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SF 1641

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 08:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to education; making changes to teacher licensure and teacher preparation
programs; amending the membership of the Professional Educator Licensing and
Standards Board; appropriating money; amending Minnesota Statutes 2022, sections
122A.06, subdivisions 1, 2, 5, 6, 7, 8, by adding subdivisions; 122A.07,
subdivisions 1, 2, 4, 4a, 5, 6; 122A.09, subdivisions 4, 6, 9, 10; 122A.091,
subdivisions 1, 2; 122A.15, subdivision 1; 122A.16; 122A.18, subdivisions 1, 2,
10, by adding a subdivision; 122A.181, subdivisions 1, 2, 3; 122A.182, subdivisions
1, 2; 122A.183, subdivisions 1, 2; 122A.184, subdivision 1; 122A.185, subdivisions
1, 4; 122A.187, subdivision 1; 122A.19, subdivision 4; 122A.69; proposing coding
for new law in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes
2022, sections 122A.07, subdivision 2a; 122A.091, subdivisions 3, 6; 122A.18,
subdivision 7c; 122A.184, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [122A.04] LICENSE REQUIRED.
new text end

new text begin Pursuant to section 120A.22, subdivision 10, a teacher must hold a license or a permission
aligned to the content area and scope of the teacher's assignment to provide instruction in
a public school or a charter school.
new text end

Sec. 2.

Minnesota Statutes 2022, section 122A.06, subdivision 1, is amended to read:


Subdivision 1.

Scope.

For the purpose of sections deleted text begin122A.05deleted text endnew text begin 122A.04new text end to 122A.093, new text beginand
sections 122A.15 to 122A.33,
new text endthe terms defined in this section have the meanings given
them, unless another meaning is clearly indicated.

Sec. 3.

Minnesota Statutes 2022, section 122A.06, subdivision 2, is amended to read:


Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required new text beginby law new text endto hold a license new text beginor permission new text endfrom the Professional Educator
Licensing and Standards Board.

Sec. 4.

Minnesota Statutes 2022, section 122A.06, subdivision 5, is amended to read:


Subd. 5.

Field.

A "fieldnew text begin,new text end" new text begin"licensure area," new text endor "subject area" means the content area in
which a teacher may become licensed to teach.

Sec. 5.

Minnesota Statutes 2022, section 122A.06, subdivision 6, is amended to read:


Subd. 6.

Shortage area.

"Shortage area" means:

(1) licensure fields and economic development regions reported by the deleted text begincommissioner
of education
deleted text endnew text begin Office of Higher Educationnew text end or the Professional Educator Licensing and
Standards Board as experiencing a teacher shortage; and

(2) economic development regions where deleted text beginthere is a shortage of licensed teachers who
reflect the racial or ethnic diversity of students in the region.
deleted text endnew text begin the aggregate percentage of
Indigenous teachers and teachers of color in the region is lower than the aggregate percentage
of kindergarten through grade 12 Indigenous students and students of color in that region.
Only individuals who close the gap between these percentages qualify as filling a shortage
by this definition.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.06, subdivision 7, is amended to read:


Subd. 7.

Teacher preparation program.

"Teacher preparation program" means a
program approved by the Professional Educator Licensing and Standards Board for the
purpose of preparing individuals for a specific teacher licensure field in Minnesota. deleted text beginTeacher
preparation programs include traditional programs delivered by postsecondary institutions,
alternative teacher preparation programs, and nonconventional teacher preparation programs.
deleted text end

Sec. 7.

Minnesota Statutes 2022, section 122A.06, subdivision 8, is amended to read:


Subd. 8.

Teacher preparation program provider.

"Teacher preparation program
provider" or "unit" means an entity that has primary responsibility for overseeing and
delivering a teacher preparation program.new text begin Teacher preparation program providers include
institutes of higher education, school districts, charter schools, or nonprofit corporations
organized under chapter 317A.
new text end

Sec. 8.

Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin District. new text end

new text begin "District" means a public school district or charter school.
new text end

Sec. 9.

Minnesota Statutes 2022, section 122A.06, is amended by adding a subdivision to
read:


new text begin Subd. 10. new text end

new text begin Transfer pathway. new text end

new text begin "Transfer pathway" means an established pathway to
licensure between a two-year college and a board-approved teacher preparation provider.
new text end

Sec. 10.

Minnesota Statutes 2022, section 122A.07, subdivision 1, is amended to read:


Subdivision 1.

Appointment of members.

The Professional Educator Licensing and
Standards Board consists of deleted text begin11deleted text endnew text begin 13new text end members appointed by the governor, with the advice and
consent of the senate. Membership terms, deleted text begincompensation of members,deleted text end removal of members,
the filling of membership vacancies, and fiscal year and reporting requirements are as
provided in sections 214.07 to 214.09. No member may be reappointed for more than one
additional term.

Sec. 11.

Minnesota Statutes 2022, section 122A.07, subdivision 2, is amended to read:


Subd. 2.

Eligibility; board composition.

Each deleted text beginnomineedeleted text endnew text begin appointeenew text end, other than a public
nominee, must be selected on the basis of professional experience and knowledge of teacher
education, accreditation, and licensure. The board must be composed of:

(1) deleted text beginsixdeleted text endnew text begin sevennew text end teachers who are currently teaching in a Minnesota school deleted text beginor who were
teaching at the time of the appointment
deleted text end, have at least five years of teaching experience, and
deleted text begin weredeleted text endnew text begin arenew text end not serving in deleted text beginan administrative function at a school district or school when
appointed
deleted text endnew text begin a position requiring an administrative license, pursuant to section 122A.14new text end. The
deleted text begin sixdeleted text endnew text begin sevennew text end teachers must include the following:

(i) one teacher in a charter school;

(ii) deleted text beginone teacherdeleted text end new text begintwo teachersnew text end from new text begina school located in new text endthe seven-county metropolitan
area, as defined in section 473.121, subdivision 2;

(iii) deleted text beginone teacherdeleted text end new text begintwo teachersnew text end from new text begina school located new text endoutside the seven-county metropolitan
area;

(iv) one teacher from a related service category licensed by the board; new text beginand
new text end

(v) one special education teacher; deleted text beginand
deleted text end

deleted text begin (vi) one teacher from a teacher preparation program deleted text end deleted text begin ;
deleted text end

new text begin (2) two teachers currently teaching in a board-approved teacher preparation program;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end one superintendent deleted text beginthat alternatesdeleted text endnew text begin, alternatingnew text end each term between a superintendent
from new text begina school district in new text endthe seven-county metropolitan area, as defined in section 473.121,
subdivision 2
, and a superintendent from new text begina school district new text endoutside the metropolitan area;

deleted text begin (3) one school district human resources director;
deleted text end

(4) one deleted text beginadministrator of a cooperative unit under section 123A.24, subdivision 2,deleted text endnew text begin educatornew text end
who oversees a special education programnew text begin and who works closely with a cooperative unit
under section 123A.24, subdivision 2
new text end;

(5) one principal deleted text beginthat alternatesdeleted text endnew text begin, alternatingnew text end each term between an elementary and a
secondary school principal; and

(6) one member of the public that may be a current or former school board member.

Sec. 12.

Minnesota Statutes 2022, section 122A.07, subdivision 4, is amended to read:


Subd. 4.

Terms, compensation; removal; vacancies.

new text begin(a) new text endThe review and processing
of complaints; the setting of fees; the selection and duties of an executive director to serve
the board; and other provisions relating to board operations not provided in this chapter are
as provided in chapter 214. Membership terms, except as provided in subdivision 2a,
deleted text begin compensation of members,deleted text end removal of members, the filling of membership vacancies, and
fiscal year and reporting requirements are as provided in sections 214.07 to 214.09.

new text begin (b) Board members must receive a stipend of up to $4,800 annually, prorated monthly,
during each year of service on the board.
new text end

Sec. 13.

Minnesota Statutes 2022, section 122A.07, subdivision 4a, is amended to read:


Subd. 4a.

Administration.

(a) The executive director of the board shall be the chief
administrative officer for the board but shall not be a member of the board. The executive
director shall maintain the records of the board, account for all fees received by the board,
supervise and direct employees servicing the board, and perform other services as directed
by the board.

(b) The Department of Administration must provide administrative support in accordance
with section 16B.371. The commissioner of administration must assess the board for services
it provides under this section.

deleted text begin (c) The Department of Education must provide suitable offices and other space to the
board at reasonable cost until January 1, 2020. Thereafter, the board may contract with
either the Department of Education or the Department of Administration for the provision
of suitable offices and other space, joint conference and hearing facilities, and examination
rooms.
deleted text end

Sec. 14.

Minnesota Statutes 2022, section 122A.07, subdivision 5, is amended to read:


Subd. 5.

District reimbursement for costs of substitute teachers.

The Professional
Educator Licensing and Standards Board deleted text beginmaydeleted text endnew text begin mustnew text end reimburse local school districts for the
costs of substitute teachers employed when regular teachers are providing professional
assistance to the state by serving on the board or on a committee or task force appointed by
the board and charged to make recommendations concerning standards for teacher licensure
in this state.

Sec. 15.

Minnesota Statutes 2022, section 122A.07, subdivision 6, is amended to read:


Subd. 6.

Public employer compensation reduction prohibited.

new text begin(a) new text endThe public employer
of a member must not reduce the member's compensation or benefits because of the member's
absence from employment when engaging in the business of the board.

new text begin (b) The public employer of a member must grant the member time off to join board
meetings, committee meetings, and board retreats.
new text end

Sec. 16.

Minnesota Statutes 2022, section 122A.09, subdivision 4, is amended to read:


Subd. 4.

Licensingnew text begin and approvalnew text end.

new text begin(a)new text end The Professional Educator Licensing and Standards
Board must license teachers, as defined in section 122A.15, subdivision 1, except for
supervisory personnel, as defined in section 122A.15, subdivision 2. The board must not
delegate its authority to make all licensing decisions with respect to deleted text begincandidatesdeleted text endnew text begin applicantsnew text end
for teacher licensure. The board must evaluate deleted text begincandidatesdeleted text endnew text begin applicantsnew text end for compliance with
statutory or rule requirements for licensure and develop licensure verification requirements.

new text begin (b) The Professional Educator Licensing and Standards Board must approve teacher
preparation providers seeking to prepare applicants for teacher licensure in Minnesota.
new text end

Sec. 17.

Minnesota Statutes 2022, section 122A.09, subdivision 6, is amended to read:


Subd. 6.

Register of persons licensed.

The deleted text beginexecutive director of thedeleted text end Professional
Educator Licensing and Standards Board must keep a record of the proceedings of and a
register of all persons licensed pursuant to the provisions of this chapter. The register must
show the name, deleted text beginaddress,deleted text endnew text begin licenses and permissions held, including renewals, andnew text end license
number deleted text beginand the renewal of the licensedeleted text end. deleted text beginThe board must on July 1, of each year or as soon
thereafter as is practicable, compile a list of such duly licensed teachers. A copy of the
register
deleted text endnew text begin This listnew text end must be available deleted text beginduring business hours at the office of the board to any
interested person
deleted text endnew text begin on the board's websitenew text end.

Sec. 18.

Minnesota Statutes 2022, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

Professional Educator Licensing and Standards Board must adopt rules.

(a)
The Professional Educator Licensing and Standards Board must adopt rules subject to the
provisions of chapter 14 to implement sections 120B.363, 122A.05 to 122A.09, 122A.092,
122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183, 122A.184, 122A.185,
122A.187, 122A.188, new text begin122A.19, new text end122A.20, 122A.21, 122A.23, 122A.26, 122A.28, deleted text beginanddeleted text end
122A.29new text begin, and 124D.72new text end.

(b) The board must adopt rules relating to fields of licensurenew text begin and grade levels that a
licensed teacher may teach
new text end, including a process for granting permission to a licensed teacher
to teach in a field that is different from the teacher's field of licensure without change to the
teacher's license tier level.

deleted text begin (c) The board must adopt rules relating to the grade levels that a licensed teacher may
teach.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end If a rule adopted by the board is in conflict with a session law or statute, the law
or statute prevails. Terms adopted in rule must be clearly defined and must not be construed
to conflict with terms adopted in statute or session law.

deleted text begin (e)deleted text endnew text begin (d)new text end The board must include a description of a proposed rule's probable effect on
teacher supply and demand in the board's statement of need and reasonableness under section
14.131.

deleted text begin (f)deleted text endnew text begin (e)new text end The board must adopt rules only under the specific statutory authority.

Sec. 19.

Minnesota Statutes 2022, section 122A.09, subdivision 10, is amended to read:


Subd. 10.

Permissions.

(a) Notwithstanding subdivision 9 and sections 14.055 and
14.056, the Professional Educator Licensing and Standards Board may grant waivers to its
rules upon application by a school district or a charter school for purposes of implementing
experimental programs in learning or management.

(b) To enable a school district or a charter school to meet the needs of students enrolled
in an alternative education program and to enable licensed teachers instructing those students
to satisfy content area licensure requirements, the Professional Educator Licensing and
Standards Board annually may permit a licensed teacher teaching in an alternative education
program to instruct students in a content area for which the teacher is not licensed, consistent
with paragraph (a).

(c) A special education license permission issued by the Professional Educator Licensing
and Standards Board for a primary employer's low-incidence region is valid in all
low-incidence regions.

(d) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end that has obtained career and technical education certification
may apply for a Tier 1 license under section 122A.181. Consistent with section 136F.361,
the Professional Educator Licensing and Standards Board must strongly encourage approved
deleted text begin college or university-baseddeleted text end teacher preparation programs throughout Minnesota to develop
alternative pathways for certifying and licensing high school career and technical education
instructors and teachers, allowing such deleted text begincandidatesdeleted text endnew text begin applicantsnew text end to meet certification and
licensure standards that demonstrate their content knowledge, classroom experience, and
pedagogical practices and their qualifications based on a combination of occupational testing,
professional certification or licensure, and long-standing work experience.

Sec. 20.

Minnesota Statutes 2022, section 122A.091, subdivision 1, is amended to read:


Subdivision 1.

Teacher and administrator preparation and performance data;
report.

(a) The Professional Educator Licensing and Standards Board and the Board of
School Administrators, in cooperation with deleted text beginboard-adopteddeleted text endnew text begin board-approvednew text end teacher or
administrator preparation programs, annually must collect and report summary data on
teacher and administrator preparation and performance outcomes, consistent with this
subdivision. The Professional Educator Licensing and Standards Board and the Board of
School Administrators annually by deleted text beginJunedeleted text endnew text begin Julynew text end 1 must update and post the reported summary
preparation and performance data on teachers and administrators from the preceding school
years on deleted text begina website hosted jointly by the boardsdeleted text endnew text begin their respective websitesnew text end.

(b) Publicly reported summary data on teacher preparation deleted text beginprogramsdeleted text endnew text begin providersnew text end must
include:

deleted text begin (1) student entrance requirements for each Professional Educator Licensing and Standards
Board-approved program, including grade point average for enrolling students in the
preceding year;
deleted text end

deleted text begin (2) the average board-adopted skills examination or ACT or SAT scores of students
entering the program in the preceding year;
deleted text end

deleted text begin (3)deleted text endnew text begin (1)new text end summary data on deleted text beginfacultydeleted text endnew text begin teacher educatornew text end qualificationsdeleted text begin, including at least the
content areas of faculty undergraduate and graduate degrees
deleted text end and their years of experience
either as deleted text beginkindergartendeleted text endnew text begin birthnew text end through grade 12 classroom teachers or school administrators;

deleted text begin (4) the average time resident and nonresident program graduates in the preceding year
needed to complete the program;
deleted text end

new text begin (2) the current number and percentage of enrolled candidates who entered the program
through a transfer pathway disaggregated by race, except when disaggregation would not
yield statistically reliable results or would reveal personally identifiable information about
an individual;
new text end

deleted text begin (5)deleted text endnew text begin (3)new text end the current number and percentage of deleted text beginstudentsdeleted text endnew text begin program completersnew text end by program
who deleted text begingraduated,deleted text end received a deleted text beginstandard Minnesota teaching license, anddeleted text endnew text begin Tier 3 or Tier 4 license
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;
new text end

new text begin (4) the current number and percentage of program completers who entered the program
through a transfer pathway and received a Tier 3 or Tier 4 license disaggregated by race,
except when disaggregation would not yield statistically reliable results or would reveal
personally identifiable information about an individual;
new text end

new text begin (5) the current number and percentage of program completers whonew text end were hired to teach
full time in their licensure field in a Minnesota district or school in the preceding year
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(6) deleted text beginthe number of content area credits and other credits by undergraduate program that
students in the preceding school year needed to complete to graduate
deleted text endnew text begin the current number
and percentage of program completers who entered the program through a transfer pathway
and who were hired to teach full time in their licensure field in a Minnesota district or school
in the preceding year disaggregated by race, except when disaggregation would not yield
statistically reliable results or would reveal personally identifiable information about an
individual
new text end;

(7) deleted text beginstudents'deleted text end pass rates on deleted text beginskillsdeleted text endnew text begin pedagogynew text end and subject matter exams required deleted text beginfor
graduation
deleted text end in each deleted text beginprogram anddeleted text end licensure area new text beginfor program completers new text endin the preceding
school year;

(8) new text beginboard-adopted new text endsurvey results measuring deleted text beginstudent and graduate satisfaction with the
program
deleted text endnew text begin initial licensure program quality and structurenew text end in the preceding school year
disaggregated by race, except when disaggregation would not yield statistically reliable
results or would reveal personally identifiable information about an individual;

(9) deleted text begina standard measure of the satisfaction ofdeleted text endnew text begin board-adopted survey results fromnew text end school
principals or deleted text beginsupervising teachers with the student teachers assigned to a school or supervising
teacher
deleted text endnew text begin supervisors on initial licensure program quality and structurenew text end; and

(10) deleted text begininformation under subdivision 3, paragraphs (a) and (b)deleted text endnew text begin the number and percentage
of program completers who met or exceed the state threshold score on the board-adopted
teacher performance assessment
new text end. Program reporting must be consistent with subdivision 2.

(c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include:

(1) summary data on faculty qualifications, including at least the content areas of faculty
undergraduate and graduate degrees and the years of experience either as kindergarten
through grade 12 classroom teachers or school administrators;

(2) the average time program graduates in the preceding year needed to complete the
program;

(3) the current number and percentage of students who graduated, received a standard
Minnesota administrator license, and were employed as an administrator in a Minnesota
school district or school in the preceding year disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual;

(4) the number of credits by graduate program that students in the preceding school year
needed to complete to graduate;

(5) survey results measuring student, graduate, and employer satisfaction with the
program in the preceding school year disaggregated by race, except when disaggregation
would not yield statistically reliable results or would reveal personally identifiable
information about an individual; and

(6) information under subdivision 3, paragraphs (c) and (d). Program reporting must be
consistent with section 122A.14, subdivision 10.

Sec. 21.

Minnesota Statutes 2022, section 122A.091, subdivision 2, is amended to read:


Subd. 2.

Teacher preparation program reporting.

(a) By December 31, 2018, and
annually thereafter, the Professional Educator Licensing and Standards Board shall report
and publish on its website the cumulative summary results of at least three consecutive
years of data reported to the board under subdivision 1, paragraph (b). Where the data are
sufficient to yield statistically reliable information and the results would not reveal personally
identifiable information about an individual teacher, the board shall report the data by teacher
preparation program.

(b) The Professional Educator Licensing and Standards Board must report annually to
the chairs and ranking minority members of the legislative committees with jurisdiction
over kindergarten through grade 12 education, the following information:

(1) the total number of teacher candidates during the most recent school year taking a
board-adopted skills examination;

(2) the number who achieve a qualifying score on the examination;

(3) the number who do not achieve a qualifying score on the examination; and

(4) the new text beginnumber of new text endcandidates who have not passed a content or pedagogy exam.

The information reported under this paragraph must be disaggregated by categories of race,
ethnicity, andnew text begin, if applicable,new text end eligibility for financial aid. The report must be submitted in
accordance with section 3.195.

Sec. 22.

Minnesota Statutes 2022, section 122A.15, subdivision 1, is amended to read:


Subdivision 1.

Teachers.

The term "teachers" for the purpose of licensure, means all
persons employed in a public school or education district or by a service cooperative as
members of the instructional, supervisory, and support staff including superintendents,
principals, supervisors, secondary vocational and other classroom teachers, librarians, new text beginschool
new text end counselors, school psychologists, school nurses, school social workers, audio-visual directors
and coordinators, recreation personnel, media generalists, media supervisors, and deleted text beginspeech
therapists
deleted text endnew text begin school speech-language pathologists. This definition does not apply to sections
122A.05 to 122A.093
new text end.

Sec. 23.

Minnesota Statutes 2022, section 122A.16, is amended to read:


122A.16 QUALIFIED TEACHER DEFINED.

A qualified teacher is one holding a valid licensedeleted text begin,deleted text endnew text begin or permissionnew text end under this chapterdeleted text begin,deleted text end to
perform the particular service for which the teacher is employed in a public school.

Sec. 24.

Minnesota Statutes 2022, section 122A.18, subdivision 1, is amended to read:


Subdivision 1.

Authority to license.

(a) The Professional Educator Licensing and
Standards Board must issue the following teacher licenses to deleted text begincandidatesdeleted text endnew text begin applicantsnew text end who
meet the qualifications prescribed by this chapter:

(1) Tier 1 license under section 122A.181;

(2) Tier 2 license under section 122A.182;

(3) Tier 3 license under section 122A.183; and

(4) Tier 4 license under section 122A.184.

(b) The Board of School Administrators must license supervisory personnel as defined
in section 122A.15, subdivision 2, except for athletic coaches.

(c) The Professional Educator Licensing and Standards Board and the Department of
Education must enter into a data sharing agreement to share:

(1) educational data at the E-12 level for the limited purpose of program approval and
improvement for teacher education programs. The program approval process must include
targeted redesign of teacher preparation programs to address identified E-12 student areas
of concern; and

(2) data in the staff automated reporting system for the limited purpose of managing and
processing funding to school districts and other entities.

(d) The Board of School Administrators and the Department of Education must enter
into a data sharing agreement to share educational data at the E-12 level for the limited
purpose of program approval and improvement for education administration programs. The
program approval process must include targeted redesign of education administration
preparation programs to address identified E-12 student areas of concern.

(e) For purposes of the data sharing agreements under paragraphs (c) and (d), the
Professional Educator Licensing and Standards Board, Board of School Administrators,
and Department of Education may share private data, as defined in section 13.02, subdivision
12
, on teachers and school administrators. The data sharing agreements must not include
educational data, as defined in section 13.32, subdivision 1, but may include summary data,
as defined in section 13.02, subdivision 19, derived from educational data.

Sec. 25.

Minnesota Statutes 2022, section 122A.18, subdivision 2, is amended to read:


Subd. 2.

Support personnel qualifications.

The Professional Educator Licensing and
Standards Board must issue licenses and credentials under its jurisdiction to persons the
board finds to be qualified and competent for support personnel positions in accordance
with section deleted text begin120B.36deleted text endnew text begin 120B.363new text end.

Sec. 26.

Minnesota Statutes 2022, section 122A.18, subdivision 10, is amended to read:


Subd. 10.

Licensure via portfolio.

(a) The Professional Educator Licensing and Standards
Board must adopt rules establishing a process for an eligible deleted text begincandidatedeleted text endnew text begin applicantnew text end to obtain
deleted text begin any teacherdeleted text endnew text begin an initial Tier 3new text end license deleted text beginunder subdivision 1deleted text end, or to add a licensure fielddeleted text begin,deleted text endnew text begin to a Tier
3 or Tier 4 license
new text end via portfolio. The portfolio licensure application process must be consistent
with the requirements in this subdivision.

(b) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for deleted text beginadeleted text endnew text begin an initial Tier 3new text end license new text beginvia portfolio new text endmust submit to
the board one portfolio demonstrating pedagogical competence and one portfolio
demonstrating content competence.

(c) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end seeking to add a licensure field new text beginvia portfolio new text endmust submit
to the board one portfolio demonstrating content competence for each licensure field the
candidate seeks to add.

(d) The board must notify deleted text begina candidatedeleted text endnew text begin an applicantnew text end who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio is approved. If the portfolio is not approved, the board must deleted text beginimmediatelydeleted text end inform
the deleted text begincandidatedeleted text endnew text begin applicantnew text end how to revise the portfolio to successfully demonstrate the requisite
competence. The deleted text begincandidatedeleted text endnew text begin applicantnew text end may resubmit a revised portfolio at any time and the
board must approve or disapprove the revised portfolio within 60 calendar days of receiving
it.

(e) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end must pay a fee for a portfolio in accordance with section
122A.21, subdivision 4.

Sec. 27.

Minnesota Statutes 2022, section 122A.18, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Staff Automated Reporting. new text end

new text begin The Professional Educator Licensing and
Standards Board shall collect data on educators' employment and assignments from all
public school districts and charter schools. The report may include data on educators'
demographics and licensure.
new text end

Sec. 28.

Minnesota Statutes 2022, section 122A.181, subdivision 1, is amended to read:


Subdivision 1.

Application requirements.

The Professional Educator Licensing and
Standards Board must approve deleted text begina request from a district or charter school to issue a Tier 1
license in a specified content area to a candidate
deleted text endnew text begin an application for a Tier 1 license in a
specified content area
new text end if:

new text begin (1) the application has been submitted jointly by the applicant and the district;
new text end

new text begin (2) the application has been paid for by the district or the applicant;
new text end

deleted text begin (1)deleted text endnew text begin (3)new text end the deleted text begincandidatedeleted text endnew text begin applicantnew text end meets the professional requirement in subdivision 2;

deleted text begin (2)deleted text endnew text begin (4)new text end the district or charter school affirms that the deleted text begincandidatedeleted text endnew text begin applicantnew text end has the necessary
skills and knowledge to teach in the specified content area; deleted text beginand
deleted text end

deleted text begin (3)deleted text endnew text begin (5)new text end the district or charter school demonstrates thatdeleted text begin: (i)deleted text end a criminal background check
under section 122A.18, subdivision 8, has been completed on the deleted text begincandidatedeleted text endnew text begin applicantnew text end; and

deleted text begin (ii)deleted text endnew text begin (6)new text end the district or charter school has posted the teacher position but was unable to
hire an acceptable teacher with a Tier 2, 3, or 4 license for the position.

Sec. 29.

Minnesota Statutes 2022, section 122A.181, subdivision 2, is amended to read:


Subd. 2.

Professional requirements.

(a) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 1 license
must have a bachelor's degree to teach a class or course outside a career and technical
education or career pathways course of study.

(b) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 1 license must have one of the following
credentials in a relevant content area to teach a class in a career and technical education or
career pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 30.

Minnesota Statutes 2022, section 122A.181, subdivision 3, is amended to read:


Subd. 3.

Term of license and renewal.

(a) The Professional Educator Licensing and
Standards Board must issue an initial Tier 1 license for a term of one year. A Tier 1 license
may be renewed subject to paragraphs (b) and (c). deleted text beginThe board may submit written comments
to the district or charter school that requested the renewal regarding the candidate.
deleted text end

(b) The Professional Educator Licensing and Standards Board must renew a Tier 1
license if:

(1) the district or charter school requesting the renewal demonstrates that it has posted
the teacher position but was unable to hire an acceptable teacher with a Tier 2, 3, or 4 license
for the position;

(2) the teacher holding the Tier 1 license took a content examination in accordance with
section 122A.185 and submitted the examination results to the teacher's employing district
or charter school within one year of the board approving the request for the initial Tier 1
license;

(3) the teacher holding the Tier 1 license participated in cultural competency training
consistent with section 120B.30, subdivision 1, paragraph (q), within one year of the board
approving the request for the initial Tier 1 license; and

(4) the teacher holding the Tier 1 license met the mental illness training renewal
requirement under section 122A.187, subdivision 6.

The requirement in clause (2) does not apply to a teacher that teaches a class in a career and
technical education or career pathways course of study.

(c) A Tier 1 license must not be renewed more than three times, unless the requesting
district or charter school can show good cause for additional renewals. A Tier 1 license
issued to teach (1) a class or course in a career and technical education or career pathway
course of study or (2) in a shortage area, as defined in section 122A.06, subdivision 6, may
be renewed without limitation.

Sec. 31.

Minnesota Statutes 2022, section 122A.182, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must approve deleted text begina request from a district or charter school to issuedeleted text endnew text begin an application fornew text end a
Tier 2 license in a specified content area deleted text beginto a candidatedeleted text end if:

new text begin (1) the application has been submitted jointly by the applicant and the district;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end the deleted text begincandidatedeleted text endnew text begin applicantnew text end meets the educational or professional requirements in
paragraph (b) or (c);

deleted text begin (2)deleted text endnew text begin (3)new text end the deleted text begincandidatedeleted text endnew text begin applicantnew text end:

(i) has completed the coursework required under subdivision 2;

(ii) is enrolled in a Minnesota-approved teacher preparation program; or

(iii) has a master's degree in the specified content area; and

deleted text begin (3)deleted text endnew text begin (4)new text end the district or charter school demonstrates that a criminal background check under
section 122A.18, subdivision 8, has been completed on the deleted text begincandidatedeleted text endnew text begin applicantnew text end.

(b) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 2 license must have a bachelor's degree to teach
a class outside a career and technical education or career pathways course of study.

(c) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 2 license must have one of the following
credentials in a relevant content area to teach a class or course in a career and technical
education or career pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

Sec. 32.

Minnesota Statutes 2022, section 122A.182, subdivision 2, is amended to read:


Subd. 2.

Coursework.

(a) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 2 license must meet the
coursework requirement by demonstrating completion of two of the following:

(1) at least eight upper division or graduate-level credits in the relevant content area;

(2) field-specific methods of training, including coursework;

(3) at least two years of teaching experience in a similar content area in any state, as
determined by the board;

(4) a passing score on the pedagogy and content exams under section 122A.185; or

(5) completion of a state-approved teacher preparation program.

(b) For purposes of paragraph (a), "upper division" means classes normally taken at the
junior or senior level of college which require substantial knowledge and skill in the field.
deleted text begin Candidatesdeleted text endnew text begin An applicantnew text end must identify the upper division credits that fulfill the requirement
in paragraph (a), clause (1).

Sec. 33.

Minnesota Statutes 2022, section 122A.183, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) The Professional Educator Licensing and Standards
Board must issue a Tier 3 license to deleted text begina candidatedeleted text endnew text begin an applicantnew text end who provides information
sufficient to demonstrate all of the following:

(1) the deleted text begincandidatedeleted text endnew text begin applicantnew text end meets the educational or professional requirements in
paragraphs (b) and (c);

(2) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has obtained a passing score on the required licensure exams
under section 122A.185; and

(3) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has completed the coursework required under subdivision 2.

(b) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 3 license must have a bachelor's degree to teach
a class or course outside a career and technical education or career pathways course of study.

(c) deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 3 license must have one of the following
credentials in a relevant content area to teach a class or course in a career and technical
education or career pathways course of study:

(1) an associate's degree;

(2) a professional certification; or

(3) five years of relevant work experience.

In consultation with the governor's Workforce Development Board established under section
116L.665, the board must establish a list of qualifying certifications, and may add additional
professional certifications in consultation with school administrators, teachers, and other
stakeholders.

Sec. 34.

Minnesota Statutes 2022, section 122A.183, subdivision 2, is amended to read:


Subd. 2.

Coursework.

deleted text beginA candidatedeleted text endnew text begin An applicantnew text end for a Tier 3 license must meet the
coursework requirement by demonstrating one of the following:

(1) completion of a Minnesota-approved teacher preparation program;

(2) completion of a state-approved teacher preparation program that includes field-specific
student teaching equivalent to field-specific student teaching in Minnesota-approved teacher
preparation programs. The field-specific student teaching requirement does not apply to deleted text begina
candidate
deleted text endnew text begin an applicantnew text end that has two years of teaching experience;

(3) submission of a content-specific licensure portfolio;

(4) a professional teaching license from another state, evidence that the deleted text begincandidate'sdeleted text endnew text begin
applicant's
new text end license is in good standing, and two years of teaching experience; or

(5) three years of teaching experience under a Tier 2 license and evidence of summative
teacher evaluations that did not result in placing or otherwise keeping the teacher on an
improvement process pursuant to section 122A.40, subdivision 8, or section 122A.41,
subdivision 5.

Sec. 35.

Minnesota Statutes 2022, section 122A.184, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

The Professional Educator Licensing and Standards
Board must issue a Tier 4 license to deleted text begina candidatedeleted text endnew text begin an applicantnew text end who provides information
sufficient to demonstrate all of the following:

(1) the deleted text begincandidatedeleted text endnew text begin applicantnew text end meets all requirements for a Tier 3 license under section
122A.183, and has completed a teacher preparation program under section 122A.183,
subdivision 2
, clause (1) or (2);

(2) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has at least three years of teaching experience in Minnesota;

(3) the deleted text begincandidatedeleted text endnew text begin applicantnew text end has obtained a passing score on all required licensure exams
under section 122A.185; and

(4) the deleted text begincandidate'sdeleted text endnew text begin applicant'snew text end most recent summative teacher evaluation did not result
in placing or otherwise keeping the teacher in an improvement process pursuant to section
122A.40, subdivision 8, or 122A.41, subdivision 5.

Sec. 36.

Minnesota Statutes 2022, section 122A.185, subdivision 1, is amended to read:


Subdivision 1.

Tests.

(a) The Professional Educator Licensing and Standards Board
must adopt rules requiring deleted text begina candidatedeleted text endnew text begin an applicantnew text end to demonstrate a passing score on a
board-adopted examination of skills in reading, writing, and mathematics before being
granted a Tier 4 teaching license under section 122A.184 to provide direct instruction to
pupils in elementary, secondary, or special education programs. deleted text beginCandidatesdeleted text endnew text begin Applicantsnew text end may
obtain a Tier 1, Tier 2, or Tier 3 license to provide direct instruction to pupils in elementary,
secondary, or special education programs if deleted text begincandidatesdeleted text endnew text begin applicantsnew text end meet the other requirements
in section 122A.181, 122A.182, or 122A.183, respectively.

(b) The board must adopt rules requiring deleted text begincandidatesdeleted text endnew text begin applicantsnew text end for Tier 3 and Tier 4
licenses to pass an examination of general pedagogical knowledge and examinations of
licensure field specific content. The content examination requirement does not apply if no
relevant content exam exists.

(c) deleted text beginCandidatesdeleted text endnew text begin Applicantsnew text end for initial Tier 3 and Tier 4 licenses to teach elementary
students must pass test items assessing the deleted text begincandidates'deleted text endnew text begin applicants'new text end knowledge, skill, and
ability in comprehensive, scientifically based reading instruction under section 122A.06,
subdivision 4
, knowledge and understanding of the foundations of reading development,
development of reading comprehension and reading assessment and instruction, and the
ability to integrate that knowledge and understanding into instruction strategies under section
122A.06, subdivision 4.

(d) The requirement to pass a board-adopted reading, writing, and mathematics skills
examination does not apply to nonnative English speakers, as verified by qualified Minnesota
school district personnel or Minnesota higher education faculty, who, after meeting the
content and pedagogy requirements under this subdivision, apply for a teaching license to
provide direct instruction in their native language or world language instruction under section
120B.022, subdivision 1.

Sec. 37.

Minnesota Statutes 2022, section 122A.185, subdivision 4, is amended to read:


Subd. 4.

Remedial assistance.

(a) A board-approved teacher preparation program must
make available upon request remedial assistance that includes a formal diagnostic component
to persons enrolled in their institution who did not achieve a qualifying score on a
board-adopted skills examination, including those for whom English is a second language.
The teacher preparation programs must make available assistance in the specific academic
areas of deleted text begincandidates'deleted text endnew text begin applicants'new text end deficiency.

(b) School districts may make available upon request similar, appropriate, and timely
remedial assistance that includes a formal diagnostic component to those persons employed
by the district who completed their teacher education program, who did not achieve a
qualifying score on a board-adopted skills examination, and who received a Tier 1, Tier 2,
or Tier 3 license under section 122A.181, 122A.182, or 122A.183, respectively, to teach in
Minnesota.

Sec. 38.

Minnesota Statutes 2022, section 122A.187, subdivision 1, is amended to read:


Subdivision 1.

License form requirements.

Each license issued under this chapter must
bear the date of issue and the name of the state-approved teacher training provider or
alternative teaching program, as applicable. Licenses must expire and be renewed according
to rules adopted by the Professional Educator Licensing and Standards Board or the Board
of School Administrators. deleted text beginThe rules adopted by the Professional Educator Licensing and
Standards Board for renewing a Tier 3 or Tier 4 license under sections 122A.183 and
122A.184, respectively, must include showing satisfactory evidence of successful teaching
or administrative experience for at least one school year during the period covered by the
license in grades or subjects for which the license is valid or completing such additional
preparation as required under this section, or as the Professional Educator Licensing and
Standards Board prescribes.
deleted text end The Board of School Administrators shall establish requirements
for renewing the licenses of supervisory personnel except athletic coaches. deleted text beginThe Professional
Educator Licensing and Standards Board shall establish requirements for renewing the
licenses of athletic coaches.
deleted text end

Sec. 39.

Minnesota Statutes 2022, section 122A.19, subdivision 4, is amended to read:


Subd. 4.

Teacher preparation programs.

(a) For the purpose of licensing bilingual
and English as a second language teachers, the board may approve new text beginteacher preparation
new text end programs deleted text beginat colleges or universitiesdeleted text end designed for their training.

(b) Programs that prepare English as a second language teachers must provide instruction
in implementing research-based practices designed specifically for English learners. The
programs must focus on developing English learners' academic language proficiency in
English, including oral academic language, giving English learners meaningful access to
the full school curriculum, developing culturally relevant teaching practices appropriate for
immigrant students, and providing more intensive instruction and resources to English
learners with lower levels of academic English proficiency and varied needs, consistent
with section 124D.59, subdivisions 2 and 2a.

Sec. 40.

Minnesota Statutes 2022, section 122A.69, is amended to read:


122A.69 PRACTICE OR STUDENT TEACHERS.

The Professional Educator Licensing and Standards Board may, by agreements with
teacher preparation institutions, arrange for classroom experience in the district for practice
or student teachers deleted text beginwho have completed at least two years ofdeleted text endnew text begin innew text end an approved teacher
preparation program. Such practice and student teachers must be appropriately supervised
by a fully qualified teacher under rules adopted by the board. A practice or student teacher
must be placed with a cooperating licensed teacher who has at least three years of teaching
experience and is not in the improvement process under section 122A.40, subdivision 8,
paragraph (b), clause (12), or 122A.41, subdivision 5, paragraph (b), clause (12). Practice
and student teachers are employees of the school district in which they are rendering services
for purposes of workers' compensation; liability insurance, if provided for other district
employees under section 123B.23; and legal counsel under section 123B.25.

Sec. 41. new text beginPROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD
MEMBERSHIP.
new text end

new text begin By July 15, 2023, the governor must nominate members to the Professional Educator
Licensing and Standards Board to ensure the board consists of 13 members. Notwithstanding
any law to the contrary, the term of the school district human resources director serving on
the board as of March 1, 2023, ends December 31, 2023. By January 1, 2024, the governor
must nominate a member to the board to ensure the board consists of the 13 members
required under Minnesota Statutes, section 122A.07, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42. new text beginAPPROPRIATIONS; PROFESSIONAL EDUCATOR LICENSING AND
STANDARDS BOARD.
new text end

new text begin (a) The sums indicated in this section are appropriated from the general fund to the
Professional Educator Licensing and Standards Board for the fiscal years designated:
new text end

new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2024
new text end
new text begin $
new text end
new text begin .......
new text end
new text begin .....
new text end
new text begin 2025
new text end

new text begin (b) Of these amounts, $62,400 in fiscal year 2024 and $62,400 in fiscal year 2025 are
for board member stipends under Minnesota Statutes, section 122A.07.
new text end

new text begin (c) Any balance in the first year does not cancel but is available in the second year.
new text end

new text begin (d) The base for fiscal year 2026 and later is $........
new text end

Sec. 43. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 122A.07, subdivision 2a; 122A.091, subdivisions 3
and 6; 122A.18, subdivision 7c; and 122A.184, subdivision 3,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S1641-1

122A.07 PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD MEMBERSHIP.

Subd. 2a.

First appointments.

(a) The governor shall nominate all members to the Professional Educator Licensing and Standards Board. The terms of the initial board members must be as follows:

(1) two members must be appointed for terms that expire January 1, 2019;

(2) three members must be appointed for terms that expire January 1, 2020;

(3) three members must be appointed for terms that expire January 1, 2021; and

(4) three members must be appointed for terms that expire January 1, 2022.

(b) Members of the Board of Teaching as of January 1, 2017, are ineligible for first appointments to the Professional Educator Licensing and Standards Board for four years from September 1, 2017, except that two members of the Board of Teaching as of January 1, 2017, are eligible for appointment under paragraph (a), clause (1).

122A.091 REPORTS.

Subd. 3.

School district reports.

(a) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all teachers who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year:

(1) the effectiveness category or rating of the teacher on the summative evaluation under section 122A.40, subdivision 8, or 122A.41, subdivision 5;

(2) the licensure area in which the teacher primarily taught during the three-year evaluation cycle; and

(3) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure.

(b) School districts annually by October 1 must report to the Professional Educator Licensing and Standards Board the following information for all probationary teachers in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year:

(1) the licensure areas in which the probationary teacher taught; and

(2) the teacher preparation program preparing the teacher in the teacher's primary areas of instruction and licensure.

(c) School districts annually by October 1 must report to the Board of School Administrators the following information for all school principals and assistant principals who finished the probationary period and accepted a continuing contract position with the district from September 1 of the previous year through August 31 of the current year:

(1) the effectiveness category or rating of the principal or assistant principal on the summative evaluation under section 123B.147, subdivision 3; and

(2) the principal preparation program providing instruction to the principal or assistant principal.

(d) School districts annually by October 1 must report to the Board of School Administrators all probationary school principals and assistant principals in the district who were released or whose contracts were not renewed from September 1 of the previous year through August 31 of the current year.

Subd. 6.

Implementation report.

By January 1, 2019, the Professional Educator Licensing and Standards Board must prepare a report to the legislature on the implementation of the teacher licensure system established under sections 122A.18 to 122A.184. The report must include the number of applicants for licensure in each tier, the number of applications granted and denied, summary data on the reasons applications were denied, and the status of the board's rulemaking process for all licensure-related rules.

122A.18 BOARD TO ISSUE LICENSES.

Subd. 7c.

Temporary military license.

The Professional Educator Licensing and Standards Board shall establish a temporary license in accordance with section 197.4552 for teaching. The fee for a temporary license under this subdivision shall be $57. The board must provide candidates for a license under this subdivision with information regarding the tiered licensure system provided in sections 122A.18 to 122A.184.

122A.184 TIER 4 LICENSE.

Subd. 3.

Mentorship and evaluation.

A teacher holding a Tier 4 license must participate in the employing district or charter school's mentorship and evaluation program, including an individual growth and development plan.