Minnesota Legislature
SF 116
as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 08:37am
Current Version - as introduced
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A bill for an act
relating to education; establishing a Professional Educator Standards Board;
providing for rulemaking; appropriating money; amending Minnesota Statutes
2016, sections 122A.06, subdivisions 2, 3; 122A.18, subdivision 1; 122A.21,
subdivision 2; 214.01, subdivision 3; 214.045; proposing coding for new law in
Minnesota Statutes, chapter 122A; repealing Minnesota Statutes 2016, sections
122A.07; 122A.08; 122A.09, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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 deleted text begin Board of Teachingdeleted text end new text begin Professional Educator
Standards Boardnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2018.
new text end
Sec. 2.
Minnesota Statutes 2016, section 122A.06, subdivision 3, is amended to read:
Subd. 3.
Board.
"Board" means the deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards
Boardnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2018.
new text end
Sec. 3.
new text begin
[122A.075] PROFESSIONAL EDUCATOR STANDARDS BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
A Professional Educator Standards Board is established
and must consist of 13 members appointed by the governor with the advice and consent of
the senate. The board membership must include the following:
new text end
new text begin
(1) seven teachers licensed to teach and currently teaching in a Minnesota school, one
of whom must be a licensed early childhood education teacher;
new text end
new text begin
(2) one higher education representative who must be a faculty member preparing teachers;
new text end
new text begin
(3) one licensed school administrator currently employed by a Minnesota school or
school district;
new text end
new text begin
(4) one licensed community education director;
new text end
new text begin
(5) one human resources professional employed by a Minnesota school district;
new text end
new text begin
(6) one public member who must be a parent of a student enrolled in a Minnesota public
school; and
new text end
new text begin
(7) one public member who must be a current or former Minnesota public school board
member.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation; removal; administration. new text end
new text begin
(a) Membership terms,
removal of members, and the filling of membership vacancies are as provided in section
214.09. The terms of the initial board members must be determined by lot as follows:
new text end
new text begin
(1) five members must be appointed for terms that expire January 1, 2019;
new text end
new text begin
(2) four members must be appointed for terms that expire January 1, 2020; and
new text end
new text begin
(3) four members must be appointed for terms that expire January 1, 2021.
new text end
new text begin
Members shall not receive the daily payment under section 214.09, subdivision 3. The public
employer of a member shall not reduce the member's compensation or benefits for the
member's absence from employment when engaging in the business of the board. The
provision of staff, administrative services, and office space; the review and processing of
complaints; the setting of fees; the selection and duties of an executive secretary to serve
the board; and other provisions relating to board operations are as provided in chapter 214.
Fiscal year and reporting requirements are as provided in sections 214.07 and 214.08.
new text end
new text begin
(b) The board may reimburse local school districts for the costs of a substitute teacher
employed when a regular teacher is providing professional assistance to the state by serving
on the board or on a committee or task force appointed by the board.
new text end
new text begin Subd. 3. new text end
new text begin Vacant position. new text end
new text begin
The position of a member who leaves Minnesota or whose
employment status changes to a category different from that from which appointed shall be
deemed vacant.
new text end
new text begin Subd. 4. new text end
new text begin Meetings. new text end
new text begin
The board shall meet regularly at the times and places determined
by the board. The board shall nominate and elect a chair and other officers from its
membership. Meetings shall be called by the chair or at the written request of any three
members.
new text end
new text begin Subd. 5. new text end
new text begin Executive secretary. new text end
new text begin
The board must hire an executive secretary and other
staff. The executive secretary must be in the unclassified civil service and must not be a
member of the board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment with
the initial board members' terms starting on January 1, 2018.
new text end
Sec. 4.
Minnesota Statutes 2016, section 122A.18, subdivision 1, is amended to read:
Subdivision 1.
Authority to license.
(a) The deleted text begin Board of Teachingdeleted text end new text begin Professional Educator
Standards Board new text end must license teachers, as defined in section 122A.15, subdivision 1, except
for supervisory personnel, as defined in section 122A.15, subdivision 2.
(b) The Board of School Administrators must license supervisory personnel as defined
in section 122A.15, subdivision 2, except for athletic coaches.
(c) Licenses under the jurisdiction of deleted text begin the Board of Teaching,deleted text end the Board of School
Administratorsdeleted text begin , and the commissioner of educationdeleted text end must be issued through the licensing
section of the departmentnew text begin . Licenses under the jurisdiction of the Professional Educator
Standards Board must be issued by the boardnew text end .
(d) The deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards Boardnew 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.
(e) 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.
(f) For purposes of the data sharing agreements under paragraphs (d) and (e), the deleted text begin Board
of Teachingdeleted text end new text begin Professional Educator Standards Boardnew 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 January 1, 2018.
new text end
Sec. 5.
Minnesota Statutes 2016, section 122A.21, subdivision 2, is amended to read:
Subd. 2.
Licensure via portfolio.
(a) An eligible candidate may use licensure via portfolio
to obtain a professional five-year teaching license or to add a licensure field, consistent with
applicable deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards Boardnew text end licensure rules.
(b) A candidate for a professional five-year teaching license must submit to the deleted text begin Educator
Licensing Division at the departmentdeleted text end new text begin Professional Educator Standards Board new text end one 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 begin Educator Licensing
Division at the departmentdeleted text end new text begin Professional Educator Standards Board new text end one portfolio
demonstrating content competence.
(d) The deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards Board new 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 begin Educator Licensing Division at the departmentdeleted text end new text begin Professional Educator
Standards Board new text end must approve or disapprove the portfolio within 60 calendar days of
receiving it.
(e) A candidate must pay to the executive secretary of the deleted text begin Board of Teachingdeleted text end new text begin Professional
Educator Standards Board new 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 deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards Board new text end are nonrefundable for
applicants not qualifying for a license. The deleted text begin Board of Teachingdeleted text end new text begin Professional Educator
Standards Board new text end may waive or reduce fees for candidates based on financial need.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2018.
new text end
Sec. 6.
Minnesota Statutes 2016, section 214.01, subdivision 3, is amended to read:
Subd. 3.
Non-health-related licensing board.
"Non-health-related licensing board"
means the deleted text begin Board of Teaching established pursuant to section 122A.07deleted text end new text begin Professional Educator
Standards Board established pursuant to section 122A.075new text end , the Board of Barber Examiners
established pursuant to section 154.001, the Board of Cosmetologist Examiners established
pursuant to section 155A.20, the Board of Assessors established pursuant to section 270.41,
the Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design established pursuant to section 326.04, the Private Detective
and Protective Agent Licensing Board established pursuant to section 326.33, the Board of
Accountancy established pursuant to section 326A.02, and the Peace Officer Standards and
Training Board established pursuant to section 626.841.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2018.
new text end
Sec. 7.
Minnesota Statutes 2016, section 214.045, is amended to read:
214.045 COORDINATION WITH deleted text begin BOARD OF TEACHINGdeleted text end new text begin THE PROFESSIONAL
EDUCATOR STANDARDS BOARDnew text end .
The commissioner of health and the health-related licensing boards must coordinate
with the deleted text begin Board of Teachingdeleted text end new text begin Professional Educator Standards Board new 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 January 1, 2018.
new text end
Sec. 8. new text begin TRANSFER OF POWERS AND DUTIES TO THE PROFESSIONAL
EDUCATOR STANDARDS BOARD.
new text end
new text begin
(a) The powers, duties, and responsibilities of the Board of Teaching with respect to
licensed teachers as defined in Minnesota Statutes, section 122A.15, subdivision 1, excluding
supervisory personnel as defined in Minnesota Statutes, section 122A.15, subdivision 2,
are transferred to the Professional Educator Standards Board.
new text end
new text begin
(b) The powers, duties, and responsibilities of the Educator Licensing Division of the
Department of Education with respect to licensed teachers as defined in Minnesota Statutes,
section 122A.15, subdivision 1, are transferred to the Professional Educator Standards
Board.
new text end
Sec. 9. new text begin APPROPRIATION; PROFESSIONAL EDUCATOR STANDARDS BOARD.
new text end
new text begin
The sums indicated in this section are appropriated from the general fund to the
Professional Educator Standards Board for the years designated:
new text end
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
..... new text end |
new text begin
2018 new text end |
|
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
..... new text end |
new text begin
2019 new text end |
Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
In Minnesota Statutes and Minnesota Rules, the revisor of statutes shall substitute the
term "Professional Educator Standards Board" for "Board of Teaching" or "board" 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
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, sections 122A.07; 122A.08; and 122A.09, subdivision 3,
new text end
new text begin
are
repealed effective January 1, 2018.
new text end
APPENDIX
Repealed Minnesota Statutes: 17-1296
122A.07 BOARD OF TEACHING MEMBERSHIP.
Subdivision 1.
Appointment of members.
The Board of Teaching consists of 11 members 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.
Except 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. 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) six teachers who are currently teaching in a Minnesota school or who were teaching at the time of the appointment and who do not qualify under clause (2) or (3), at least four of whom must be teaching in a public school;
(2) one higher education representative, who must be a faculty member preparing teachers;
(3) one school administrator; and
(4) three members of the public, two of whom must be present or former members of school boards.
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.
Administration, terms, compensation; removal; vacancies.
The provision of staff, administrative services and office space; the review and processing of complaints; the setting of fees; the selection and duties of an executive secretary to serve the board; and other provisions relating to board operations are as provided in chapter 214. 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.
Subd. 5.
District reimbursement for costs of substitute teachers.
The board 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.
122A.08 MEETINGS.
Subdivision 1.
Meetings.
The Board of Teaching 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 secretary.
The Board of Teaching must have an executive secretary who is in the unclassified civil service and who is not a member of the board.
122A.09 DUTIES.
Subd. 3.
Election of chair and officers.
The board shall elect a chair and such other officers as it may deem necessary.