SF 2216

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for teacher 
  1.3             recruitment and retention; appropriating money; 
  1.4             amending Minnesota Statutes 1998, sections 122A.09, 
  1.5             subdivision 4; 122A.18, by adding subdivisions; and 
  1.6             122A.40, subdivision 5; proposing coding for new law 
  1.7             in Minnesota Statutes, chapters 122A; and 127A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 122A.09, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
  1.12  rules to license public school teachers and interns subject to 
  1.13  chapter 14. 
  1.14     (b) The board must adopt rules requiring a person to 
  1.15  successfully complete a skills examination in reading, writing, 
  1.16  and mathematics as a requirement for initial teacher licensure.  
  1.17  Such rules must require college and universities offering a 
  1.18  board approved teacher preparation program to provide remedial 
  1.19  assistance to persons who did not achieve a qualifying score on 
  1.20  the skills examination, including those for whom English is a 
  1.21  second language. 
  1.22     (c) The board must adopt rules to approve teacher 
  1.23  preparation programs. 
  1.24     (d) The board must provide the leadership and shall adopt 
  1.25  rules for the redesign of teacher education programs to 
  1.26  implement a research based, results-oriented curriculum that 
  2.1   focuses on the skills teachers need in order to be effective.  
  2.2   The board shall implement new systems of teacher preparation 
  2.3   program evaluation to assure program effectiveness based on 
  2.4   proficiency of graduates in demonstrating attainment of program 
  2.5   outcomes. 
  2.6      (e) The board must adopt rules requiring successful 
  2.7   completion of an examination of general pedagogical knowledge 
  2.8   and examinations of licensure-specific teaching skills.  The 
  2.9   rules shall be effective on the dates determined by the board, 
  2.10  but not later than July 1, 1999 2002. 
  2.11     (f) The board must adopt rules requiring teacher educators 
  2.12  to work directly with elementary or secondary school teachers in 
  2.13  elementary or secondary schools to obtain periodic exposure to 
  2.14  the elementary or secondary teaching environment. 
  2.15     (g) The board must grant licenses to interns and to 
  2.16  candidates for initial licenses. 
  2.17     (h) The board must design and implement an assessment 
  2.18  system which requires a candidate for an initial license and 
  2.19  first continuing license to demonstrate the abilities necessary 
  2.20  to perform selected, representative teaching tasks at 
  2.21  appropriate levels. 
  2.22     (i) The board must receive recommendations from local 
  2.23  committees as established by the board for the renewal of 
  2.24  teaching licenses. 
  2.25     (j) The board must grant life licenses to those who qualify 
  2.26  according to requirements established by the board, and suspend 
  2.27  or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
  2.28  board must not establish any expiration date for application for 
  2.29  life licenses. 
  2.30     Sec. 2.  Minnesota Statutes 1998, section 122A.18, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 7a.  [SUBSTITUTE TEACHER LICENSES.] The board of 
  2.33  teaching may grant a license limited to short-call substitute 
  2.34  teaching to a person who is enrolled in and making satisfactory 
  2.35  progress in a board-approved teacher program and who has 
  2.36  successfully completed student teaching.  This license shall be 
  3.1   valid for one year or until the person successfully completes 
  3.2   the teacher preparation program, whichever occurs first. 
  3.3      Sec. 3.  Minnesota Statutes 1998, section 122A.18, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 10.  [READING STRATEGIES.] All colleges and 
  3.6   universities approved by the board of teaching to prepare 
  3.7   persons for classroom teacher licensure must include in their 
  3.8   teacher preparation programs reading strategies that enable 
  3.9   teacher licensure candidates to know how to teach reading, 
  3.10  including in-classroom reading. 
  3.11     Sec. 4.  Minnesota Statutes 1998, section 122A.18, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 11.  [RECIPROCITY.] The board of teaching must issue 
  3.14  a teacher license to a person holding a valid teaching license 
  3.15  from another state who has received national board of 
  3.16  professional teaching standards certification. 
  3.17     Sec. 5.  Minnesota Statutes 1998, section 122A.40, 
  3.18  subdivision 5, is amended to read: 
  3.19     Subd. 5.  [PROBATIONARY PERIOD.] The first three 
  3.20  consecutive school years of a teacher's first teaching 
  3.21  experience in Minnesota in a single district is deemed to be a 
  3.22  probationary period of employment, and after completion thereof, 
  3.23  the probationary period in each district in which the teacher is 
  3.24  thereafter employed shall be one school year.  The school board 
  3.25  must adopt a plan for written evaluation of teachers during the 
  3.26  probationary period.  Evaluation must occur at least three times 
  3.27  each year for a teacher performing services on 120 or more 
  3.28  school days, at least two times each year for a teacher 
  3.29  performing services on 60 to 119 school days, and at least one 
  3.30  time each year for a teacher performing services on fewer than 
  3.31  60 school days.  Days devoted to parent-teacher conferences, 
  3.32  teachers' workshops, and other staff development opportunities 
  3.33  and days on which a teacher is absent from school must not be 
  3.34  included in determining the number of school days on which a 
  3.35  teacher performs services.  During the probationary period any 
  3.36  annual contract with any teacher may or may not be renewed as 
  4.1   the school board shall see fit.  However, the board must give 
  4.2   any such teacher whose contract it declines to renew for the 
  4.3   following school year written notice to that effect before June 
  4.4   1.  If the teacher requests reasons for any nonrenewal of a 
  4.5   teaching contract, the board must give the teacher its reason in 
  4.6   writing, including a statement that appropriate supervision was 
  4.7   furnished describing the nature and the extent of such 
  4.8   supervision furnished the teacher during the employment by the 
  4.9   board, within ten days after receiving such request.  The school 
  4.10  board may, after a hearing held upon due notice, discharge a 
  4.11  teacher during the probationary period for cause, effective 
  4.12  immediately, under section 122A.44. 
  4.13     Sec. 6.  [122A.445] [RETIRED TEACHERS; PART-TIME STATUS.] 
  4.14     A retired teacher who holds a valid teaching license and 
  4.15  returns to teaching part-time must not receive a reduction in 
  4.16  retirement benefits under an employer-sponsored pension or other 
  4.17  retirement plan. 
  4.18     Sec. 7.  [122A.495] [TEACHERS CHANGING DISTRICTS OF 
  4.19  EMPLOYMENT; PENSION.] 
  4.20     Notwithstanding chapters 354 and 354A, a teacher who holds 
  4.21  a valid license and changes his or her district of employment 
  4.22  may transfer his or her retirement benefits under an 
  4.23  employer-sponsored pension or other retirement plan, if any, 
  4.24  from the previous employing district to another Minnesota 
  4.25  district that enters a contract for employment with the teacher. 
  4.26     Sec. 8.  [122A.655] [TEACHER LOAN FORGIVENESS PROGRAM.] 
  4.27     Subdivision 1.  [ESTABLISHMENT OF ACCOUNT.] The teacher 
  4.28  loan forgiveness program is established in the department of 
  4.29  children, families, and learning to assist communities 
  4.30  experiencing a shortage of teachers with the recruitment and 
  4.31  retention of teachers in the shortage areas identified by the 
  4.32  commissioner of children, families, and learning.  The teacher 
  4.33  loan forgiveness program account is established in the state 
  4.34  treasury.  The account consists of money appropriated by the 
  4.35  legislature and repayments and penalties collected under 
  4.36  subdivision 6.  All money in this account is annually 
  5.1   appropriated to the commissioner of children, families, and 
  5.2   learning and must be used to repay loans of people enrolled in a 
  5.3   program of study designed to prepare them to teach in an 
  5.4   elementary or secondary school. 
  5.5      Subd. 2.  [COMMISSIONER.] The commissioner shall develop 
  5.6   procedures to implement the teacher loan forgiveness program.  
  5.7   The commissioner shall select the school districts that qualify 
  5.8   for loan repayment, develop and disseminate application 
  5.9   materials to sites, and carry out other activities necessary to 
  5.10  implement this section, including collaboration with the higher 
  5.11  education services office. 
  5.12     Subd. 3.  [QUALIFICATION.] A school district qualifies for 
  5.13  the teacher loan forgiveness program if the district is able to 
  5.14  demonstrate, at the discretion of the commissioner, difficulty 
  5.15  in hiring teachers in the shortage areas identified by the 
  5.16  commissioner of children, families, and learning. 
  5.17     Subd. 4.  [ELIGIBILITY.] A person's educational institution 
  5.18  loans may be forgiven for up to four years if they are employed 
  5.19  as a teacher, as defined in section 122A.40, in a school 
  5.20  district that qualifies for loan repayment as determined by the 
  5.21  commissioner.  Teachers who move from one eligible school 
  5.22  district to another remain eligible for the loan forgiveness 
  5.23  program. 
  5.24     Subd. 5.  [LOAN FORGIVENESS.] One-fourth of the principal 
  5.25  of the outstanding loan amount must be forgiven for each year of 
  5.26  eligible employment.  A pro rata amount must be forgiven for 
  5.27  eligible employment during part of a school year, part-time 
  5.28  employment as a substitute teacher, or other part-time teaching 
  5.29  in an eligible school district.  Loans for $2,500 or less may be 
  5.30  forgiven at the rate of up to $1,250 per year. 
  5.31     Subd. 6.  [PENALTY.] If a teacher does not fulfill the 
  5.32  length of service requirement in subdivision 4 for full 
  5.33  repayment of all qualified loans, then the teacher must repay 
  5.34  the amount paid under the loan forgiveness program.  The 
  5.35  commissioner may grant a waiver of all or part of the money owed 
  5.36  as a result of a penalty using criteria established by the 
  6.1   commissioner. 
  6.2      Sec. 9.  [122A.705] [MINNESOTA NEW TEACHER PROJECT.] 
  6.3      Subdivision 1.  [ESTABLISHMENT; PARTICIPATION.] The 
  6.4   Minnesota new teacher project is established in the department 
  6.5   of children, families, and learning in order to retain new 
  6.6   teachers in the profession and to provide models for supporting 
  6.7   the professional development of first-year and second-year 
  6.8   teachers.  In order for a school district to participate in the 
  6.9   new teacher project, a school board and an exclusive 
  6.10  representative of the teachers in the district must agree to 
  6.11  participate in the new teacher project and to the district plan 
  6.12  under subdivision 2. 
  6.13     Subd. 2.  [DISTRICT PLAN.] A district that participates in 
  6.14  the new teacher project must submit a plan for the project to 
  6.15  the commissioner for approval.  The new teacher project plan 
  6.16  must be consistent with the knowledge and skills required in the 
  6.17  teacher licensure rules adopted by the board of teaching and the 
  6.18  state graduation requirements, and include curricula of best 
  6.19  practice activities such as one-on-one mentoring, intensive 
  6.20  summer orientation, first-year and second-year training 
  6.21  workshops, peer review, mutual observation between new and 
  6.22  experienced teachers, classroom management techniques, cultural 
  6.23  diversity, reading strategies, lighter workloads, and first-year 
  6.24  residency.  The plan must include the participation of a teacher 
  6.25  preparation program approved by the board of teaching. 
  6.26     Subd. 3.  [STATE MATCH.] A district that has an approved 
  6.27  new teacher project plan must receive $....... of state money 
  6.28  for each new teacher participating in the project.  The district 
  6.29  must contribute $....... of district money for each new teacher 
  6.30  participating in the project. 
  6.31     Sec. 10.  [127A.25] [SURVEY OF DISTRICTS.] 
  6.32     The commissioner of children, families, and learning shall 
  6.33  survey the state's school districts and report to the education 
  6.34  committees of the legislature by January 15 of each odd-numbered 
  6.35  year on the status of the teacher shortage, including shortages 
  6.36  in subject areas and regions of the state.  The report must also 
  7.1   include how districts are making progress in hiring teachers in 
  7.2   the areas of shortage. 
  7.3      Sec. 11.  [PILOT PROGRAM TO IMPROVE TEACHER TRAINING.] 
  7.4      Subdivision 1.  [ESTABLISHMENT.] A pilot program is 
  7.5   established to allow Minnesota school districts, in 
  7.6   collaboration with public post-secondary institutions that offer 
  7.7   a board of teaching approved teacher training program, to offer 
  7.8   undergraduate and graduate teacher training opportunities.  The 
  7.9   program must provide teacher training opportunities that 
  7.10  effectively address the needs of different types of schools, 
  7.11  students, and teachers. 
  7.12     Subd. 2.  [ELIGIBILITY; PROGRAM USES; EMPLOYMENT 
  7.13  TERMS.] (a) An applicant under this pilot program must be a 
  7.14  school district.  The school district must collaborate with a 
  7.15  teacher preparation program approved by the board of teaching.  
  7.16  The program must be used to assist in improving teacher 
  7.17  preparation by placing teacher education students in preschool, 
  7.18  elementary, and secondary classrooms or other education settings.
  7.19     (b) Each school district participating in this program may 
  7.20  select the teacher training model that best promotes 
  7.21  understanding the needs of each educational system or 
  7.22  institution.  For example: 
  7.23     (1) a public school educator may teach courses that assist 
  7.24  in preparing future educators or take professional development 
  7.25  courses; or 
  7.26     (2) a post-secondary teacher may teach courses at the 
  7.27  school district or mentor student teachers. 
  7.28     Participation is not limited to one school or institution 
  7.29  and may involve other participants, including parent/community 
  7.30  groups, teacher organizations, and business groups.  Contracting 
  7.31  schools and institutions are encouraged to develop program 
  7.32  components that engage nontraditional teacher preparation 
  7.33  students. 
  7.34     (c) Temporary placements made under this program must not 
  7.35  have a negative effect on participants' salaries, seniority, or 
  7.36  other benefits.  Notwithstanding Minnesota Statutes, sections 
  8.1   122A.16 and 123B.02, subdivision 14, a member of the staff of a 
  8.2   post-secondary institution may teach in a preschool, elementary 
  8.3   school, secondary school, or other education settings, or 
  8.4   perform a service agreed upon under this section for which a 
  8.5   license would otherwise be required without holding the 
  8.6   applicable license.  In addition, a licensed educator employed 
  8.7   by a school district may teach or perform a service, agreed upon 
  8.8   under this section, at a post-secondary institution without 
  8.9   meeting the applicable qualifications of the post-secondary 
  8.10  institution.  A district is not subject to Minnesota Statutes, 
  8.11  section 127A.43, as a result of entering into an agreement 
  8.12  according to this section that enables a post-secondary educator 
  8.13  to teach or provide services in the district.  All arrangements 
  8.14  and details regarding an exchange must be mutually agreed to by 
  8.15  each participating school district and post-secondary 
  8.16  institution before implementing the exchange. 
  8.17     (d) An educator who held a temporary position or an 
  8.18  exchanged position under this section must be continued in or 
  8.19  restored to the position previously held, or to a position of 
  8.20  like seniority, status, and pay upon return.  Retirement 
  8.21  benefits under an employer-sponsored pension or retirement plan 
  8.22  must not be reduced because of time spent on an exchange or 
  8.23  temporary position under this section. 
  8.24     (e) An educator who is continued in or restored to a 
  8.25  position under paragraph (d): 
  8.26     (1) must be continued or restored without loss of 
  8.27  seniority; and 
  8.28     (2) may participate in insurance or other benefits offered 
  8.29  by the employer under its established rules and practices. 
  8.30     Subd. 3.  [APPLICATION PROCESS.] To participate in this 
  8.31  pilot program, a school district must submit an application to 
  8.32  the commissioner of children, families, and learning in the form 
  8.33  and manner established by the commissioner.  The application 
  8.34  must describe how the applicant will improve teacher education 
  8.35  by providing undergraduate or graduate teacher preparation 
  8.36  opportunities in order to effectively address the needs of 
  9.1   different types of schools, students, and teachers, and how the 
  9.2   applicant will use technology to implement the program.  The 
  9.3   commissioner may require additional information from an 
  9.4   applicant. 
  9.5      Subd. 4.  [PROGRAM PARTICIPANTS; MONETARY AWARDS.] (a) When 
  9.6   selecting program participants, the commissioner must determine: 
  9.7      (1) whether an applicant has met the requirements of this 
  9.8   section; 
  9.9      (2) whether the location of a program is particularly 
  9.10  suitable for realizing the purpose of this section; 
  9.11     (3) the number of teacher candidates, teachers, and 
  9.12  students who would participate in the program; 
  9.13     (4) the ability of the applicant to demonstrate the 
  9.14  positive effect of the program on students enrolled in a 
  9.15  participating school district by using standardized test scores, 
  9.16  the rate at which students pass the state's reading, math, and 
  9.17  writing basic skills test, or other valid and reliable 
  9.18  assessment measures; 
  9.19     (5) whether public post-secondary institutions with board 
  9.20  of teaching approved teacher training programs and other 
  9.21  organizations representing parents' business interests and 
  9.22  community interests are integral participants in the proposed 
  9.23  program; 
  9.24     (6) whether the program addresses the shortage of teachers 
  9.25  in subject areas identified by the commissioner of children, 
  9.26  families, and learning; and 
  9.27     (7) the ability of the applicant to provide information 
  9.28  about the program to interested school districts and 
  9.29  post-secondary institutions. 
  9.30     (b) The commissioner may select up to five applicants to 
  9.31  participate in this program for the 1999-2000 school year and 
  9.32  later.  Participants must be located throughout the state.  The 
  9.33  commissioner must provide one-time start-up costs of up to 
  9.34  $20,000 per participating site. 
  9.35     Subd. 5.  [POST-SECONDARY INSTITUTION 
  9.36  FUNDING.] Notwithstanding other law to the contrary, a 
 10.1   post-secondary institution participating in this pilot program 
 10.2   as a contracting party must provide the instructional costs of 
 10.3   teacher education students and may charge the students the costs 
 10.4   of tuition. 
 10.5      Subd. 6.  [EVALUATION.] The commissioner must contract with 
 10.6   an independent qualified expert to evaluate the impact of the 
 10.7   pilot program on teacher efficacy and student performance and 
 10.8   present a report to the commissioner and the education 
 10.9   committees of the legislature by February 15, 2005. 
 10.10     Sec. 12.  [REALLOCATION OF HIGHER EDUCATION RESOURCES.] 
 10.11     The Minnesota state colleges and universities and the 
 10.12  University of Minnesota are encouraged to set aside a portion of 
 10.13  their higher education teacher education resources for teacher 
 10.14  preparation programs that are committed to meeting the projected 
 10.15  teacher shortages in areas identified by the department of 
 10.16  children, families, and learning. 
 10.17     Sec. 13.  [BOARD OF TEACHING.] 
 10.18     The board of teaching must communicate with school 
 10.19  districts, including district human resources personnel, on the 
 10.20  procedures available to districts for expediting the hiring of 
 10.21  substitute teachers. 
 10.22     Sec. 14.  [MINNESOTA STATE COLLEGES AND UNIVERSITIES; 
 10.23  APPROPRIATION.] 
 10.24     $....... is appropriated in fiscal year 2000 from the 
 10.25  general fund to the Minnesota state colleges and universities 
 10.26  for an urban teacher preparation program at Metropolitan state 
 10.27  university.  The Minnesota state colleges and universities must 
 10.28  reallocate $....... and receive $....... in private 
 10.29  contributions.  This appropriation is available until June 30, 
 10.30  2001. 
 10.31     Sec. 15.  [APPROPRIATIONS.] 
 10.32     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 10.33  LEARNING.] The following sums are appropriated from the general 
 10.34  fund to the department of children, families, and learning in 
 10.35  the fiscal years indicated. 
 10.36     Subd. 2.  [TEACHER LOAN FORGIVENESS PROGRAM.] For the 
 11.1   teacher loan forgiveness program under section 122A.655: 
 11.2        $.....     .....     2000
 11.3        $.....     .....     2001
 11.4      Any balance in the first year does not cancel but is 
 11.5   available in the second year.  This appropriation is available 
 11.6   until June 30, 2001. 
 11.7      Subd. 3.  [PILOT PROGRAM FOR TRAINING TEACHERS.] For 
 11.8   providing program participants with start-up costs: 
 11.9        $.....     .....     2000
 11.10     This appropriation is available until June 30, 2001. 
 11.11     The commissioner shall consider a proposal from independent 
 11.12  school district No. 138, North Branch. 
 11.13     Subd. 4.  [CLEARINGHOUSE OF BEST EDUCATIONAL 
 11.14  PRACTICES.] For the clearinghouse of best educational practices 
 11.15  under Laws 1998, chapter 398, article 5, section 42: 
 11.16       $.....     .....     2000
 11.17       $.....     .....     2001
 11.18     Any balance in the first year does not cancel but is 
 11.19  available in the second year.  This appropriation is available 
 11.20  until June 30, 2001. 
 11.21     The following programs must be considered to receive grant 
 11.22  money from the clearinghouse of best educational practices to 
 11.23  further professional development opportunities for teachers; the 
 11.24  Richard Green Institute, Minnesota academic excellence 
 11.25  foundation, programs for technology training, programs training 
 11.26  teachers to teach reading; training for the use of appropriate 
 11.27  positive behavioral interventions; and school districts that 
 11.28  offer teacher's extended contracts for additional contact days 
 11.29  and staff development days. 
 11.30     Subd. 5.  [MINNESOTA NEW TEACHER PROJECT.] For the state 
 11.31  portion of the Minnesota new teacher project: 
 11.32       $.....     .....     2000
 11.33       $.....     .....     2001
 11.34     Any balance in the first year does not cancel but is 
 11.35  available in the second year. 
 11.36     Districts participating in the new teacher project may 
 12.1   consider programs offered by Hamline university, the Minnesota 
 12.2   academy of educators, and other first-year teacher induction 
 12.3   programs. 
 12.4      Subd. 6.  [TEACHERS OF COLOR PROGRAMS.] For teachers of 
 12.5   color programs providing alternative pathways to licensure: 
 12.6        $.....     .....     2000
 12.7        $.....     .....     2001
 12.8      Any balance in the first year does not cancel but is 
 12.9   available in the second year. 
 12.10     Of this amount, $....... is for the collaborative urban 
 12.11  educators program; $....... is for Concordia college; and 
 12.12  $....... is for the University of Minnesota's kindergarten 
 12.13  through grade 12 educational partnerships.