SF 205

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/13/2023 08:02am

A bill for an act
relating to education; removing the Professional Educator Licensing and Standards
Board's rulemaking authority; directing the Professional Educator Licensing and
Standards Board to amend a rule; amending Minnesota Statutes 2022, section
122A.09, subdivision 9.

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

Section 1.

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

Subd. 9.

Professional Educator Licensing and Standards Board deleted text begin must adopt rules deleted text end new text begin
rule adoption new text end .

deleted text begin (a) deleted text end The Professional Educator Licensing and Standards Board must new text begin not new text end
adopt rules deleted text begin subject to the provisions of chapter 14 deleted text end 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, 122A.20, 122A.21, 122A.23, 122A.26, 122A.28,
and 122A.29.

deleted text begin (b) The board must adopt rules relating to fields of licensure, 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 end

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) 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 end

deleted text begin (e) 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 end

deleted text begin (f) The board must adopt rules only under the specific statutory authority.
deleted 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. 2. new text begin PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD
RULES; VOIDED.
new text end

new text begin (a) Except as provided under section 3, a rule finally adopted by the Professional Educator
Licensing and Standards Board after June 30, 2022, is void. A rule effective on or before
that date remains in effect.
new text end

new text begin (b) The board must not use the rulemaking authority under Minnesota Statutes, section
14.06, to adopt rules related to the authority removed under this act.
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. 3. new text begin RULE AMENDMENT.
new text end

new text begin Notwithstanding section 1, the Professional Educator Licensing and Standards Board
must amend Minnesota Rules, part 8710.0310, subpart 1, item D, to delete the definition
of "cultural competency training." The board must use the good cause exemption process
under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
section 14.386, does not apply.
new text end