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Minnesota Legislature

Office of the Revisor of Statutes

8710.0310 DEFINITIONS AND GENERAL RULES FOR TEACHING LICENSES.

Subpart 1.

Definitions.

A.

For the purposes of parts 8710.0310 to 8710.0330, the terms in this subpart have the meanings given them.

B.

"Assignment" means the course or courses taught in a school for which students are granted credit.

C.

"Board" means the Professional Educator Licensing and Standards Board.

D.

"Cultural competency training" means a training program that promotes self-reflection and discussion including but not limited to all of the following topics: racial, cultural, and socioeconomic groups; American Indian and Alaskan native students; religion; systemic racism; gender identity, including transgender students; sexual orientation; language diversity; and individuals with disabilities and mental health concerns. Training programs must be designed to deepen teachers' understanding of their own frames of reference, the potential bias in these frames, and their impact on expectations for and relationships with students, students' families, and the school communities, consistent with part 8710.2000, subpart 4, and Minnesota Statutes, section 120B.30, subdivision 1, paragraph (q).

E.

"District" means a school district or a charter school.

F.

"Field-specific methods" means differentiated instructional strategies targeting content and pedagogy for a singular licensure area to enable student learning.

G.

"Good cause" means:

(1)

the applicant is unable to meet the requirements of a higher licensure tier due to a lack of a board-approved teacher preparation program in the licensure area;

(2)

the position is a full-time equivalency of 0.1 or less; or

(3)

the applicant demonstrates to the board barriers to reaching a higher licensure tier. Barriers may include but are not limited to financial burdens to obtaining a higher tiered license, inability to pass licensure exams, or lack of geographic proximity to teacher preparation.

H.

"Innovative program" means a school within a district that is either a state-approved area learning center or an alternative learning program or provides a school board resolution designating the school as an innovative program, including the reason for the designation.

I.

"Licensure area" or "licensure field" means the content taught for which standards have been adopted in Minnesota Rules.

J.

"Mentorship program" means a program that meets the following criteria:

(1)

a yearlong collaborative relationship with an experienced Tier 3 or 4 mentor teacher who is not currently on an improvement plan and voluntarily agrees to mentor the mentee teacher;

(2)

the mentor has access to resources or training, develops common expectations for the mentorship experience, and encourages the mentee to select areas for growth over the course of the year;

(3)

consists of sessions no less than once per month that focus on building a collaborative relationship with a focus on the exchange of knowledge, skills, and experiences, including the needs and questions of the mentee; and

(4)

the sessions include discussion of:

(a)

effective strategies to engage students;

(b)

classroom management strategies that reflect an understanding of the stages of child development;

(c)

the educational rights of students and their diverse needs and experiences;

(d)

school policies and practices, including appropriate boundaries and data privacy; and

(e)

how student learning data can be used to improve classroom planning and instruction.

K.

"Professional license from another state" means a professional teaching license issued by the responsible state agency of another state and required by the law of that state for an individual to teach in a public school, but does not include an emergency, temporary, or substitute teaching license.

L.

"Related services professional" means a teacher who holds a license issued by the board consistent with Minnesota Statutes, section 122A.06, subdivision 2, and who meets the requirements for a license issued pursuant to parts 8710.6000 to 8710.6400.

M.

"Student teaching" means a minimum of 12 weeks full time, or the equivalent, when an individual enrolled in a teacher preparation program assumes teacher responsibilities while working with a cooperating teacher who holds a Tier 3 or 4 license or a professional license from another state in the subject area and a provider supervisor to practice and demonstrate the necessary development of the individual's knowledge, skills, and dispositions to become a teacher. A student teaching experience includes observation, feedback, and evaluation from the cooperating teacher and provider supervisor.

N.

"Teacher of record" means an individual who is responsible for the planning, instruction, and assessment of students in a classroom and authorized to grant students credit for meeting standards attributed to the content taught, or is part of a co-teaching assignment and has shared responsibility for planning, instruction, and assessment of students in a classroom.

O.

"Teacher preparation program" means a program approved by the board or the state where the program resides that trains candidates in educational pedagogy and content-specific pedagogy for any subset of the scope of licensure for students from birth to 21 years of age.

P.

"Teaching license" or "teacher license" means a license that permits an individual to be a teacher of record. This includes Tier 1, Tier 2, Tier 3, and Tier 4 licenses issued under parts 8710.0311 to 8710.0314.

Subp. 2.

Teaching licenses, in general.

A.

Teaching licenses must be granted by the board to applicants who meet all requirements of applicable statutes and rules.

B.

An applicant must qualify separately for each licensure area for which an application is made.

C.

A license becomes valid on the date issued by the board and expires on June 30 of the expiration year. A Tier 1 or Tier 2 license, out-of-field permission, or innovative program permission can be used until September 1 after the date of expiration if the placement is in a summer school program at the district aligned to the license or is part of a year-round school at the district aligned to the licensure area.

D.

The board must request a criminal history background check be performed by the Bureau of Criminal Apprehension consistent with Minnesota Statutes, section 122A.18, subdivision 8, upon an individual applying for a teaching license or substitute license for the first time. Upon renewal of a teaching license or substitute license, the board must perform a new background check on the license holder that includes a review for national arrests, charges, and convictions if a background check has not been completed on the license holder within the last five years.

E.

All applicants for licensure and license renewals are subject to a conduct review performed by the board. The board may refuse to issue a license or deny a license renewal based on the results of the conduct review. An applicant who is denied a license or license renewal as a result of the conduct review may appeal the board's decision pursuant to subpart 6.

Subp. 3.

Addition to a Tier 3 or 4 license.

When a licensure area is added to a Tier 3 or 4 license issued under parts 8710.0313 and 8710.0314, the expiration date is the date previously established for the Tier 3 or 4 license in effect.

Subp. 4.

Movement between tiers.

Teachers may apply to obtain a license in a higher licensure tier at any time after the requirements for the higher tier have been met. The teacher must be granted the license under a higher tier upon review and approval by the board pursuant to the rules established for the license sought.

Subp. 5.

Multiple expiration dates.

If a license holder has completed and verified the renewal requirements for a currently held Tier 3 or 4 license issued under parts 8710.0313 and 8710.0314, the license holder may renew a currently held Tier 3 or 4 license up to one year before the expiration date for the purpose of consolidating multiple expiration dates of any Tier 3 or 4 licenses held into one expiration date. The consolidation of multiple expiration dates must be consolidated within a single tier.

Subp. 6.

Appeal.

An applicant who is denied a teaching license by the board or who is issued a license under a different licensure tier than what was sought may appeal the board's decision under part 8710.0900 and Minnesota Statutes, chapter 14, and section 122A.188.

Subp. 7.

Licenses issued in error.

A license issued in error to a person who does not qualify for the license must be corrected without charge to the license holder, and the corrections must be made without a hearing under part 8710.0900 and Minnesota Statutes, chapter 14. A license issued in error is not valid.

Subp. 8.

Report.

The board must issue an annual report by September 1 that summarizes the previous fiscal year's Tier 1, 2, 3, and 4 licenses and out-of-field and innovative program permissions, organized by licensure field, race and ethnicity, and district.

Statutory Authority:

MS s 122A.09

History:

43 SR 463

Published Electronically:

October 30, 2018