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Minnesota Legislature

Office of the Revisor of Statutes

SF 4

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 04/21/2017 09:15am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to education; establishing the Professional Educator Licensing and
Standards Board; transferring all teacher licensing and support personnel licensing
and credentialing authority to the Professional Educator Licensing and Standards
Board; requiring a report;amending Minnesota Statutes 2016, sections 120B.363,
subdivision 1; 122A.06, subdivisions 2, 3; 122A.07; 122A.08; 122A.09,
subdivisions 1, 2, 3, 4, 4a, 6, 7, 9, 10; 122A.17; 122A.18, subdivisions 1, 2, 2b, 3,
3a, 7a, 7c, 8; 122A.19; 122A.20, subdivisions 1, 2; 122A.21, subdivision 2;
122A.22; 122A.23, subdivision 3; 122A.26, subdivision 2; 122A.28; 122A.29;
122A.30; 124D.13, subdivision 11; 124D.454, subdivision 12; 124D.75,
subdivisions 1, 6; 125A.67, subdivision 2; 127A.05, subdivision 6; 136A.1791,
subdivision 1; 214.04, subdivisions 1, 3; 214.045; proposing coding for new law
in Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2016, sections
122A.162; 122A.163; 122A.18, subdivisions 4, 4a, 7; 122A.23, subdivisions 1, 2;
122A.245; 122A.25.

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

ARTICLE 1

PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD

Section 1.

Minnesota Statutes 2016, section 122A.06, subdivision 2, is amended to read:


Subd. 2.

Teacher.

"Teacher" means a classroom teacher or other similar professional
employee required to hold a license from the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2016, section 122A.06, subdivision 3, is amended to read:


Subd. 3.

Board.

"Board" means the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2016, section 122A.07, is amended to read:


122A.07 deleted text beginBOARD OF TEACHINGdeleted text endnew text begin PROFESSIONAL EDUCATOR LICENSING
AND STANDARDS BOARD
new text end MEMBERSHIP.

Subdivision 1.

Appointment of members.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end consists of deleted text begin11deleted text end new text beginnine new text endmembers appointed by the governor, with
the advice and consent of the senate. Membership terms, compensation of members, 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.

Subd. 2.

Eligibility; board composition.

deleted text beginExcept for the representatives of higher
education and the public, to be eligible for appointment to the Board of Teaching a person
must be a teacher currently teaching in a Minnesota school and fully licensed for the position
held and have at least five years teaching experience in Minnesota, including the two years
immediately preceding nomination and appointment.
deleted text end Each nominee, 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 end new text beginfive new text endteachers who are currently teaching in a Minnesota school or who were
teaching at the time of the appointment deleted text beginand who do not qualify under clause (2) or (3), at
least four of whom must be teaching in a public school
deleted text endnew text begin, at least one of whom must be a
teacher in a charter school, one of whom must be from a related service category licensed
by the board, and one of whom must be licensed in either a geographic or license shortage
area, and none of whom may be serving in an administrative function at a school district or
school as of the effective date of this section
new text end;

(2) deleted text beginone higher education representative, who must be a faculty member preparing teachersdeleted text endnew text begin
one superintendent
new text end;

(3) one school deleted text beginadministratordeleted text endnew text begin district human resources directornew text end; deleted text beginand
deleted text end

(4) deleted text beginthree members of the public, two of whom must be present or former members of
school boards
deleted text endnew text begin one elementary or secondary school principal; and
new text end

new text begin (5) one member of the public that may be a current or former school board membernew text end.

new text begin Subd. 2a. new text end

new text begin First appointments. new text end

new text begin (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:
new text end

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

new text begin (2) two members must be appointed for terms that expire January 1, 2020;
new text end

new text begin (3) two members must be appointed for terms that expire January 1, 2021; and
new text end

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

new text begin (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 the effective date of this section.
new text end

Subd. 3.

Vacant position.

With the exception of a teacher who retires from teaching
during the course of completing a board term, the position of a member who leaves Minnesota
or whose employment status changes to a category different from that from which appointed
is deemed vacant.

Subd. 4.

deleted text beginAdministration,deleted text end Terms, compensation; removal; vacancies.

The deleted text beginprovision
of staff, administrative services and office space; the
deleted text end review and processing of complaints;
the setting of fees; the selection and duties of an executive deleted text beginsecretarydeleted text end new text begindirector new text endto serve the
board; and other provisions relating to board operations new text beginnot provided in this chapter new text endare as
provided in chapter 214. Membership terms, new text beginexcept as provided in subdivision 2a,new text end
compensation of members, 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 Subd. 4a. new text end

new text begin Administration. new text end

new text begin (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.
new text end

new text begin (b) The commissioner of administration must provide the board with administrative
support services, according to section 16B.371.
new text end

new text begin (c) The commissioner of education must provide suitable offices and other space to the
board at no cost until January 1, 2020. Thereafter, the board may contract with either the
commissioner of education or the commissioner of administration for the provision of
suitable offices and other space, joint conference and hearing facilities, and examination
rooms.
new text end

Subd. 5.

District reimbursement for costs of substitute teachers.

The new text beginProfessional
Educator Licensing and Standards
new text endBoard may 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2016, section 122A.08, is amended to read:


122A.08 MEETINGS.

Subdivision 1.

Meetings.

The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end must meet regularly at the times and places as the board determines. Meetings
must be called by the chair or at the written request of any eight members.

Subd. 2.

Executive deleted text beginsecretarydeleted text endnew text begin directornew text end.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end must have an executive deleted text beginsecretarydeleted text end new text begindirector new text endwho is in the
unclassified civil service and who is not a member of the board.new text begin The executive director must
fulfill the duties provided in section 122A.09, subdivision 6. The board must review the
performance of the executive director and set the salary of the executive director, not to
exceed the limit for a position listed in section 15A.0815, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2016, section 122A.09, subdivision 1, is amended to read:


Subdivision 1.

Code of ethics.

The new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end must develop by rule a code of ethics covering standards of professional
teaching practices, including areas of ethical conduct and professional performance and
methods of enforcement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 6.

Minnesota Statutes 2016, section 122A.09, subdivision 2, is amended to read:


Subd. 2.

Advise members of profession.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 7.

Minnesota Statutes 2016, section 122A.09, subdivision 3, is amended to read:


Subd. 3.

Election of chair and officers.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard shall elect a chair and such other officers as it may deem necessary.

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2016, section 122A.09, subdivision 4, is amended to read:


Subd. 4.

deleted text beginLicense and rulesdeleted text endnew text begin Licensingnew text end.

(a) The new text beginProfessional Educator Licensing and
Standards
new text endBoard must deleted text beginadopt rules to license public school teachers and interns subject to
chapter 14
deleted text endnew text begin 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 candidates for teacher
licensure. The board must evaluate candidates for compliance with statutory or rule
requirements for licensure and develop licensure verification requirements
new text end.

(b) The board must deleted text beginrequire all candidates for teacher licensure to demonstratedeleted text end new text beginadopt
rules that establish
new text enda passing score on a board-adopted skills examination in reading, writing,
and mathematics, deleted text beginasdeleted text end new text beginfor new text enda deleted text beginrequirement for an initial professional five-yeardeleted text end new text beginTier, 2, 3, or 4
new text end teaching licensedeleted text begin, except that the board may issue up to four initial professional one-year
teaching licenses to an otherwise qualified candidate who has not yet passed the
board-adopted skills exam
deleted text end. The board must require colleges and universities offering a
board-approved teacher preparation program to provide remedial assistance to persons who
did not achieve a qualifying score on the board-adopted skills examination, including those
for whom English is a second language. 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. The Board of Teaching and
the entity administering the content, pedagogy, and skills examinations must allow any
individual who produces documentation of a disability in the form of an evaluation, 504
plan, or individual education program (IEP) to receive the same testing accommodations
on the content, pedagogy, and skills examinations that the applicant received during their
secondary or postsecondary education.

(c) The board must adopt rules to approve teacher preparation programsnew text begin, including
alternative teacher preparation programs under section 122A.245 and Montessori teacher
training programs
new text end. The board, upon the request of a postsecondary student preparing for
teacher licensure or a licensed graduate of a teacher preparation program, shall assist in
resolving a dispute between the person and a postsecondary institution providing a teacher
preparation program when the dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the board's discretion, assistance may
include the application of chapter 14.

(d) The board must provide the leadership and adopt rules for the redesign of teacher
education programs to implement a research based, results-oriented curriculum that focuses
on the skills teachers need in order to be effective. Among other components, teacher
preparation programs may use the Minnesota State Colleges and Universities program model
to provide a school-year-long student teaching program that combines clinical opportunities
with academic coursework and in-depth student teaching experiences to offer students
ongoing mentorship, coaching, and assessment, help to prepare a professional development
plan, and structured learning experiences. The board shall implement new systems of teacher
preparation program evaluation to assure program effectiveness based on proficiency of
graduates in demonstrating attainment of program outcomes. Teacher preparation programs
including alternative teacher preparation programs under section 122A.245, among other
programs, must include a content-specific, board-approved, performance-based assessment
that measures teacher candidates in three areas: planning for instruction and assessment;
engaging students and supporting learning; and assessing student learning. The board's
redesign rules must include creating flexible, specialized teaching licenses, credentials, and
other endorsement forms to increase students' participation in language immersion programs,
world language instruction, career development opportunities, work-based learning, early
college courses and careers, career and technical programs, Montessori schools, and project
and place-based learning, among other career and college ready learning offerings.

(e) The board must adopt rules deleted text beginrequiring candidates for professional five-year teaching
licenses to pass
deleted text end new text beginthat establish a passing score for candidates on new text endan examination of general
pedagogical knowledge and examinations of licensure-specific teaching skillsnew text begin for a Tier 2,
3, or 4 teaching license
new text end. deleted text beginThe rules shall be effective by September 1, 2001.deleted text end The rules under
this paragraph also must require candidates for initial licenses to teach prekindergarten or
elementary students to pass, as part of the examination of licensure-specific teaching skills,
test items assessing the candidates' knowledge, skill, and ability in comprehensive,
scientifically based reading instruction under section 122A.06, subdivision 4, and their
knowledge and understanding of the foundations of reading development, the development
of reading comprehension, and reading assessment and instruction, and their ability to
integrate that knowledge and understanding.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) deleted text beginThe board must grant licenses to interns and to candidates for professional five-year
teaching licenses based on appropriate professional competencies that are
deleted text enddeleted text beginaligned with the
board's licensing system and students' diverse learning needs.
deleted text end All deleted text beginteacherdeleted text end new text beginTier 3 and 4
new text end candidates new text beginwho are renewing their teaching licenses new text endmust have deleted text beginpreparationdeleted text end new text beginexperience new text endin
English language development and content instruction for English learners in order to be
able to effectively instruct the English learners in their classrooms. deleted text beginThe board must include
these licenses in a statewide differentiated licensing system that creates new leadership roles
for successful experienced teachers premised on a collaborative professional culture dedicated
to meeting students' diverse learning needs in the 21st century, recognizes the importance
of cultural and linguistic competencies, including the ability to teach and communicate in
culturally competent and aware ways, and formalizes mentoring and induction for newly
licensed teachers provided through a teacher support framework.
deleted text end

(h) The board must design and implement an assessment system which requires a
candidate for an initial license deleted text beginand first continuing licensedeleted text end to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established by
the board for the renewal of teaching licenses. The board must require a licensed teacher
who is renewing a deleted text beginprofessional five-yeardeleted text end new text beginTier 3 or 4 new text endteaching license to include in the renewal
requirements further preparation in English language development and specially designed
content instruction in English for English learners.

(j) deleted text beginThe board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.
deleted text end

deleted text begin (k)deleted text end The board must adopt rules that require all licensed teachers who are renewing their
deleted text begin professional five-yeardeleted text end new text beginTier 3 or 4 new text endteaching licenses to include in their renewal requirements
further preparation in the areas of using positive behavior interventions and in
accommodating, modifying, and adapting curricula, materials, and strategies to appropriately
meet the needs of individual students and ensure adequate progress toward the state's
graduation rule.

deleted text begin (l)deleted text end new text begin(k) new text endIn adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

deleted text begin (m)deleted text end new text begin(l) new text endThe board must adopt rules that require all licensed teachers who are renewing
their deleted text beginprofessional five-yeardeleted text end new text beginTier 3 or 4 new text endteaching licenses to include in their renewal
requirements further reading preparation, consistent with section 122A.06, subdivision 4.
deleted text begin The rules do not take effect until they are approved by law.deleted text end Teachers who do not provide
direct instruction including, at least, counselors, school psychologists, school nurses, school
social workers, audiovisual directors and coordinators, and recreation personnel are exempt
from this section.

deleted text begin (n)deleted text end new text begin(m) new text endThe board must adopt rules that require all licensed teachers who are renewing
their deleted text beginprofessional five-yeardeleted text end new text beginTier 3 or 4 new text endteaching licenses to include in their renewal
requirements at least one hour of suicide prevention best practices in each licensure renewal
period that are based on nationally recognized evidence-based programs and practices,
among the continuing education credits required to renew a license under this paragraph,
and further preparation, first, in understanding the key warning signs of early-onset mental
illness in children and adolescents and then, during subsequent licensure renewal periods,
preparation may include providing a more in-depth understanding of students' mental illness
trauma, accommodations for students' mental illness, parents' role in addressing students'
mental illness, Fetal Alcohol Spectrum Disorders, autism, the requirements of section
125A.0942 governing restrictive procedures, and de-escalation methods, among other similar
topics.

deleted text begin (o) The board must adopt rules by January 1, 2016, to license applicants under sections
122A.23 and 122A.245. The rules must permit applicants to demonstrate their qualifications
through the board's recognition of a teaching license from another state in a similar content
field, completion of a state-approved teacher preparation program, teaching experience as
the teacher of record in a similar licensure field, depth of content knowledge, depth of
content methods or general pedagogy, subject-specific professional development and
contribution to the field, or classroom performance as determined by documented student
growth on normed assessments or documented effectiveness on evaluations. The rules must
adopt criteria for determining a "similar content field" and "similar licensure area."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 122A.09, subdivision 4a, is amended to read:


Subd. 4a.

Teacher and administrator preparation and performance data; report.

(a) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end and the Board
of School Administrators, in cooperation with the Minnesota Association of Colleges of
Teacher Education and Minnesota colleges and universities offering board-adopted 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 new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end and
the Board of School Administrators annually by June 1 must update and post the reported
summary preparation and performance data on teachers and administrators from the preceding
school years on a Web site hosted jointly by the boards.

(b) Publicly reported summary data on teacher preparation programs must include:
student entrance requirements for each new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teaching-approveddeleted text end new text beginapproved new text endprogram, including grade point average for enrolling
students in the preceding year; the average board-adopted skills examination or ACT or
SAT scores of students entering the program in the preceding year; summary data on faculty
qualifications, including at least the content areas of faculty undergraduate and graduate
degrees and their years of experience either as kindergarten through grade 12 classroom
teachers or school administrators; the average time resident and nonresident program
graduates in the preceding year needed to complete the program; the current number and
percent of students by program who graduated, received a standard Minnesota teaching
license, and were hired to teach full time in their licensure field in a Minnesota district or
school in the preceding yearnew text begin, disaggregated by race, except when disaggregation would not
yield statistically reliable results or would reveal personally identifiable information about
an individual
new text end; the number of content area credits and other credits by undergraduate program
that students in the preceding school year needed to complete to graduate; students' pass
rates on skills and subject matter exams required for graduation in each program and licensure
area in the preceding school year; survey results measuring student and graduate satisfaction
with the program in the preceding school yearnew text begin, disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual
new text end; a standard measure of the satisfaction of school
principals or supervising teachers with the student teachers assigned to a school or supervising
teacher; and information under paragraphs (d) and (e). Program reporting must be consistent
with subdivision 11.

(c) Publicly reported summary data on administrator preparation programs approved by
the Board of School Administrators must include: summary data on faculty qualifications,
including at least the content areas of faculty undergraduate and graduate degrees and their
years of experience either as kindergarten through grade 12 classroom teachers or school
administrators; the average time program graduates in the preceding year needed to complete
the program; the current number and percent 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 yearnew text begin, disaggregated by race, except when
disaggregation would not yield statistically reliable results or would reveal personally
identifiable information about an individual
new text end; the number of credits by graduate program
that students in the preceding school year needed to complete to graduate; survey results
measuring student, graduate, and employer satisfaction with the program in the preceding
school yearnew text begin, disaggregated by race, except when disaggregation would not yield statistically
reliable results or would reveal personally identifiable information about an individual
new text end; and
information under paragraphs (f) and (g). Program reporting must be consistent with section
122A.14, subdivision 10.

(d) School districts annually by October 1 must report to the new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end 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: the
effectiveness category or rating of the teacher on the summative evaluation under section
122A.40, subdivision 8, or 122A.41, subdivision 5; the licensure area in which the teacher
primarily taught during the three-year evaluation cycle; and the teacher preparation program
preparing the teacher in the teacher's primary areas of instruction and licensure.

(e) School districts annually by October 1 must report to the new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end 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: the licensure areas
in which the probationary teacher taught; and the teacher preparation program preparing
the teacher in the teacher's primary areas of instruction and licensure.

(f) 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: the
effectiveness category or rating of the principal or assistant principal on the summative
evaluation under section 123B.147, subdivision 3; and the principal preparation program
providing instruction to the principal or assistant principal.

(g) 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

Minnesota Statutes 2016, section 122A.09, subdivision 6, is amended to read:


Subd. 6.

Register of persons licensed.

The executive deleted text beginsecretarydeleted text end new text begindirector new text endof the
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teaching shalldeleted text endnew text begin mustnew text end 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, address, license number and the renewal of the
license. The board must on July 1, of each year or as soon thereafter as is practicable, compile
a list of such duly licensed teachers deleted text beginand transmit a copy of the list to the boarddeleted text end. A copy of
the register must be available during business hours at the office of the board to any interested
person.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2016, section 122A.09, subdivision 7, is amended to read:


Subd. 7.

deleted text beginCommissioner's assistance;deleted text endnew text begin Professional Educator Licensing and Standards new text end
Board money.

deleted text beginThe commissioner shall provide all necessary materials and assistance for
the transaction of the business of the Board of Teaching and
deleted text end All moneys received by the
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end shall be paid into the
state treasury as provided by law. The expenses of administering sections 122A.01, 122A.05
to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18,new text begin 122A.181, 122A.187, 122A.188,new text end
122A.20, 122A.21, 122A.22, 122A.23, new text begin122A.245, new text end122A.26, 122A.30, 122A.40, 122A.41,
122A.42, 122A.45, 122A.49, 122A.54, 122A.55, 122A.56, 122A.57, and 122A.58 which
are incurred by the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end shall
be paid for from appropriations made to the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted 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. 12.

Minnesota Statutes 2016, section 122A.09, subdivision 9, is amended to read:


Subd. 9.

new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginmaydeleted text endnew text begin mustnew text end adopt
rules.

new text begin(a) new text endThe new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teaching maydeleted text endnew text begin mustnew text end
adopt rules subject to the provisions of chapter 14 to implement sections 122A.05 to 122A.09,
122A.16, 122A.17, 122A.18, new text begin122A.187, 122A.188, new text end122A.20, 122A.21, and 122A.23.

new text begin (b) 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 13.

Minnesota Statutes 2016, section 122A.09, subdivision 10, is amended to read:


Subd. 10.

Permissions.

(a) Notwithstanding subdivision 9 and sections 14.055 and
14.056, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end 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 new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end 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 new text beginProfessional Educator Licensing
and Standards
new text endBoard deleted text beginof Teachingdeleted text end for a primary employer's low-incidence region is valid
in all low-incidence regions.

(d) deleted text beginThe Board of Teaching may issue a one-year professional license under paragraph
(a), which the board may renew two times, to allow a person holding a full credential from
the American Montessori Society, a diploma from Association Montessori Internationale,
or a certificate of completion from a program accredited by the Montessori Accreditation
Council for Teacher Education to teach in a Montessori program operated by a school district
or charter school.
deleted text end

deleted text begin (e) The Board of Teaching may grant a one-year waiver, renewable two times, to allow
individuals who hold a bachelor's degree from an accredited postsecondary institution,
demonstrate occupational competency based on at least three years of full-time work
experience in business or industry, and enroll and make satisfactory progress in an alternative
preparation program leading to certification as a career and technical education instructor
to teach career and technical education courses offered by a school district or charter school.
deleted text end
new text begin A candidate that has obtained career and technical education certification may apply for a
Tier 1 license under section 122A.181.
new text endConsistent with this paragraph and section 136F.361,
the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must strongly
encouragenew text begin approved college or university-basednew text end teacher preparation programs deleted text beginand institutionsdeleted text end
throughout Minnesota to develop alternative pathways for certifying and licensing high
school career and technical education instructors and teachers, allowing such candidates 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2016, section 122A.22, is amended to read:


122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.

No person shall be accounted a qualified teacher until the school district or charter school
contracting with the person for teaching services verifies through the Minnesota education
licensing system available on the deleted text begindepartmentdeleted text endnew text begin Professional Educator Licensing and Standards
Board
new text end Web site that the person is a qualified teacher, consistent with sections 122A.16 and
122A.44, subdivision 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2016, 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 new text beginuntil 2020 new text endon the status of
teacher early retirement patterns, the access to effective and more diverse teachers who
reflect the students under section 120B.35, subdivision 3, paragraph (b), clause (2), enrolled
in a district or school, the teacher shortage, and the substitute teacher shortage, including
patterns and shortages in subject areas and the economic development regions of the state.
The report must also include: aggregate data on teachers' self-reported race and ethnicity;
data on how districts are making progress in hiring teachers and substitutes in the areas of
shortage; and a five-year projection of teacher demand for each district, taking into account
the students under section 120B.35, subdivision 3, paragraph (b), clause (2), expected to
enroll in the district during that five-year period.

Sec. 16.

Minnesota Statutes 2016, section 214.04, subdivision 1, is amended to read:


Subdivision 1.

Services provided.

The commissioner deleted text beginof education with respect to the
Board of Teaching; the commissioner
deleted text end of public safety with respect to the Board of Private
Detective and Protective Agent Services; the Board of Peace Officer Standards and Training;
and the commissioner of revenue with respect to the Board of Assessors, shall provide
suitable offices and other space, joint conference and hearing facilities, examination rooms,
and the following administrative support services: purchasing service, accounting service,
advisory personnel services, consulting services relating to evaluation procedures and
techniques, data processing, duplicating, mailing services, automated printing of license
renewals, and such other similar services of a housekeeping nature as are generally available
to other agencies of state government. Investigative services shall be provided the boards
by employees of the Office of Attorney General. The commissioner of health with respect
to the health-related licensing boards shall provide mailing and office supply services and
may provide other facilities and services listed in this subdivision at a central location upon
request of the health-related licensing boards. The commissioner of commerce with respect
to the remaining non-health-related licensing boards shall provide the above facilities and
services at a central location for the remaining non-health-related licensing boards. The
legal and investigative services for the boards shall be provided by employees of the attorney
general assigned to the departments servicing the boards. Notwithstanding the foregoing,
the attorney general shall not be precluded by this section from assigning other attorneys
to service a board if necessary in order to insure competent and consistent legal
representation. Persons providing legal and investigative services shall to the extent
practicable provide the services on a regular basis to the same board or boards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 17.

Minnesota Statutes 2016, section 214.04, subdivision 3, is amended to read:


Subd. 3.

Officers; staff.

The executive director of each health-related board and the
executive secretary of each non-health-related board shall be the chief administrative officer
for the board but shall not be a member of the board. The executive director or executive
secretary shall maintain the records of the board, account for all fees received by it, supervise
and direct employees servicing the board, and perform other services as directed by the
board. The executive directors, executive secretaries, and other employees of the following
boards shall be hired by the board, and the executive directors or executive secretaries shall
be in the unclassified civil service, except as provided in this subdivision:

(1) Dentistry;

(2) Medical Practice;

(3) Nursing;

(4) Pharmacy;

(5) Accountancy;

(6) Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience,
and Interior Design;

(7) Barber Examiners;

(8) Cosmetologist Examiners;

deleted text begin (9) Teaching;
deleted text end

deleted text begin (10)deleted text endnew text begin (9)new text end Peace Officer Standards and Training;

deleted text begin (11)deleted text endnew text begin (10)new text end Social Work;

deleted text begin (12)deleted text endnew text begin (11)new text end Marriage and Family Therapy;

deleted text begin (13)deleted text endnew text begin (12)new text end Dietetics and Nutrition Practice;

deleted text begin (14)deleted text endnew text begin (13)new text end Licensed Professional Counseling; and

deleted text begin (15)deleted text endnew text begin (14)new text end Combative Sports Commission.

The executive directors or executive secretaries serving the boards are hired by those
boards and are in the unclassified civil service, except for part-time executive directors or
executive secretaries, who are not required to be in the unclassified service. Boards not
requiring full-time executive directors or executive secretaries may employ them on a
part-time basis. To the extent practicable, the sharing of part-time executive directors or
executive secretaries by boards being serviced by the same department is encouraged.
Persons providing services to those boards not listed in this subdivision, except executive
directors or executive secretaries of the boards and employees of the attorney general, are
classified civil service employees of the department servicing the board. To the extent
practicable, the commissioner shall ensure that staff services are shared by the boards being
serviced by the department. If necessary, a board may hire part-time, temporary employees
to administer and grade examinations.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Minnesota Statutes 2016, section 214.045, is amended to read:


214.045 COORDINATION WITH new text beginPROFESSIONAL EDUCATOR LICENSING
AND STANDARDS
new text endBOARD deleted text beginOF TEACHINGdeleted text end.

The commissioner of health and the health-related licensing boards must coordinate
with the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end when modifying
licensure requirements for regulated persons in order to have consistent regulatory
requirements for personnel who perform services in schools.

new text begin EFFECTIVE DATE. new text end

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

Sec. 19. new text beginTRANSFER OF POWERS.
new text end

new text begin (a) The creation of the Professional Educator Licensing and Standards Board shall be
considered a transfer by law of the responsibilities of the Board of Teaching and the
Minnesota Department of Education with respect to licensure and credentialing of teachers
and school personnel to the Professional Educator Licensing and Standards Board for
purposes of Minnesota Statutes, section 15.039. All classified and unclassified positions
associated with the responsibilities being transferred to the Professional Educator Licensing
and Standards Board are transferred with their incumbents to the new agency pursuant to
Minnesota Statutes, section 15.039, subdivision 7, except as otherwise provided in Minnesota
Statutes, section 122A.07.
new text end

new text begin (b) The responsibilities of the Minnesota Department of Education with respect to
licensure of school administrators are transferred by law to the Board of School
Administrators for purposes of section 15.039.
new text end

new text begin (c) The Professional Educator Licensing and Standards Board must review all rules
adopted by the Board of Teaching and amend or repeal rules not consistent with statute.
The Professional Educator Licensing and Standards Board must review all teacher preparation
programs approved by the Board of Teaching to determine whether the approved programs
meet the needs of schools in Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 20. new text beginFIRST APPOINTMENTS TO THE PROFESSIONAL EDUCATOR
LICENSING AND STANDARDS BOARD.
new text end

new text begin The governor shall make appointments to the Professional Educator Licensing and
Standards Board by September 1, 2017, for terms that begin January 1, 2018. The governor
shall designate one member of the board to convene the first meeting by February 1, 2018,
and to act as chair until the board elects a chair at its first meeting.
new text end

Sec. 21.

new text begin IMPLEMENTATION REPORT.
new text end

new text begin 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.181. The report must include the number of
applicants for license 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.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 22. new text beginREVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the
term "Professional Educator Licensing and Standards Board" for "Board of Teaching"
wherever the term refers to the powers, duties, and responsibilities of the Board of Teaching.
The revisor shall also make grammatical changes related to the change in terms.
new text end

ARTICLE 2

LICENSURE

Section 1.

Minnesota Statutes 2016, section 122A.17, is amended to read:


122A.17 VALIDITY OF CERTIFICATES OR LICENSES.

new text begin (a) new text endA rule adopted by the Board of Teachingnew text begin or the Professional Educator Licensing and
Standards Board
new text end must not affect the validity of certificates or licenses to teach in effect on
July 1, 1974, or the rights and privileges of the holders thereof, except that any such
certificate or license may be suspended or revoked for any of the causes and by the procedures
specified by law.

new text begin (b) All teacher licenses in effect on September 1, 2017, shall remain valid for one
additional year after the date the license is scheduled to expire.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2016, section 122A.18, subdivision 1, is amended to read:


Subdivision 1.

Authority to license.

(a) The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end must deleted text beginlicense teachers, as defined in section 122A.15,
subdivision 1
, except for supervisory personnel, as defined in section 122A.15, subdivision
2
.
deleted text endnew text begin issue teacher licenses to candidates who meet the qualifications prescribed by this chapter.
new text end

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

deleted text begin (c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the licensing
section of the department.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end 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 teacher
education programs. The program approval process must include targeted redesign of teacher
preparation programs to address identified E-12 student areas of concern.

deleted text begin (e)deleted text endnew text begin (d)new text end 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.

deleted text begin (f)deleted text endnew text begin (e)new text end For purposes of the data sharing agreements under paragraphs deleted text begin(d)deleted text endnew text begin (c)new text end and deleted text begin(e)deleted text endnew text begin (d)new text end,
the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end, 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2016, section 122A.18, subdivision 2, is amended to read:


Subd. 2.

deleted text beginTeacher anddeleted text end Support personnel qualifications.

(a) The new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end must issue licenses under its jurisdiction to
persons the board finds to be qualified and competent for their respective positions, including
those meeting the standards adopted under section 122A.09, subdivision 4, paragraph (n).

(b) The board must deleted text beginrequire a candidate for teacher licensure to demonstratedeleted text end new text beginadopt rules
that establish
new text enda passing score on a board-adopted examination of skills in reading, writing,
and mathematics, deleted text beginbefore beingdeleted text end new text beginfor a candidate to be new text endgranted a deleted text beginprofessional five-yeardeleted text end new text beginTier
2, 3, or 4
new text endteaching license to provide direct instruction to pupils in prekindergarten,
elementary, secondary, or special education programsdeleted text begin, except that the board may issue up
to four temporary, one-year teaching licenses to an otherwise qualified candidate who has
not yet passed a board-adopted skills exam. At the request of the employing school district
or charter school, the Board of Teaching may issue an initial professional one-year teaching
license to an otherwise qualified teacher not passing or demonstrating a passing score on a
board-adopted skills examination in reading, writing, and mathematics. For purposes of this
section, the initial professional one-year teaching license issued by the board is limited to
the current subject or content matter the teacher is employed to teach and limited to the
district or charter school requesting the initial professional one-year teaching license. If the
board denies the request, it must provide a detailed response to the school administrator as
to the reasons for the denial
deleted text end. The board must require colleges and universities offering a
board approved teacher preparation program to 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 colleges and universities must make
available assistance in the specific academic areas of candidates' deficiency. 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 an initial professional one-year teaching
license to teach in Minnesota. The board deleted text beginof Teachingdeleted text end shall report annually to the education
committees of the legislature on the total number of teacher candidates during the most
recent school year taking a board-adopted skills examination, the number who achieve a
qualifying score on the examination, the number who do not achieve a qualifying score on
the examination, and the candidates who have not passed a content or pedagogy exam,
disaggregated by categories of race, ethnicity, and eligibility for financial aid.

(c) deleted text beginThe Board of Teaching must grant professional five-year teaching licenses only to
those persons who have met board criteria for that license, which includes passing a
board-adopted skills examination in reading, writing, and mathematics, and the exceptions
in section 122A.09, subdivision 4, paragraph (b), that are consistent with this paragraph.
deleted text end 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 deleted text beginprofessional five-yeardeleted text end
teaching license to provide direct instruction in their native language or world language
instruction under section 120B.022, subdivision 1.

(d) All colleges and universities approved by the board deleted text beginof teachingdeleted text end to prepare persons
for teacher licensure must include in their teacher preparation programs a common core of
teaching knowledge and skills to be acquired by all persons recommended for teacher
licensure. Among other requirements, teacher candidates must demonstrate the knowledge
and skills needed to provide appropriate instruction to English learners to support and
accelerate their academic literacy, including oral academic language, and achievement in
content areas in a regular classroom setting. This common core shall meet the standards
developed by the interstate new teacher assessment and support consortium in its 1992
"model standards for beginning teacher licensing and development." Amendments to
standards adopted under this paragraph are covered by chapter 14. The board deleted text beginof teachingdeleted text end
shall report annually to the education committees of the legislature on the performance of
teacher candidates on common core assessments of knowledge and skills under this paragraph
during the most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 122A.18, subdivision 2b, is amended to read:


Subd. 2b.

Reading specialist.

deleted text beginNot later than July 1, 2002,deleted text end The new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end must adopt rules providing for reading teacher
licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

Minnesota Statutes 2016, section 122A.18, subdivision 3, is amended to read:


Subd. 3.

Supervisory and coach qualifications; code of ethics.

The deleted text begincommissioner of
education
deleted text end new text beginProfessional Educator Licensing and Standards Board new text endmust issue licenses under
its jurisdiction to persons the deleted text begincommissionerdeleted text end new text beginboard new text endfinds to be qualified and competent for
their respective positions under the rules it adopts. The deleted text begincommissioner of educationdeleted text end new text beginboard
new text end may develop, by rule, a code of ethics for supervisory personnel covering standards of
professional practices, including areas of ethical conduct and professional performance and
methods of enforcement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 6.

Minnesota Statutes 2016, section 122A.18, subdivision 3a, is amended to read:


Subd. 3a.

Technology strategies.

All colleges and universities approved by the board
deleted text begin of Teachingdeleted text end to prepare persons for classroom teacher licensure must include in their teacher
preparation programs the knowledge and skills teacher candidates need to deliver digital
and blended learning and curriculum and engage students with technology.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2016, section 122A.18, subdivision 7a, is amended to read:


Subd. 7a.

Permission to substitute teach.

(a) The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end may allow a person who is enrolled in and making satisfactory
progress in a board-approved teacher program and who has successfully completed student
teaching to be employed as a short-call substitute teacher.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end may issue a
lifetime qualified short-call new text beginor long-call new text endsubstitute teaching license to a person who:

(1) was a qualified teacher under section 122A.16 while holding a deleted text beginprofessional five-yeardeleted text end
new text begin Tier 3 or Tier 4 new text endteaching license issued by the board,new text begin under section 122A.181,new text end and receives
a retirement annuity from the Teachers Retirement Association or the St. Paul Teachers
Retirement Fund Association;

(2) holds an out-of-state teaching license and receives a retirement annuity as a result
of the person's teaching experience; or

(3) held a deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching license issued by the board,new text begin
under section 122A.181,
new text end taught at least three school years in an accredited nonpublic school
in Minnesota, and receives a retirement annuity as a result of the person's teaching experience.

A person holding a lifetime qualified short-call new text beginor long-call new text endsubstitute teaching license is
not required to complete continuing education clock hours. A person holding this license
may reapply to the board for new text begineither:
new text end

new text begin (i) new text enda deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching licensenew text begin under section 122A.181,new text end
and must again complete continuing education clock hours one school year after receiving
the deleted text beginprofessional five-yeardeleted text endnew text begin Tier 3 or Tier 4new text end teaching licensenew text begin; or
new text end

new text begin (ii) a Tier 1 license under section 122A.181, provided that the candidate has a bachelor's
degree, an associate's degree, or an appropriate professional credential in the content area
the candidate will teach
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 8.

Minnesota Statutes 2016, section 122A.18, subdivision 7c, is amended to read:


Subd. 7c.

Temporary military license.

The new text beginProfessional Educator Licensing and
Standards
new text endBoard deleted text beginof Teachingdeleted text end shall establish a temporary license in accordance with section
197.4552 for teaching. The fee for a temporary license under this subdivision shall be $87.90
for an online application or $86.40 for a paper application.new text begin The board must provide candidates
for a license under this subdivision with information regarding the tiered licensure system
provided in section 122A.181.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 9.

Minnesota Statutes 2016, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end and deleted text beginthe commissioner of educationdeleted text endnew text begin the Board of School Administratorsnew text end
must request a criminal history background check from the superintendent of the Bureau
of Criminal Apprehension on all first-time teaching applicants for licenses under their
jurisdiction. Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall recover
the cost to the bureau of a background check through the fee charged to the applicant under
paragraph (a).

(c) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or the
deleted text begin commissioner of educationdeleted text endnew text begin Board of School Administratorsnew text end may issue a license pending
completion of a background check under this subdivision, but must notify the individual
that the individual's license may be revoked based on the result of the background check.new text begin
The individual must notify the school district or charter school that employs the individual
as a teacher that the individual's license has been revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 10.

new text begin [122A.181] TIERED LICENSURE SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Professional Educator Licensing and Standards Board to issue
licenses.
new text end

new text begin (a) The Professional Educator Licensing and Standards Board must license teachers
as defined in section 122A.15, subdivision 1. The tiered licensure system supersedes the
licensure system implemented under Minnesota Statutes 2016, section 122A.18, and
Minnesota Rules, part 8710.0300.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must issue a license to
candidates who meet the qualifications prescribed by this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Licensure tiers. new text end

new text begin The Professional Educator Licensing and Standards Board
must issue a license to candidates who meet the qualifications for the appropriate tier
according to the following table:
new text end

new text begin License Name
new text end
new text begin Duration
new text end
new text begin Renewal
new text end
new text begin Qualifications
new text end
new text begin Tier 1 license
new text end
new text begin One year
new text end
new text begin Unlimited
new text end
new text begin At least one of the following:
new text end
new text begin (1) for a license to teach career and technical
education, at least one of the following:
new text end
new text begin (i) an associate's degree in the content area;
new text end
new text begin (ii) professional credential; or
new text end
new text begin (iii) five years of work experience in the content
area; or
new text end
new text begin (2) for a license to teach in a content area not
included in clause (1), a baccalaureate degree.
new text end
new text begin A school board must confirm to the Professional
Educator Licensing and Standards Board that
it has attempted but is unable to hire a teacher
with a Tier 2, 3, or 4 license for the position
and that the candidate has the necessary skills
and knowledge to teach in a specified content
area.
new text end
new text begin A candidate meeting the above qualifications
must be granted a Tier 1 license upon the
request of the employing school board or charter
school board.
new text end
new text begin Years worked with a Tier 1 license do not count
towards the candidate's continuing contract
under section 122A.40 or 122A.41.
new text end
new text begin Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
new text end
new text begin Tier 2 license
new text end
new text begin Two years
new text end
new text begin Up to two
new text end
new text begin Meets Tier 1 qualifications and at least one of
the following:
new text end
new text begin (1) enrolled in and making satisfactory progress
in a Professional Educator Licensing and
Standards Board approved teacher preparation
program;
new text end
new text begin (2) passing scores on all required skills, content
area, and pedagogy licensure exams; or
new text end
new text begin (3) master's degree in content area.
new text end
new text begin A school board must confirm that the candidate
has the necessary skills and knowledge to teach
in a specified content area.
new text end
new text begin Years worked with a Tier 2 license only count
towards the candidate's continuing contract
under section 122A.40 or 122A.41, if the
candidate subsequently obtains a Tier 3 or Tier
4 license.
new text end
new text begin Must participate in a school district's mentorship
and evaluation program that includes an
individual growth and development plan.
new text end
new text begin Tier 3 license
new text end
new text begin Three years
new text end
new text begin Up to three
new text end
new text begin Meets Tier 1 qualifications and at least one of
the following:
new text end
new text begin (1) successful completion of a Professional
Educator Licensing and Standards Board
approved teacher preparation program;
new text end
new text begin (2) successful completion of an out-of-state
teacher preparation program that includes
field-specific methods training and field-specific
student teaching;
new text end
new text begin (3) an out-of-state professional teaching license
in good standing;
new text end
new text begin (4) passing scores on all required skills, content
area, and pedagogy licensure exams; or
new text end
new text begin (5) National Board for Professional Teaching
Standards certification.
new text end
new text begin And meets at least one of the following criteria:
new text end
new text begin (1) 12 weeks of student teaching experience;
new text end
new text begin (2) two years of field-specific teaching
experience; or
new text end
new text begin (3) completion of a comprehensive teacher
mentoring program offered by a Minnesota
school.
new text end
new text begin Must participate in a school district's evaluation
program that includes an individual growth and
development plan.
new text end
new text begin Tier 4 license
new text end
new text begin Five years
new text end
new text begin Unlimited
new text end
new text begin Meets Tier 3 qualifications and the following:
new text end
new text begin (1) at least three years teaching experience in
any state; and
new text end
new text begin (2) passing scores on all required skills, content
area, and pedagogy licensure exams.
new text end
new text begin Must participate in a school district's evaluation
program that includes an individual growth and
development plan.
new text end

new text begin Subd. 3. new text end

new text begin Assessment alternatives. new text end

new text begin A Tier 3 or Tier 4 teacher licensure candidate that
fails, after two attempts, to obtain a passing score on the board-adopted skills examination
in reading, writing, and mathematics may demonstrate to the board that they have attained
the required skills by either of the following:
new text end

new text begin (1) completing a portfolio using board-adopted standards; or
new text end

new text begin (2) teaching for three years in a Minnesota school with at least one summative teacher
evaluation and showing satisfactory evidence of successful teaching according to section
122A.40, subdivision 8, or section 122A.41, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 11.

new text begin [122A.187] EXPIRATION AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin License form requirements. new text end

new text begin 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. Requirements for renewing a Tier 3 or 4 license 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. The Board of
School Administrators shall establish requirements for renewing the licenses of supervisory
personnel except athletic coaches. The Professional Educator Licensing and Standards Board
shall establish requirements for renewing the licenses of athletic coaches.
new text end

new text begin Subd. 2. new text end

new text begin Professional growth. new text end

new text begin (a) Applicants for license renewal for a Tier 3 or Tier 4
license who have been employed as a teacher during the renewal period of the expiring
license, as a condition of license renewal, must present to the Professional Educator Licensing
and Standards Board evidence of work that demonstrates professional reflection and growth
in best teaching practices, including among other things, practices in meeting the varied
needs of English learners, from young children to adults under section 124D.59, subdivisions
2 and 2a.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must ensure that its teacher
relicensing requirements include paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 12.

new text begin [122A.188] LICENSURE DENIAL; APPEAL.
new text end

new text begin Subdivision 1. new text end

new text begin Denial letter. new text end

new text begin (a) The Professional Educator Licensing and Standards
Board must inform a candidate within 30 days on whether the candidate's application for
an initial teaching license or renewal of license has been approved or denied. When an
application is denied, the notification letter must inform the candidate of the process for
seeking review of the denial and of the appeals process provided in this section, including
all deadlines for seeking review of the denial decision and filing an appeal. The notification
letter must identify each licensure requirement the candidate failed to meet.
new text end

new text begin (b) For purposes of this section, the term "denial" means denial of an initial license or
a denial of a renewal license. Denial of an initial license includes a grant of a license that
is a lower tier than the candidate applied for and denial of application for an additional field
of licensure.
new text end

new text begin Subd. 2. new text end

new text begin Review of denial. new text end

new text begin A candidate whose license application is denied may seek
review of the denial by submitting a letter to the Professional Educator Licensing and
Standards Board within 30 calendar days of receipt of the denial letter. The candidate may
include any documentation necessary to demonstrate that the candidate meets the licensure
requirements. The board must review the denial within 60 calendar days of receipt of the
letter seeking review. If the board affirms the denial, the board must send the candidate a
letter identifying each licensure requirement the candidate failed to meet and informing the
candidate of the appeal process provided under this section.
new text end

new text begin Subd. 3. new text end

new text begin Appeal. new text end

new text begin A candidate whose application for license or license renewal has been
denied under subdivisions 1 and 2 may appeal the decision by filing a written request with
the Professional Educator Licensing and Standards Board within 30 days of notice that the
board has affirmed the denial of license. The board must then initiate a contested case under
the Administrative Procedure Act, sections 14.001 to 14.69.
new text end

Sec. 13.

Minnesota Statutes 2016, section 122A.19, is amended to read:


122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS;
LICENSES.

Subdivision 1.

Bilingual and English as a second language licenses.

The new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end, hereinafter the board, must grant
teaching licenses in bilingual education and English as a second language to persons who
present satisfactory evidence that they:

deleted text begin (a)deleted text endnew text begin (1)new text end possess competence and communicative skills in English and in another language;

deleted text begin (b)deleted text endnew text begin (2)new text end possess a bachelor's degree or other academic degree approved by the board, and
meet such requirements as to course of study and training as the board may prescribe,
consistent with subdivision 4new text begin; and
new text end

new text begin (3) meet all other requirements for a teaching license provided in section 122A.18new text end.

Subd. 2.

Persons holding deleted text begingeneraldeleted text end teaching licenses.

The board may license a person
who holds a deleted text begingeneraldeleted text end teaching license new text beginin any tier under section 122A.181, new text endand who presents
the board with satisfactory evidence of competence and communicative skills in a language
other than English under this section.

Subd. 4.

Teacher preparation programs.

For the purpose of licensing bilingual and
English as a second language teachers, the board may approve programs at colleges or
universities designed for their training. These programs 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.

Subd. 5.

Persons eligible for employment.

Any person licensed under this section is
eligible for employment by a school board as a teacher in a bilingual education or English
as a second language program in which the language for which the person is licensed is
taught or used as a medium of instruction. A board may prescribe only those additional
qualifications for teachers licensed under this section that are approved by the board deleted text beginof
teaching
deleted text end.

Subd. 6.

Affirmative efforts in hiring.

In hiring for all bilingual education program
positions, districts must give preference to and make affirmative efforts to seek, recruit, and
employ persons who (1) are native speakers of the language which is the medium of
instruction in the bilingual education program or share a native language with the majority
of their students, and (2) share the culture of the English learners enrolled in the program.
The district shall provide procedures for involving the parent advisory committees in
designing the procedures for recruiting, screening, and selecting applicants. This section
must not be construed to limit the school board's authority to hire and discharge personnel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 14.

Minnesota Statutes 2016, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The new text beginProfessional
Educator Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end or Board of School Administrators,
whichever has jurisdiction over a teacher's licensure, may, on the written complaint of the
school board employing a teacher, a teacher organization, or any other interested person,
refuse to issue, refuse to renew, suspend, or revoke a teacher's license to teach for any of
the following causes:

(1) immoral character or conduct;

(2) failure, without justifiable cause, to teach for the term of the teacher's contract;

(3) gross inefficiency or willful neglect of duty;

(4) failure to meet licensure requirements; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or Board of
School Administrators, whichever has jurisdiction over a teacher's licensure, shall refuse
to issue, refuse to renew, or automatically revoke a teacher's license to teach without the
right to a hearing upon receiving a certified copy of a conviction showing that the teacher
has been convicted of child abuse, as defined in section 609.185, sex trafficking in the first
degree under section 609.322, subdivision 1, sex trafficking in the second degree under
section 609.322, subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage
in prostitution under section 609.324, subdivision 1, sexual abuse under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, solicitation
of children to engage in sexual conduct or communication of sexually explicit materials to
children under section 609.352, interference with privacy under section 609.746 or stalking
under section 609.749 and the victim was a minor, using minors in a sexual performance
under section 617.246, possessing pornographic works involving a minor under section
617.247, or any other offense not listed in this paragraph that requires the person to register
as a predatory offender under section 243.166, or a crime under a similar law of another
state or the United States. The board shall send notice of this licensing action to the district
in which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the Court of
Appeals or the Supreme Court or if the person has received a pardon for the offense. The
petitioner shall attach a certified copy of the appellate court's final decision or the pardon
to the petition. Upon receiving the petition and its attachment, the board shall schedule and
hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the
petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal
of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified
from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing
action. If the board finds that the petitioner is not disqualified from teaching under paragraph
(a), clause (1), it shall reverse its previous licensing action.

(d) For purposes of this subdivision, the new text beginProfessional Educator Licensing and Standards
new text end Board deleted text beginof Teachingdeleted text end is delegated the authority to suspend or revoke coaching licenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 15.

Minnesota Statutes 2016, section 122A.20, subdivision 2, is amended to read:


Subd. 2.

Mandatory reporting.

A school board must report to the new text beginProfessional Educator
Licensing and Standards
new text endBoard deleted text beginof Teachingdeleted text end, the Board of School Administrators, or the
Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
is pending under section 122A.40, subdivision 13, paragraph (a) clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent shall provide
the licensing board with information about the teacher or administrator from the district's
files, any termination or disciplinary proceeding, any settlement or compromise, or any
investigative file. Upon written request from the appropriate licensing board, a board or
school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 16.

Minnesota Statutes 2016, section 122A.21, subdivision 2, is amended to read:


Subd. 2.

Licensure via portfolio.

(a) new text beginThe Professional Educator Licensing and Standards
Board must develop a process for
new text endan eligible candidate deleted text beginmay use licensure via portfoliodeleted text end to
obtain deleted text begina professional five-year teachingdeleted text end new text beginany teacher new text endlicense new text beginunder section 122A.181, new text endor to
add a licensure field, deleted text beginconsistent with applicable Board of Teaching licensure rulesdeleted text endnew text begin via
portfolio
new text end.

(b) A candidate for a deleted text beginprofessional five-year teachingdeleted text end license must submit to the deleted text beginEducator
Licensing Division at the department
deleted text end new text beginboard new text endone portfolio demonstrating pedagogical
competence and one portfolio demonstrating content competence.

(c) A candidate seeking to add a licensure field must submit to the deleted text beginEducator Licensing
Division at the department
deleted text end new text beginboard new text endone portfolio demonstrating content competencenew text begin for each
field the candidate seeks to add
new text end.

(d) The board deleted text beginof Teachingdeleted text end must notify a candidate who submits a portfolio under
paragraph (b) or (c) within 90 calendar days after the portfolio is received whether or not
the portfolio was approved. If the portfolio was not approved, the board must immediately
inform the candidate how to revise the portfolio to successfully demonstrate the requisite
competence. The candidate may resubmit a revised portfolio at any time and the deleted text beginEducator
Licensing Division at the department
deleted text end new text beginboard new text endmust approve or disapprove the new text beginrevised new text endportfolio
within 60 calendar days of receiving it.

(e) A candidate must pay to the executive secretary of the board deleted text beginof Teachingdeleted text end a $300 fee
for the first portfolio submitted for review and a $200 fee for any portfolio submitted
subsequently. The revenue generated from the fee must be deposited in an education licensure
portfolio account in the special revenue fund. The fees set by the board deleted text beginof Teachingdeleted text end are
nonrefundable for applicants not qualifying for a license. The board deleted text beginof Teachingdeleted text end may waive
or reduce fees for candidates based on financial need.

Sec. 17.

Minnesota Statutes 2016, section 122A.23, subdivision 3, is amended to read:


Subd. 3.

Teacher licensure agreements with adjoining states.

(a) Notwithstanding
any other law to the contrary, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end must enter into a National Association of State Directors of Teacher Education
and Certification (NASDTEC) interstate agreement and other interstate agreements for
teacher licensure to allow fully certified teachers from adjoining states to transfer their
certification to Minnesota. The board must enter into these interstate agreements only after
determining that the rigor of the teacher licensure or certification requirements in the
adjoining state is commensurate with the rigor of Minnesota's teacher licensure requirements.
The board may limit an interstate agreement to particular content fields or grade levels based
on established priorities or identified shortages. This subdivision does not apply to
out-of-state applicants holding only a provisional teaching license.

(b) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must work
with designated authorities in adjoining states to establish interstate teacher licensure
agreements under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 18.

new text begin [122A.2451] ALTERNATIVE TEACHER PREPARATION PROVIDERS
AND PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Provider" or "unit" means an eligible entity that seeks
or has obtained approval for an alternative teacher preparation program consistent with this
section.
new text end

new text begin (b) "Program" means content provided by a provider that leads toward licensure in a
specific content area.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin To provide alternative pathways towards Minnesota teacher licensure
outside of the traditional means, improve ethnic and cultural diversity in the classroom, and
to close the achievement gap, the Professional Educator Licensing and Standards Board
must approve qualified teacher preparation providers and programs under this section that
are a means to acquire a Tier 2 license under section 122A.181 and prepare for acquiring a
Tier 3 license under section 122A.181.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A school district, charter school, or nonprofit corporation organized
under chapter 317A for an education-related purpose is eligible to participate under this
section. An eligible entity may apply for provider and program approval simultaneously.
new text end

new text begin Subd. 4. new text end

new text begin Provider approval. new text end

new text begin An eligible entity must be approved as a provider before
being approved to provide programs towards licensure. The Professional Educator Licensing
and Standards Board must approve eligible entities under subdivision 3 that meet the
following requirements:
new text end

new text begin (1) has evidence and history of fiscal solvency, capacity, and operation;
new text end

new text begin (2) has evidence of necessary infrastructure to provide accurate, timely, and secure data
for the purposes of admission, candidate monitoring, testing, background checks, and license
recommendations;
new text end

new text begin (3) has policies and procedures in place ensuring the security of candidate records under
the federal Family Educational Rights and Privacy Act;
new text end

new text begin (4) has the instructional capacity or ability to obtain the instructional capacity to provide
an adequate instructional phase under subdivision 5; and
new text end

new text begin (5) meets all other board-adopted rules for teacher preparation providers.
new text end

new text begin Subd. 5. new text end

new text begin Program approval. new text end

new text begin The board must approve programs offered by approved
providers based on nontraditional criteria. An approved program must have the following
characteristics:
new text end

new text begin (1) an instructional phase that provides intensive preparation and observed classroom
experience that is commensurate with the scope of licensure standards defined under rule,
before the teacher candidate assumes classroom responsibilities;
new text end

new text begin (2) a research-based and results-oriented approach focused on best teaching practices
to increase student proficiency and growth measured against state academic standards;
new text end

new text begin (3) a strategy to combine pedagogy and best teaching practices to better inform teacher
candidates' classroom instruction;
new text end

new text begin (4) provide assessment, supervision, and evaluation of teacher candidates to determine
their specific needs throughout the program, and to support efforts to successfully complete
the program;
new text end

new text begin (5) provide intensive and ongoing professional learning opportunities that accelerate
teacher candidates' professional growth, support student learning, and provide a workplace
orientation, professional staff development, mentoring and peer review, focused on standards
of professional practice and continuous professional growth; and
new text end

new text begin (6) a process to review a candidate's final proficiency of required licensure content
standards that leads to potential candidate recommendation by the provider to the board for
a Tier 3 teaching license under subdivision 8.
new text end

new text begin Subd. 6. new text end

new text begin Nontraditional means; program instructors. new text end

new text begin (a) The board must permit
alternative teacher preparation providers and teacher candidates to demonstrate pedagogy
and content standard proficiency in school-based programs and through other nontraditional
means. Nontraditional means may include previous work experiences, teaching experiences,
educator evaluations, industry-recognized certifications, and other essentially equivalent
demonstrations.
new text end

new text begin (b) The board must use nontraditional criteria to determine qualifications of program
instructors, including permitting instructors to hold a baccalaureate degree only.
new text end

new text begin Subd. 7. new text end

new text begin Program disapproval, suspension. new text end

new text begin If the board determines that a teacher
preparation provider or licensure program fails to meet or is deficient in any of the
requirements of subdivision 5, it may suspend or revoke the approval of the provider or
program after it notifies the provider of the deficiencies and gives the provider an opportunity
to remedy the deficiencies.
new text end

new text begin Subd. 8. new text end

new text begin Candidate program completion; teacher licensure. new text end

new text begin (a) The board must issue
a Tier 3 license to candidates who successfully complete a licensure program with a
recommendation from an approved alternative teacher preparation provider.
new text end

new text begin (b) The board must issue a Tier 4 license to an otherwise qualified teacher candidate
under this section who successfully performs throughout a program under this section,
obtains qualifying scores on applicable board-adopted licensure exams under section 122A.09
and is recommended for licensure under paragraph (a), or successfully demonstrates to the
board qualifications for licensure under this paragraph.
new text end

new text begin (c) A person who successfully completes another state's alternative teacher preparation
licensure program may apply to the Professional Educator Licensing and Standards Board
for a Tier 3 license.
new text end

new text begin Subd. 9. new text end

new text begin Reports. new text end

new text begin (a) An approved alternative teacher preparation provider must report
to the Professional Educator Licensing and Standards Board on items that are defined in
statute regarding program candidates, completion, and effectiveness or other items that are
required under section 122A.09.
new text end

new text begin (b) The Professional Educator Licensing and Standards Board must submit a biennial
report on the alternative teacher preparation program and providers to legislative committees
having jurisdiction over kindergarten through grade 12 education policy and finance by
January 15 of each odd-numbered year.
new text end

Sec. 19.

Minnesota Statutes 2016, section 122A.26, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

A person who teaches in a community education program which
qualifies for aid pursuant to section 124D.52 shall continue to meet licensure requirements
as a teacher. A person who teaches in an early childhood and family education program
which is offered through a community education program and which qualifies for community
education aid pursuant to section 124D.20 or early childhood and family education aid
pursuant to section 124D.135 shall continue to meet licensure requirements as a teacher. A
person who teaches in a community education course which is offered for credit for
graduation to persons under 18 years of age shall continue to meet licensure requirements
as a teacher. A person who teaches a driver training course which is offered through a
community education program to persons under 18 years of age shall be licensed by the
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end or be subject to section
171.35. A license which is required for an instructor in a community education program
pursuant to this subdivision shall not be construed to bring an individual within the definition
of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1,
clause (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 20.

Minnesota Statutes 2016, section 122A.28, is amended to read:


122A.28 TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS;
LICENSURE REQUIREMENTS.

Subdivision 1.

K-12 license to teach deaf and hard-of-hearing students; relicensure.

(a) The new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end must review and
determine appropriate licensure requirements for a candidate for a license or an applicant
for a continuing license to teach deaf and hard-of-hearing students in prekindergarten through
grade 12. In addition to other requirements, a candidate must demonstrate the minimum
level of proficiency in American sign language as determined by the board.

(b) Among other relicensure requirements, each teacher under this section must complete
30 continuing education clock hours on hearing loss topics, including American Sign
Language, American Sign Language linguistics, or deaf culture, in each licensure renewal
period.

Subd. 2.

Licensure for teaching oral/aural deaf education programs.

(a) The
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end shall adopt a separate
licensure rule for a candidate for a license or an applicant for a continuing license to teach
in oral/aural deaf education programs or to provide services, including itinerant oral/aural
deaf education services, to deaf and hard-of-hearing students in prekindergarten through
grade 12.

(b) The board shall design rule requirements for teaching oral/aural deaf education in
collaboration with representatives of parents and educators of deaf and hard-of-hearing
students, postsecondary programs preparing teachers of deaf and hard-of-hearing students,
and the Department of Education.

(c) Rule requirements for teaching oral/aural deaf education shall reflect best practice
research in oral/aural deaf education. Advanced competencies in teaching deaf and
hard-of-hearing students through oral/aural modes shall be included.

(d) Licensure requirements for teachers of oral/aural deaf education must include
minimum competency in American sign language, but are not subject to the guidelines
established in Laws 1993, chapter 224, article 3, section 32, as amended by Laws 1998,
chapter 398, article 2, section 47. The signed communication proficiency interview shall
not be required for teachers licensed to teach deaf and hard-of-hearing students through
oral/aural deaf education methods.

(e) Requirements for teachers or oral/aural deaf education shall include appropriate
continuing education requirements for renewing this licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 21.

Minnesota Statutes 2016, section 122A.29, is amended to read:


122A.29 TEACHERS OF BLIND AND VISUALLY IMPAIRED STUDENTS;
LICENSURE REQUIREMENTS.

Teachers licensed in the education of blind and visually impaired students must
demonstrate competence in reading and writing Braille. The new text beginProfessional Educator Licensing
and Standards
new text endBoard deleted text beginof Teachingdeleted text end, at such time as a valid and reliable test is available, shall
adopt a rule to assess these competencies that is consistent with the standards of the National
Library Services for the Blind and Physically Handicapped.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 22.

Minnesota Statutes 2016, section 122A.30, is amended to read:


122A.30 EXEMPTION FOR new text beginCAREER AND new text endTECHNICAL EDUCATION
INSTRUCTORS.

(a) Notwithstanding section 122A.15, subdivision 1, and upon approval of the local
employer school board, a person who teaches in a part-time vocational or career and technical
education program is exempt from a license requirement. Nothing in this section shall
exclude licensed career and technical educators from the definition of "teacher" in section
122A.40, 122A.41, or 179A.03.

(b) This section expires June 30, 2020.new text begin After this section expires, persons who teach in
a part-time vocational or career and technical education program may apply for a teaching
license provided in section 122A.18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 23.

Minnesota Statutes 2016, section 124D.13, subdivision 11, is amended to read:


Subd. 11.

Teachers.

A school board must employ necessary licensed teachers for its
early childhood family education programs. deleted text beginThe Board of Teaching, at its discretion, may
grant an applicant a variance under this subdivision, consistent with sections 122A.09,
subdivision 10
, and 122A.25, and Board of Teaching rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 24.

Minnesota Statutes 2016, section 124D.454, subdivision 12, is amended to read:


Subd. 12.

Compliance with rules.

Aid must be paid under this section only for services
rendered or for costs incurred in career and technical education programs approved by the
commissioner and operated in accordance with rules promulgated by the commissioner.
This aid shall be paid only for services rendered and for costs incurred by essential, licensed
personnel who meet the requirements for licensure pursuant to the rules of the deleted text beginMinnesotadeleted text end
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end. Licensed personnel
means persons holding a valid career and technical license issued by the deleted text begincommissionerdeleted text endnew text begin
Professional Educator Licensing and Standards Board under section 122A.30
new text end. If an average
of five or fewer secondary full-time equivalent students are enrolled per teacher in an
approved postsecondary program at Intermediate District No. 287, 916, or 917, licensed
personnel means persons holding a valid vocational license issued by the commissioner or
the Board of Trustees of the Minnesota State Colleges and Universities. Notwithstanding
section 127A.42, the commissioner may modify or withdraw the program or aid approval
and withhold aid under this section without proceeding under section 127A.42 at any time.
To do so, the commissioner must determine that the program does not comply with rules
of the Department of Education or that any facts concerning the program or its budget differ
from the facts in the district's approved application.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 25.

Minnesota Statutes 2016, section 124D.75, subdivision 1, is amended to read:


Subdivision 1.

American Indian language and culture education licenses.

The
new text begin Professional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end, in consultation with the
Tribal Nations Education Committee, must grant initial and continuing teaching licenses
in American Indian language and culture education that bear the same duration as other
initial and continuing licenses. The board must grant licenses to persons who present
satisfactory evidence that they:

(1) possess competence in an American Indian language or possess unique qualifications
relative to or knowledge and understanding of American Indian history and culture; or

(2) possess a bachelor's degree or other academic degree approved by the board or meet
such requirements as to course of study and training as the board may prescribe, or possess
such relevant experience as the board may prescribe.

This evidence may be presented by affidavits, tribal resolutions, or by such other methods
as the board may prescribe. Individuals may present applications for licensure on their own
behalf or these applications may be submitted by the superintendent or other authorized
official of a school district, participating school, or an American Indian school.

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2016, section 124D.75, subdivision 6, is amended to read:


Subd. 6.

Persons eligible for employment; exemptions.

Any person licensed under
this section shall be eligible for employment by a school board or a participating school as
a teacher in an American Indian education program in which the American Indian language
or culture in which the person is licensed is taught. A school district or participating school
may prescribe only those additional qualifications for teachers licensed under this section
as are approved by the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof Teachingdeleted text end.
Any school board or participating school upon request may be exempted from the licensure
requirements of this section in the hiring of one or more American Indian language and
culture education teachers for any school year in which compliance would, in the opinion
of the deleted text begincommissionerdeleted text endnew text begin Professional Educator Licensing and Standards Boardnew text end, create a hardship
in the securing of the teachers.

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Minnesota Statutes 2016, section 125A.67, subdivision 2, is amended to read:


Subd. 2.

Teacher standards.

A teacher deleted text beginor administratordeleted text end at the academies is subject to
the licensure standards of the new text beginProfessional Educator Licensure and Standards new text endBoard deleted text beginof
Teaching or the commissioner of education
deleted text end.new text begin An administrator at the academies is subject
to the licensure standards of the Board of School Administrators.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 28.

Minnesota Statutes 2016, 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 deleted text beginlicensing
division in the Department of Education on behalf of the
deleted text enddeleted text begin Board of Teachingdeleted text endnew text begin Professional
Educator Licensure and Standards Board
new text end 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.

(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 July 1, 2018.
new text end

Sec. 29. new text beginLICENSES UNDER JURISDICTION OF THE BOARD OF TEACHING.
new text end

new text begin Subdivision 1. new text end

new text begin One-year license. new text end

new text begin A one-year license issued by the commissioner of
education before the effective date of this section must be treated as a Tier 1 license
established under Minnesota Statutes, sections 122A.18 and 122A.181.
new text end

new text begin Subd. 2. new text end

new text begin Two-year license. new text end

new text begin A two-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 2 license established under
Minnesota Statutes, sections 122A.18 and 122A.181.
new text end

new text begin Subd. 3. new text end

new text begin Three-year license. new text end

new text begin A three-year license issued by the commissioner of
education before the effective date of this section must be treated as a Tier 3 license
established under Minnesota Statutes, sections 122A.18 and 122A.181.
new text end

new text begin Subd. 4. new text end

new text begin Five-year license. new text end

new text begin A five-year license issued by the commissioner of education
before the effective date of this section must be treated as a Tier 4 license established under
Minnesota Statutes, sections 122A.18 and 122A.181.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 30. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 122A.162; 122A.163; 122A.18, subdivisions 4, 4a,
and 7; 122A.23, subdivisions 1 and 2; 122A.245; and 122A.25,
new text end new text begin are repealed.
new text end

ARTICLE 3

NONTEACHER CREDENTIALING

Section 1.

Minnesota Statutes 2016, section 120B.363, subdivision 1, is amended to read:


Subdivision 1.

Rulemaking.

The new text beginProfessional Educator Licensing and Standards new text endBoard
deleted text begin of Teachingdeleted text end must adopt rules to implement a statewide credential for education
paraprofessionals who assist a licensed teacher in providing student instruction. Any
paraprofessional holding this credential or working in a local school district after meeting
a state-approved local assessment is considered to be highly qualified under federal law.
Under this subdivision, the new text beginProfessional Educator Licensing and Standards new text endBoard deleted text beginof
Teaching
deleted text end, in consultation with the commissioner, must adopt qualitative criteria for approving
local assessments that include an evaluation of a paraprofessional's knowledge of reading,
writing, and math and the paraprofessional's ability to assist in the instruction of reading,
writing, and math. The commissioner must approve or disapprove local assessments using
these criteria. The commissioner must make the criteria available to the public.

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: S0004-2

122A.162 LICENSURE RULES.

The commissioner may make rules relating to licensure of school personnel not licensed by the Board of Teaching or Board of School Administrators.

122A.163 TEACHER RULE VARIANCES; COMMISSIONER.

Notwithstanding any law to the contrary, and only upon receiving the agreement of the State Board of Teaching or Board of School Administrators, whichever has jurisdiction over the licensure, the commissioner of education may grant a variance to rules governing licensure of persons licensed by the Board of Teaching or Board of School Administrators, whichever has jurisdiction.

122A.18 BOARD TO ISSUE LICENSES.

Subd. 4.

Expiration and renewal.

(a) Each license the Department of Education issues through its licensing section must bear the date of issue and the name of the state-approved teacher training provider. Licenses must expire and be renewed according to the respective rules the Board of Teaching, the Board of School Administrators, or the commissioner of education adopts. Requirements for renewing a license 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 the Board of Teaching prescribes. The Board of School Administrators shall establish requirements for renewing the licenses of supervisory personnel except athletic coaches. The State Board of Teaching shall establish requirements for renewing the licenses of athletic coaches.

(b) Applicants for license renewal who have been employed as a teacher during the renewal period of their expiring license, as a condition of license renewal, must present to their local continuing education and relicensure committee or other local relicensure committee evidence of work that demonstrates professional reflection and growth in best teaching practices, including among other things, practices in meeting the varied needs of English learners, from young children to adults under section 124D.59, subdivisions 2 and 2a. The applicant must include a reflective statement of professional accomplishment and the applicant's own assessment of professional growth showing evidence of:

(1) support for student learning;

(2) use of best practices techniques and their applications to student learning;

(3) collaborative work with colleagues that includes examples of collegiality such as attested-to committee work, collaborative staff development programs, and professional learning community work; or

(4) continual professional development that may include (i) job-embedded or other ongoing formal professional learning or (ii) for teachers employed for only part of the renewal period of their expiring license, other similar professional development efforts made during the relicensure period.

The Board of Teaching must ensure that its teacher relicensing requirements also include this paragraph.

(c) The Board of Teaching shall offer alternative options for license renewal for teachers who are accepted into and complete the National Board for Professional Teaching Standards certification process, and offer additional continuing relicensure options for teachers who earn National Board for Professional Teaching Standards certification. Continuing relicensure requirements for teachers who do not maintain National Board for Professional Teaching Standards certification are those the board prescribes, consistent with this section.

Subd. 4a.

Limited provisional licenses.

The board may grant two-year provisional licenses to licensure candidates in a field in which they were not previously licensed or in a field in which a shortage of licensed teachers exists. A shortage is defined as an inadequate supply of licensed personnel in a given licensure area as determined by the commissioner.

Subd. 7.

Limited provisional licenses.

The Board of Teaching may grant provisional licenses, which shall be valid for two years, in fields in which licenses were not issued previously or in fields in which a shortage of licensed teachers exists. A shortage is defined as a lack of or an inadequate supply of licensed personnel within a given licensure area in a school district that has notified the Board of Teaching of the shortage and has applied to the Board of Teaching for provisional licenses for that district's licensed staff.

122A.23 APPLICANTS TRAINED IN OTHER STATES.

Subdivision 1.

Preparation equivalency.

When a license to teach is authorized to be issued to any holder of a diploma or a degree of a Minnesota state university, or of the University of Minnesota, or of a liberal arts university, or a technical training institution, such license may also, in the discretion of the Board of Teaching, be issued to any holder of a diploma or a degree of a teacher training institution of equivalent rank and standing of any other state. The diploma or degree must be granted by virtue of completing coursework in teacher preparation as preliminary to the granting of a diploma or a degree of the same rank and class. For purposes of granting a Minnesota teaching license to a person who receives a diploma or degree from a state-accredited, out-of-state teacher training program leading to licensure, the Board of Teaching must establish criteria and streamlined policies and procedures by January 1, 2016, to recognize the experience and professional credentials of the person holding the out-of-state diploma or degree and allow that person to demonstrate to the board the person's qualifications for receiving a Minnesota teaching license based on performance measures the board adopts by January 1, 2016, under this section.

Subd. 2.

Applicants licensed in other states.

(a) Subject to the requirements of sections 122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a professional five-year teaching license or an initial professional one-year teaching license under paragraphs (c) to (f) to an applicant who holds at least a baccalaureate degree from a regionally accredited college or university and holds or held an out-of-state teaching license that requires the applicant to successfully complete a teacher preparation program approved by the issuing state, which includes either (1) field-specific teaching methods, student teaching, or equivalent experience, or (2) at least two years of teaching experience as the teacher of record in a similar licensure area.

(b) The Board of Teaching may issue a professional five-year teaching license on the basis of teaching experience and examination requirements only.

(c) The Board of Teaching must issue a professional five-year teaching license to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach a similar content field and grade levels if the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, and either (i) has completed field-specific teaching methods, student teaching, or equivalent experience, or (ii) has at least two years of teaching experience as the teacher of record in a similar licensure area.

(d) The Board of Teaching, consistent with board rules and paragraph (i), must issue up to four initial professional one-year teaching licenses to an applicant who holds or held an out-of-state teaching license to teach a similar licensure area and grade levels, where the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, but has not successfully completed all exams and human relations preparation components required by the Board of Teaching. The board must issue a professional five-year teaching license to an applicant who successfully completes the requirements under this paragraph.

(e) The Board of Teaching, consistent with board rules, must issue up to four initial professional one-year teaching licenses to an applicant who:

(1) successfully completed all exams and human relations preparation components required by the Board of Teaching; and

(2) holds or held an out-of-state teaching license to teach a similar licensure area and grade levels, where the scope of the out-of-state license is no more than two grade levels less than a similar Minnesota license, but has not completed field-specific teaching methods or student teaching or equivalent experience.

The applicant may complete field-specific teaching methods by successfully participating in a one-year school district mentorship program consistent with board-adopted standards of effective practice and Minnesota graduation requirements. If no school district mentorship program is available, the applicant must complete field-specific teaching methods coursework while serving as a teacher of record and providing classroom instruction in the applicant's field of licensure. The board must issue a professional five-year teaching license to an applicant who successfully completes the requirements under this paragraph.

(f) The Board of Teaching must issue to an applicant with an out-of-state teaching license up to four initial professional one-year teaching licenses that are restricted in content or grade levels specified in the out-of-state license if the applicant's out-of-state teaching license is more limited than a similar Minnesota license in content field or grade levels. The Board of Teaching must issue a professional five-year teaching license to an applicant who successfully completes all exams and human relations preparation components required by the Board of Teaching. Any content or grade level restriction placed on a license under this paragraph remains in effect.

(g) The Board of Teaching may issue a two-year provisional permission to an applicant under this subdivision to teach in a shortage area, consistent with section 122A.18, subdivision 4a.

(h) The Board of Teaching may issue a license under this subdivision if the applicant has attained the additional degrees, credentials, or licenses required in a particular licensure field and the applicant can demonstrate competency by obtaining qualifying scores on the board-adopted skills examination in reading, writing, and mathematics, and on applicable board-adopted rigorous content area and pedagogy examinations under section 122A.09, subdivision 4, paragraphs (a) and (e).

(i) The Board of Teaching must require an applicant for a professional five-year teaching license or an initial professional one-year teaching license under this subdivision to pass a board-adopted skills examination in reading, writing, and mathematics before the board issues the license unless, notwithstanding other provisions of this subdivision, an applicable board-approved National Association of State Directors of Teacher Education and Certification interstate agreement exists to allow fully certified teachers from other states to transfer their certification to Minnesota.

122A.245 ALTERNATIVE TEACHER PREPARATION PROGRAM AND PRELIMINARY TEACHER LICENSE.

Subdivision 1.

Requirements.

(a) To improve academic excellence, improve ethnic and cultural diversity in the classroom, and close the academic achievement gap, the Board of Teaching must approve qualified teacher preparation programs under this section that are a means to acquire a two-year preliminary teacher license, which the board may renew one time for an additional one-year term, and to prepare for acquiring a professional five-year license. The following entities are eligible to participate under this section:

(1) a school district, charter school, or nonprofit corporation organized under chapter 317A for an education-related purpose that forms a partnership with a college or university that has a board-approved alternative teacher preparation program; or

(2) a school district or charter school, after consulting with a college or university with a board-approved teacher preparation program, that forms a partnership with a nonprofit corporation organized under chapter 317A for an education-related purpose that has a board-approved teacher preparation program.

(b) Before becoming a teacher of record, a candidate must:

(1) have a bachelor's degree with a 3.0 or higher grade point average unless the board waives the grade point average requirement based on board-adopted criteria adopted by January 1, 2016;

(2) demonstrate a passing score on a board-adopted reading, writing, and mathematics skills examination under section 122A.09, subdivision 4, paragraph (b); and

(3) obtain qualifying scores on applicable board-approved rigorous content area and pedagogy examinations under section 122A.09, subdivision 4, paragraph (e).

(c) The Board of Teaching must issue a two-year preliminary teacher license to a person who enrolls in an alternative teacher preparation program.

Subd. 2.

Characteristics.

An alternative teacher preparation program under this section must include:

(1) a minimum 200-hour instructional phase that provides intensive preparation and student teaching before the teacher candidate assumes classroom responsibilities;

(2) a research-based and results-oriented approach focused on best teaching practices to increase student proficiency and growth measured against state academic standards;

(3) strategies to combine pedagogy and best teaching practices to better inform teacher candidates' classroom instruction;

(4) assessment, supervision, and evaluation of teacher candidates to determine their specific needs throughout the program and to support their efforts to successfully complete the program;

(5) intensive, ongoing, and multiyear professional learning opportunities that accelerate teacher candidates' professional growth, support student learning, and provide a workplace orientation, professional staff development, and mentoring and peer review focused on standards of professional practice and continuous professional growth; and

(6) a requirement that teacher candidates demonstrate to the local site team under subdivision 5 satisfactory progress toward acquiring professional five-year teaching licenses from the Board of Teaching.

Subd. 3.

Program approval; disapproval.

(a) The Board of Teaching must approve alternative teacher preparation programs under this section based on board-adopted criteria that reflect best practices for alternative teacher preparation programs, consistent with this section.

(b) The board must permit teacher candidates to demonstrate mastery of pedagogy and content standards in school-based settings and through other nontraditional means. "Nontraditional means" must include a portfolio of previous experiences, teaching experience, educator evaluations, certifications marking the completion of education training programs, and essentially equivalent demonstrations.

(c) The board must use nontraditional criteria to determine the qualifications of program instructors.

(d) The board may permit instructors to hold a baccalaureate degree only.

(e) If the Board of Teaching determines that a teacher preparation program under this section does not meet the requirements of this section, it may revoke its approval of the program after it notifies the program provider of any deficiencies and gives the program provider an opportunity to remedy the deficiencies.

Subd. 4.

Employment conditions.

Where applicable, teacher candidates with a preliminary teacher license under this section are members of the local employee organization representing teachers and subject to the terms of the local collective bargaining agreement between the exclusive representative of the teachers and the school board. A collective bargaining agreement between a school board and the exclusive representative of the teachers must not prevent or restrict or otherwise interfere with a school district's ability to employ a teacher prepared under this section.

Subd. 5.

Approval for professional five-year license.

A school board or its designee must appoint members to a local site team that includes teachers, school administrators, and postsecondary faculty under subdivision 1, paragraph (a), clause (1), or staff of a participating nonprofit corporation under subdivision 1, paragraph (a), clause (2), to evaluate the performance of the teacher candidate. The evaluation must be consistent with board-adopted performance measures, use the Minnesota state standards of effective practice and subject matter content standards for teachers established in Minnesota Rules, and include a report to the board recommending whether or not to issue the teacher candidate a professional five-year teaching license.

Subd. 6.

Applicants trained in other states.

A person who successfully completes another state's alternative teacher preparation program, consistent with section 122A.23, may apply to the Board of Teaching for an initial professional one-year teaching license or a professional five-year teaching license.

Subd. 7.

Professional five-year license.

The Board of Teaching must issue a professional five-year teaching license to an otherwise qualified teacher candidate under this section who successfully performs throughout a program under this section, obtains qualifying scores on applicable board-adopted rigorous skills, pedagogy, and content area examinations under section 122A.09, subdivision 4, paragraphs (a) and (e), and is recommended for licensure under subdivision 5 or successfully demonstrates to the board qualifications for licensure under subdivision 6.

Subd. 8.

Qualified teacher.

A person holding a valid limited-term license under this section is a qualified teacher and the teacher of record under section 122A.16.

Subd. 9.

Exchange of best practices.

By July 31 in an even-numbered year, approved alternative preparation program providers, the Minnesota State Colleges and Universities, the University of Minnesota, the Minnesota Private College Council, and the Department of Education must exchange information about best practices and educational innovations.

Subd. 10.

Reports.

The Board of Teaching must submit an interim report on the efficacy of this program to the policy and finance committees of the legislature with jurisdiction over kindergarten through grade 12 education by February 15, 2013, and a final report by February 15, 2015.

122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.

Subdivision 1.

Authorization.

Notwithstanding any law or commissioner of education rule to the contrary, the Board of Teaching may allow school districts or charter schools to hire nonlicensed community experts to teach in the public schools or charter schools on a limited basis according to this section.

Subd. 2.

Applications; criteria.

The school district or charter school shall apply to the Board of Teaching for approval to hire nonlicensed teaching personnel from the community. In approving or disapproving the application for each community expert, the board shall consider:

(1) the qualifications of the community person whom the district or charter school proposes to employ;

(2) the reasons for the need for a variance from the teacher licensure requirements;

(3) the district's efforts to obtain licensed teachers, who are acceptable to the school board, for the particular course or subject area or the charter school's efforts to obtain licensed teachers for the particular course or subject area;

(4) the amount of teaching time for which the community expert would be hired;

(5) the extent to which the district or charter school is utilizing other nonlicensed community experts under this section;

(6) the nature of the community expert's proposed teaching responsibility; and

(7) the proposed level of compensation to the community expert.

Subd. 3.

Approval of plan.

The Board of Teaching shall approve or disapprove an application within 60 days of receiving it from a school district or charter school.

Subd. 4.

Background check.

A school district or charter school shall provide the Board of Teaching with confirmation that criminal background checks have been completed for all nonlicensed community experts employed by the district or charter school and approved by the Board of Teaching under this section.