Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 251-H.F.No. 412 
           An act relating to education; changing the definitions 
          of teachers and of supervisory and support personnel 
          for the purpose of licensure; clarifying and changing 
          the kinds of personnel licensed by the board of 
          teaching, the state board of vocational technical 
          education, and the state board of education; changing 
          the composition of the board of teaching; placing 
          certain limits on the board of teaching; making 
          stylistic changes; amending Minnesota Statutes 1988, 
          sections 125.03, subdivisions 1 and 4; 125.05, 
          subdivisions 1, 2, and by adding a subdivision; 
          125.08; and 125.183, subdivisions 1 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 125.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  The term "teachers" for the purpose of 
licensure, means and includes any and all persons employed in a 
public school or education district or by an ECSU as members of 
the instructional and, supervisory, and support staff such as 
including superintendents, principals, supervisors, secondary 
vocational and other classroom teachers, and librarians, 
counselors, school psychologists, school nurses, school social 
workers, audio-visual directors and coordinators, recreation 
personnel, media generalists, media supervisors, and speech 
therapists. 
    Sec. 2.  Minnesota Statutes 1988, section 125.03, 
subdivision 4, is amended to read: 
    Subd. 4.  "Supervisory and support personnel" for the 
purpose of licensure means:  superintendents;, principals;, 
and professional employees who devote 50 percent or more of 
their time to administrative or supervisory duties over other 
personnel, and includes athletic coaches; counselors; school 
nurses; athletic coaches; and other professional employees who 
engage primarily in nonclassroom activities.  The term does not 
include:  librarians; school psychologists; school social 
workers; audio-visual directors and coordinators; recreation 
personnel; media generalists; media supervisors; or speech 
therapists.  
    Sec. 3.  Minnesota Statutes 1988, section 125.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [QUALIFICATIONS.] The authority to license 
teachers as defined in section 125.03, subdivision 1, is vested 
in the board of teaching except that the authority to license 
supervisory and support personnel as defined in section 125.03, 
subdivision 4, is vested in the state board of education.  The 
authority to license post-secondary vocational and adult 
vocational teachers, support personnel, and supervisory 
personnel in technical institutes is vested in the state board 
of vocational technical education according to section 136C.04, 
subdivision 9.  Licenses shall must be issued to such persons 
as the board of teaching or the state board of education finds 
to be competent for their respective positions.  For teachers, 
as defined in section 125.03, subdivision 5, competency includes 
successful completion of an examination of skills in reading, 
writing, and mathematics for persons applying for initial 
licenses.  Qualifications of teachers and other professional 
employees except supervisory and support personnel shall must be 
determined by the board of teaching under the rules it 
promulgates adopts.  Licenses under the jurisdiction of the 
board of teaching shall must be issued through the licensing 
section of the department of education.  Licenses under the 
jurisdiction of the state board of education shall must be 
issued through the licensing section of the department of 
education.  
    Sec. 4.  Minnesota Statutes 1988, section 125.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXPIRATION AND RENEWAL.] Each license issued 
through the licensing section of the department of education 
shall must bear the date of issue.  Licenses shall must expire 
and be renewed in accordance with the respective 
rules promulgated adopted by the board of teaching or the state 
board of education.  Renewal Requirements for the renewal of a 
license shall must include the production of satisfactory 
evidence of successful teaching 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 the completion of 
such additional preparation as the board of teaching shall 
prescribe.  Requirements for the renewal of the licenses of 
supervisory and support personnel shall must be established by 
the state board of education.  
    Sec. 5.  Minnesota Statutes 1988, section 125.05, is 
amended by adding a subdivision to read:  
    Subd. 7.  [LIMIT ON FIELDS OF LICENSURE.] Unless the action 
of the board of teaching is approved by specific law, the board 
may not, after July 1, 1989: 
    (1) develop additional fields of licensure; 
    (2) divide existing fields of licensure; or 
    (3) extend any licensure requirements to any duties that 
could be performed on March 15, 1989, without a license.  
    The board may establish fields for provisional licensure, 
but shall submit each field to the legislature for approval.  If 
approval by specific law is not obtained within one year after 
the provisional license is established, the board shall 
discontinue the field of provisional licensure. 
    Sec. 6.  Minnesota Statutes 1988, section 125.08, is 
amended to read: 
    125.08 [TEACHERS' AND ADMINISTRATORS' LICENSES, FEES.] 
    Each application for the issuance, renewal, or extension of 
a license to teach shall must be accompanied by a processing fee 
in an amount set by the board of teaching by rule.  Each 
application for the issuance, renewal, or extension of a license 
as supervisory or support personnel shall must be accompanied by 
a processing fee in an amount set by the state board of 
education by rule.  The processing fee for a teacher's 
license shall must be paid to the executive secretary of the 
board of teaching.  The processing fee for the licenses of 
supervisory and support personnel shall must be paid to the 
commissioner.  The executive secretary of the board of teaching 
and the commissioner shall deposit the fees with the state 
treasurer, as provided by law, and report each month to the 
commissioner of finance the amount of fees collected.  The fees 
as set by the boards shall be are nonrefundable for applicants 
not qualifying for a license, provided.  However, that a fee 
shall must be refunded by the state treasurer in any case in 
which the applicant already holds a valid unexpired license.  
The boards may waive or reduce fees for applicants who apply at 
the same time for more than one license, even if the licenses 
are under the jurisdiction of different boards.  
    Sec. 7.  Minnesota Statutes 1988, section 125.183, 
subdivision 1, is amended to read: 
    Subdivision 1.  A The board of teaching consisting consists 
of 15 11 members appointed by the governor is hereby established.
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09.  No member shall may be reappointed for more than one 
additional term. 
    Sec. 8.  Minnesota Statutes 1988, section 125.183, 
subdivision 3, is amended to read: 
    Subd. 3.  [MEMBERSHIP.] Except for the representatives of 
higher education and the public, to be eligible for appointment 
to the board of teaching a person must be 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 shall must be composed of one teacher 
whose responsibilities are those either of a librarian, 
psychologist, remedial reading teacher, speech therapist, or 
vocational teacher, three elementary school classroom teachers, 
three secondary: 
    (1) six classroom teachers,; 
    (2) one higher education representative, from a higher 
education who must be a faculty member preparing teachers; 
    (3) one school administrator; and six 
    (4) three members of the public, two of whom shall must be 
present or former members of local school boards.  Each nominee 
other than a public nominee shall be selected on the basis of 
professional experience, and knowledge of teacher education, 
accreditation and licensure. 
    Sec. 9.  [TIME OF EFFECT.] 
    The changes in the composition of the board of teaching 
required by section 8 must be made as soon as possible after the 
effective date of section 8 as vacancies occur or terms of 
members expire. 
    Presented to the governor May 22, 1989 
    Signed by the governor May 25, 1989, 5:30 p.m.