SF 2908

as introduced - 89th Legislature (2015 - 2016) Posted on 03/25/2016 09:23am

A bill for an act
relating to education; providing tax credits for teachers and provisions addressing
teacher shortages in the state; appropriating money; amending Minnesota
Statutes 2014, sections 120B.11, subdivision 5; 124D.09, subdivision 10; 290.06,
by adding a subdivision; Minnesota Statutes 2015 Supplement, sections 122A.60,
subdivision 1; 127A.05, subdivision 6; 136A.1791, subdivisions 1, 3; proposing
coding for new law in Minnesota Statutes, chapters 122A; 125A; 290.

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

ARTICLE 1

TEACHER SHORTAGE

Section 1.

Minnesota Statutes 2014, section 120B.11, subdivision 5, is amended to read:

Subd. 5.

Report.

new text begin (a) new text end Consistent with requirements for school performance reports
under section 120B.36, subdivision 1, new text begin and paragraph (b), new text end the school board shall publish
a report in the local newspaper with the largest circulation in the district, by mail, or
by electronic means on the district Web site. The school board shall hold an annual
public meeting to review, and revise where appropriate, student achievement goals,
local assessment outcomes, plans, strategies, and practices for improving curriculum
and instruction and cultural competency, and to review district success in realizing
the previously adopted student achievement goals and related benchmarks and the
improvement plans leading to the world's best workforce. The school board must transmit
an electronic summary of its report to the commissioner in the form and manner the
commissioner determines.

new text begin (b) Each school board must include in its annual report under paragraph (a) data on:
new text end

new text begin (1) the number of licensed teachers employed by the district who self-identify as
non-Caucasian and who are members of a population underrepresented among licensed
teachers in the district;
new text end

new text begin (2) the number of community experts providing instruction in the district during the
school year and the subject areas they teach;
new text end

new text begin (3) the school year testing schedule for the district showing grade levels and
assessments and the time allotted for each assessment; and
new text end

new text begin (4) the class sizes for the district's prekindergarten through grade 6 classrooms.
new text end

new text begin The format for reporting the data must comply with the model data-reporting format
developed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 2.

new text begin [122A.187] DISTRICT EMPLOYEE CAREER ADVANCEMENT
GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program establishment; requirements. new text end

new text begin (a) An annual grant
program is established to provide opportunities for district employees to attain:
new text end

new text begin (1) a teaching license;
new text end

new text begin (2) an additional subject area license in a field where the participating district is
experiencing a teacher shortage;
new text end

new text begin (3) a master's degree in a core academic subject area; or
new text end

new text begin (4) national board certification.
new text end

new text begin (b) Grants under this section are available to district employees who are:
new text end

new text begin (1) education or teaching assistants or other nonlicensed district employees
interested in becoming licensed classroom teachers;
new text end

new text begin (2) currently licensed classroom teachers interested in acquiring an additional
subject area license in a field in which the district is experiencing a teacher shortage under
section 127A.05, subdivision 6;
new text end

new text begin (3) interested in attaining a master's degree in a core academic subject area under
section 120B.021, subdivision 4; or
new text end

new text begin (4) interested in attaining National Board for Professional Teaching Standards
certification.
new text end

new text begin (c) All districts participating in this grant program must agree to support and monitor
the progress of each grant recipient and to provide recipients with student teaching
opportunities, teacher mentoring, or other professional development opportunities, as
appropriate. District employees receiving grant funding must agree to work in the district
providing the funding for at least three school years after they receive their license, degree,
or certification. The agreement must establish consequences for grant recipients who fail
to complete the requisite three school years of work in the district but must not penalize a
grant recipient who is prevented by a district action from completing the requisite work.
new text end

new text begin Subd. 2. new text end

new text begin Program funding. new text end

new text begin (a) The commissioner shall make grants with
appropriations for this purpose to interested school districts on a first-come, first-served
basis until funds are expended. Interested districts receiving funding must use the funding
to help eligible individuals under subdivision 1 offset their education costs, including
tuition, textbooks, and other instructional materials; pursue national board certification; or
for compensation to allow these individuals to complete their student teaching requirement.
The grant amount, excluding compensation, must not exceed the grant recipient's actual
program or course costs in a school term or year minus any federal Pell grant or state grant
or any national scholarship the grant recipient is eligible to receive. Districts must award
grants annually on a first-come, first-served basis to the extent funding is available.
new text end

new text begin (b) To receive grant funding, eligible individuals must: enroll and make satisfactory
progress in a teacher preparation or other academic program offered by the local or
regional postsecondary institution or program, or be formally accepted and registered as a
candidate for national board certification; and, if pursuing a license or degree, annually
complete an application for federal student aid.
new text end

new text begin (c) A district must recognize all credits, certificates, and endorsements earned under
this program when determining a teacher's placement on the district's salary schedule.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning in fiscal year 2017.
new text end

Sec. 3.

Minnesota Statutes 2015 Supplement, section 122A.60, subdivision 1, is
amended to read:

Subdivision 1.

Staff development committee.

(a) A school board must use the
revenue authorized in section 122A.61 for:

(1) teacher development and evaluation plans under section 122A.40, subdivision 8,
or 122A.41, subdivision 5 new text begin , and allowing a teacher and the teacher's mentor or peer coach,
at their request, to use professional development revenue for implementing the teacher's
individual growth plan or recommendations resulting from the peer review process new text end ;

(2) principal development and evaluation under section 123B.147, subdivision 3;

(3) in-service education programs under section 120B.22, subdivision 2; and

(4) other staff development needs.

(b) The board must establish an advisory staff development committee to develop
the plan, assist site professional development teams in developing a site plan consistent
with the goals of the plan, and evaluate staff development efforts at the site level. A
majority of the advisory committee and the site professional development team must be
teachers representing various grade levels, subject areas, and special education. The
advisory committee must also include nonteaching staff, parents, and administrators.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2016-2017 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 124D.09, subdivision 10, is amended to read:

Subd. 10.

Courses according to agreements.

new text begin (a) new text end An eligible pupil, according
to subdivision 5, may enroll in a nonsectarian course taught by a secondary teacher or
a postsecondary faculty member and offered at a secondary school, or another location,
according to an agreement between a public school board and the governing body of an
eligible public postsecondary system or an eligible private postsecondary institution,
as defined in subdivision 3. All provisions of this section shall apply to a pupil, public
school board, district, and the governing body of a postsecondary institution, except as
otherwise provided.

new text begin (b) To encourage American Indian students under section 124D.72 and other
students to consider teaching as a profession, participating public school boards and
the governing boards of eligible public postsecondary systems and eligible private
postsecondary institutions may develop and offer an "introduction to teaching" course
under this subdivision.
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. 5.

new text begin [125A.035] CASELOAD MAXIMUMS FOR SPECIAL EDUCATION
PROFESSIONALS.
new text end

new text begin Subdivision 1. new text end

new text begin Negotiated caseload maximums. new text end

new text begin Teacher collective bargaining
agreements under chapter 179A must establish caseload maximums for special education
teachers and other service providers, or must indicate the parties to the agreement agreed
not to include caseload maximums in their agreement. If the parties cannot agree on
caseload maximums or the current collective bargaining agreement does not contain
caseload maximums for all special education professionals, the caseload maximums
established in this section apply and must be included in the parties' agreement.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Caseload maximums apply to all licensed special education
professionals who provide services or instruction to students with specific disabling
conditions, including classroom teachers, speech and language pathologists, physical
therapists, school nurses, school counselors, school social workers, school psychologists,
teachers of developmental and adaptive physical education, teachers of the visually
impaired, teachers of students with hearing disabilities, physical therapists, audiologists,
itinerant teachers, and work experience coordinators.
new text end

new text begin Subd. 3. new text end

new text begin Caseload maximum for special education professionals. new text end

new text begin (a) The
caseload maximum for all special education professionals is 75 units, based on the total
number of students in a school year for whom that professional provides the following
services or due process procedures:
new text end

new text begin (1) direct special education services in a particular skill or subject area that relate to
instruction, including cooperative teaching;
new text end

new text begin (2) indirect special education services including:
new text end

new text begin (i) ongoing progress reviews;
new text end

new text begin (ii) cooperative planning;
new text end

new text begin (iii) consultation;
new text end

new text begin (iv) demonstration teaching;
new text end

new text begin (v) modification and adaptation of the environment, curriculum, materials, or
equipment;
new text end

new text begin (vi) direct contact with children with disabilities to monitor and observe; or
new text end

new text begin (vii) participation on a student's individualized education program team for purposes
other than case management;
new text end

new text begin (3) service as a student's individualized education program case manager; and
new text end

new text begin (4) evaluating or reevaluating a student.
new text end

new text begin (b) Responsibility for each due process procedure provided to meet an eligible
student's level of need must be weighted as follows:
new text end

new text begin (1) students who receive special education services for up to 60 percent of their
instructional day, corresponding to federal settings 1 and 2, count as one caseload unit for
each service;
new text end

new text begin (2) students who receive special education services for more than 60 percent of
their instructional day, corresponding to federal setting 3, count as two caseload units for
each service;
new text end

new text begin (3) students who receive special education services for more than 60 percent of their
instructional day, corresponding to federal setting 4, count as three caseload units for
each service;
new text end

new text begin (4) professionals providing more than one direct service to the same student can
count each service separately when counting caseload units; and
new text end

new text begin (5) professionals such as school nurses, school counselors, and school social workers
can count the significant responsibilities they have for serving nondisabled students when
calculating caseload maximums.
new text end

new text begin Subd. 4. new text end

new text begin Professionals employed less than full time. new text end

new text begin The caseload maximum
for a special education professional employed less than full time must be adjusted
proportionally to that professional's full-time equivalency.
new text end

new text begin Subd. 5. new text end

new text begin When caseload maximums are exceeded. new text end

new text begin Unless otherwise provided in
the collective bargaining agreement, if a special education professional's caseload exceeds
75 units in a school year, the employer must compensate the teacher at a rate of 1/75th
of the professional's annual salary for every unit by which the maximum is exceeded.
Caseload maximums and additional compensation requirements are enforceable through
the grievance procedure contained in the collective bargaining agreement.
new text end

new text begin Subd. 6. new text end

new text begin Scoring rubric. new text end

new text begin The commissioner, in consultation with representatives
of licensed special education professionals and local school board members, must adopt
and maintain on the department Web site a scoring rubric consistent with this section
that allows special education professionals to determine their caseload unit score at the
beginning of each school year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning July 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2015 Supplement, section 127A.05, subdivision 6, is
amended to read:

Subd. 6.

Survey of districts.

The commissioner of education shall survey the state's
school districts and teacher preparation programs and report to the education committees
of the legislature by February 1 of each odd-numbered year on the status of teacher early
retirement patterns, the teacher shortage deleted text begin , deleted text end and the substitute teacher shortage deleted text begin , including
patterns and shortages in deleted text end new text begin by new text end subject areas and new text begin the economic development new text end regions of the
state new text begin , and the number of licensed teachers who self-identify as people of color and are
members of a population underrepresented among licensed teachers in each district new text end . The
report must also include new text begin : aggregate data on teachers' self-reported race and ethnicity; data
on new text end how districts are making progress in hiring teachers and substitutes in the areas of
shortage new text begin ; new text end and a five-year projection of teacher demand for each district.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 1,
is amended to read:

Subdivision 1.

Definitions.

(a) The terms used in this section have the meanings
given them in this subdivision.

(b) "Qualified educational loan" means a government, commercial, or foundation
loan for actual costs paid for tuition and reasonable educational and living expenses
related to a teacher's preparation or further education.

(c) "School district" means an independent school district, special school district,
intermediate district, education district, special education cooperative, service cooperative,
a cooperative center for vocational education, or a charter school located in Minnesota.

(d) "Teacher" means an individual holding a teaching license issued by the licensing
division in the Department of Education on behalf of the Board of Teaching who is
employed by a school district to provide classroom instruction in a teacher shortage area.

(e) "Teacher shortage area" means the licensure fields and economic development
regions reported by the commissioner of education as experiencing a teacher shortage new text begin or
the school districts where minority populations are underrepresented among licensed
teachers, consistent with section 127A.05, subdivision 6, and applicable federal law new text end .

(f) "Commissioner" means the commissioner of the Office of Higher Education
unless indicated otherwise.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2015 Supplement, section 136A.1791, subdivision 3,
is amended to read:

Subd. 3.

Use of report on teacher shortage areas.

The commissioner of education
shall use the teacher supply and demand report to the legislature to identify the licensure
fields and economic development regions in Minnesota experiencing a teacher shortage
new text begin and the school districts where minority populations are underrepresented among licensed
teachers, consistent with section 127A.05, subdivision 6, and applicable federal law 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. 9. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Encouraging American Indian students to become teachers. new text end

new text begin (a)
$....... in fiscal year 2017 is appropriated from the general fund to the commissioner of
education to encourage American Indian students and other students to consider teaching
as a profession and take an "introduction to teaching" course under Minnesota Statutes,
section 124D.09, subdivision 10, paragraph (b).
new text end

new text begin (b) The base for this program in fiscal year 2018 and later is $........
new text end

new text begin Subd. 2. new text end

new text begin Grants to advance district employees' careers. new text end

new text begin (a) $....... in fiscal
year 2017 is appropriated from the general fund to the commissioner of education for
individuals to attain a teaching license, a master's degree in a core academic subject area,
or National Board for Professional Teaching Standards certification under Minnesota
Statutes, section 122A.187.
new text end

new text begin (b) The base for this program in fiscal year 2018 and later is $........
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

ARTICLE 2

TEACHER TAX CREDITS

Section 1.

Minnesota Statutes 2014, section 290.06, is amended by adding a
subdivision to read:

new text begin Subd. 37. new text end

new text begin Credit for teacher expenses. new text end

new text begin (a) A credit is allowed against the tax
imposed under this chapter equal to 50 percent of the amount that the taxpayer is allowed
to deduct under section 62(a)(2)(D) of the Internal Revenue Code for the taxable year.
new text end

new text begin (b) If the credit allowed under this subdivision exceeds the liability for tax under this
chapter, the commissioner shall pay the excess as a refund to the taxpayer.
new text end

new text begin (c) An amount sufficient to pay the refunds required by this subdivision is
appropriated from the general fund to the commissioner of revenue.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015, and the Internal Revenue Code, as amended through December
31, 2015, applies.
new text end

Sec. 2.

new text begin [290.0682] CREDIT FOR KINDERGARTEN THROUGH GRADE 12
TEACHER LICENSURE AND PROFESSIONAL DEVELOPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Core content area" means the academic subject of reading, English or language
arts, mathematics, science, foreign languages, civics and government, economics, arts,
history, or geography.
new text end

new text begin (c) "Master's degree program" means a graduate level program at an accredited
university leading to a master of arts or science degree in a core content area directly
related to a qualified teacher's licensure field. To be eligible under this credit, a licensed
elementary school teacher must pursue a master's degree program in a core content area in
which the teacher provides direct classroom instruction.
new text end

new text begin (d) "Qualified education professional" means an individual employed by a Minnesota
public school that serves any of grades kindergarten through grade 12 as a licensed
teacher, paraprofessional, or other nonlicensed employee.
new text end

new text begin (e) "Qualified education program" means:
new text end

new text begin (1) for a qualified education professional who is not a licensed teacher, a Board of
Teaching-approved teacher preparation program; or
new text end

new text begin (2) for a qualified education professional who is a licensed teacher, any of the
following:
new text end

new text begin (i) a master's degree program;
new text end

new text begin (ii) a Board of Teaching-approved program to become licensed in a licensure field
reported by the commissioner of education under section 136A.1791 as experiencing a
teacher shortage for the school year in which the tuition and fees were paid; or
new text end

new text begin (iii) coursework necessary to obtain national board certification.
new text end

new text begin Subd. 2. new text end

new text begin Credit allowed. new text end

new text begin A qualified education professional is allowed a credit
against the tax imposed under this chapter. The credit equals 75 percent of tuition and
fees paid during the taxable year, up to a maximum credit of $3,000. To qualify, tuition
and fees must be paid for a qualified education program.
new text end

new text begin Subd. 3. new text end

new text begin Credit refundable. new text end

new text begin (a) If the amount of the credit for which an individual
is eligible exceeds the individual's liability for tax under this chapter, the commissioner
shall refund the excess to the individual.
new text end

new text begin (b) The amount necessary to pay the refunds required by this section is appropriated
to the commissioner from the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end

Sec. 3.

new text begin [290.0683] STUDENT LOAN CREDIT FOR TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them unless the context clearly indicates otherwise.
new text end

new text begin (b) "Income-driven repayment plan" means a payment plan established by the
United States Department of Education that sets monthly student loan payments based
on income and family size under United States Code, title 20, section 1087e, or similar
authority and specifically includes, but is not limited to:
new text end

new text begin (1) the income-based repayment plan under United State Code, title 20, section 1098e;
new text end

new text begin (2) the income contingent repayment plan established under United State Code,
title 20, section 1087e, subsection (e); and
new text end

new text begin (3) the PAYE program or REPAYE program established by the United States
Department of Education under administrative regulations.
new text end

new text begin (c) "Qualified loan payment" means the payment of principal and interest on a
student loan made by a teacher during the taxable year if the payments are made under an
income-driven repayment plan.
new text end

new text begin (d) "Teacher" means a licensed teacher employed for all or part of the taxable year
by a public school located in this state.
new text end

new text begin Subd. 2. new text end

new text begin Credit allowed. new text end

new text begin A teacher is allowed a credit against the tax imposed by
this chapter equal to 50 percent of the lesser of:
new text end

new text begin (1) the qualified loan payments made by the teacher during the taxable year; or
new text end

new text begin (2) the amount of wages, as defined in section 290.92, paid by a public school
located in this state to the teacher for the taxable year.
new text end

new text begin Subd. 3. new text end

new text begin Credit refundable. new text end

new text begin (a) If the credit allowed under this section exceeds
the liability for tax under this chapter, the commissioner shall pay the excess as a refund
to the teacher.
new text end

new text begin (b) An amount sufficient to pay the refunds required by this section is appropriated
from the general fund to the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2015.
new text end