1997 Minnesota Statutes

CHAPTER 125. Teachers

   125.01 Definitions.  

    For purposes of this chapter, except for section 125.17, 
 the teacher tenure act for cities of the first class, the words 
 defined in section 120.02 have the same meaning.  

    HIST: Ex1959 c 71 art 6 s 1 

   125.02 General control of schools.  

    The teacher shall have the general control and government 
 of the school.  When more than one teacher is employed in any 
 district, one of the teachers may be designated by the board as 
 principal and shall have the general control and supervision of 
 the schools of the district, subject to the general supervisory 
 control of the board and other officers.  

    HIST: Ex1959 c 71 art 6 s 2 

   125.03 Teachers, supervisory and support personnel, 
  definitions, licensure. 

    Subdivision 1.  The term "teachers" for the purpose of 
 licensure, means all persons employed in a public school or 
 education district or by a SC as members of the instructional, 
 supervisory, and support staff including superintendents, 
 principals, supervisors, secondary vocational and other 
 classroom teachers, librarians, counselors, school 
 psychologists, school nurses, school social workers, 
 audio-visual directors and coordinators, recreation personnel, 
 media generalists, media supervisors, and speech therapists. 

    Subd. 2.  Repealed, 1975 c 162 s 42 

    Subd. 3.  Repealed, 1975 c 162 s 42 

    Subd. 4.  "Supervisory 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.  

    Subd. 5. Repealed, 1992 c 499 art 8 s 35 

    Subd. 6.    Assessment professionals.  When a school 
 board of a school district with 10,000 pupils or more in average 
 daily membership employs a person to administer or interpret 
 individual aptitude, intelligence or personality tests, the 
 person must hold a graduate level degree related to 
 administering and interpreting psychological assessments. 

    HIST: 1959 c 700 s 3-5; Ex1959 c 71 art 6 s 3; 1975 c 162 s 
 31; 1976 c 222 s 10,208; 1980 c 345 s 1; 1Sp1985 c 12 art 8 s 
 18; 1987 c 398 art 7 s 28; 1989 c 251 s 1,2; 1994 c 647 art 7 s 
 5; 1996 c 305 art 1 s 138 

     125.031 Licensure exemption for technical college 
  instructors teaching less than 61 hours a fiscal year. 

    Notwithstanding section 125.03, subdivision 1, a person who 
 teaches in a part-time vocational technical education program 
 not more than 61 hours per fiscal year is exempt from a license 
 requirement. 

    HIST: 1980 c 609 art 5 s 18; 1984 c 654 art 4 s 10; 1985 c 122 
 s 2; 1987 c 258 s 12; 1989 c 246 s 2 

     125.032 Licensure; community education instructors. 

    Subdivision 1.    Exemption.  Notwithstanding the 
 provisions of any law to the contrary and except as otherwise 
 provided in this section, a person who teaches in a community 
 education program established pursuant to sections 121.85 to 
 121.88 is exempt from all licensure requirements.  

    Subd. 2.    Exceptions.  A person who teaches in a 
 community education program which qualifies for aid pursuant to 
 section 124.26 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 124.2713 or early childhood and family 
 education aid pursuant to section 124.2711 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 board of teaching 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 125.12, subdivision 1, or 
 125.17, subdivision 1, clause (a).  

    HIST: 1983 c 314 art 7 s 27; 1984 c 463 art 4 s 4; 1991 c 199 
 art 2 s 13; 1993 c 224 art 12 s 21 

   125.04 Qualified teacher defined. 

    A qualified teacher is one holding a valid license, as 
 hereinafter provided, to perform the particular service for 
 which employed in a public school. 

    HIST: Ex1959 c 71 art 6 s 4; 1973 c 749 s 1; 1976 c 222 s 
 11,208; 1986 c 444 

   125.05 Board to issue licenses. 

    Subdivision 1.    Authority to license.  (a) The board 
 of teaching shall license teachers, as defined in section 
 125.03, subdivision 1, except for supervisory personnel, as 
 defined in section 125.03, subdivision 4. 

    (b) The state board of education shall license supervisory 
 personnel as defined in section 125.03, subdivision 4.  

    (c) Licenses under the jurisdiction of the board of 
 teaching and the state board of education must be issued through 
 the licensing section of the department of children, families, 
 and learning. 

    Subd. 1a.    Teacher and support personnel qualifications. 
  (a) The board of teaching shall issue licenses under its 
 jurisdiction to persons the board finds to be qualified and 
 competent for their respective positions. 

    (b) The board shall require a person to successfully 
 complete an examination of skills in reading, writing, and 
 mathematics before being granted an initial teaching license to 
 provide direct instruction to pupils in prekindergarten, 
 elementary, secondary, or special education programs.  The board 
 shall require colleges and universities offering a board 
 approved teacher preparation program to provide remedial 
 assistance that includes a formal diagnostic component to 
 persons enrolled in their institution who did not achieve a 
 qualifying score on the skills examination, including those for 
 whom English is a second language.  The colleges and 
 universities must provide assistance in the specific academic 
 areas of deficiency in which the person did not achieve a 
 qualifying score.  School districts must provide similar, 
 appropriate, and timely remedial assistance that includes a 
 formal diagnostic component and mentoring to those persons 
 employed by the district who completed their teacher education 
 program outside the state of Minnesota, received a one-year 
 license to teach in Minnesota and did not achieve a qualifying 
 score on the skills examination, including those persons for 
 whom English is a second language. 

    (c) A person who has completed an approved teacher 
 preparation program and obtained a one-year license to teach, 
 but has not successfully completed the skills examination, may 
 renew the one-year license for two additional one-year periods.  
 Each renewal of the one-year license is contingent upon the 
 licensee: 

    (1) providing evidence of participating in an approved 
 remedial assistance program provided by a school district or 
 post-secondary institution that includes a formal diagnostic 
 component in the specific areas in which the licensee did not 
 obtain qualifying scores; and 

    (2) attempting to successfully complete the skills 
 examination during the period of each one-year license. 

    (d) The board of teaching shall grant continuing licenses 
 only to those persons who have met board criteria for granting a 
 continuing license, which includes successfully completing the 
 skills examination in reading, writing, and mathematics. 

    (e) All colleges and universities approved by the board of 
 teaching to prepare persons for teacher licensure shall include 
 in their teacher preparation programs a common core of teaching 
 knowledge and skills to be acquired by all persons recommended 
 for teacher licensure.  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. 

    Subd. 1b. Repealed, 1993 c 374 s 18 

    Subd. 1c.    Supervisory and coach qualifications; code of 
 ethics.  The state board of education shall issue licenses 
 under its jurisdiction to persons the state board finds to be 
 qualified and competent for their respective positions under the 
 rules it adopts.  The state board of education 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. 

    Subd. 2.    Expiration and renewal.  (a) Each license 
 the department of children, families, and learning issues 
 through its licensing section must bear the date of issue.  
 Licenses must expire and be renewed according to the respective 
 rules the board of teaching or the state board of education 
 adopts.  Requirements for renewing a license must include 
 showing 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 
 completing such additional preparation as the board of teaching 
 prescribes.  The state board of education shall establish 
 requirements for renewing the licenses of supervisory personnel. 

    (b) The board of teaching shall offer alternative 
 continuing relicensure options 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.  

    Subd. 3.    Effective date.  Nothing contained herein 
 shall be construed as affecting the validity of a permanent 
 certificate or license issued prior to July 1, 1969. 

    Subd. 4.    Human relations.  The board of teaching and 
 the state board of education shall accept training programs 
 completed through Peace Corps, VISTA, or Teacher Corps in lieu 
 of completion of the human relations component of the training 
 program for purposes of issuing or renewing a license in 
 education.  

    Subd. 5. Repealed, 1Sp1985 c 12 art 7 s 33 

    Subd. 6.    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 shall be 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. 

    Subd. 7. Repealed, 1Sp1995 c 3 art 8 s 26 

    Subd. 8.    Background checks.  (a) The board of 
 teaching and the state board of education shall request a 
 criminal history background check from the superintendent of the 
 bureau of criminal apprehension on all applicants for initial 
 licenses under their jurisdiction.  An application for a license 
 under this section must be accompanied by: 

    (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 maintained in 
 the criminal justice information system computers and shall also 
 conduct a search of the national criminal records repository, 
 including the criminal justice data communications network.  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 board of teaching or the state board of education 
 may issue a license pending completion of a background check 
 under this subdivision, but shall notify the individual that the 
 individual's license may be revoked based on the result of the 
 background check. 

    Subd. 9.    Teacher licenses.  The board of teaching may 
 issue teacher licenses under the licensure rules in place on 
 July 31, 1996. 

    HIST: Ex1959 c 71 art 6 s 5; 1969 c 435 s 1,3; 1973 c 749 s 
 2,3; 1975 c 271 s 6; 1976 c 222 s 12,27,208; 1977 c 347 s 20; 
 1978 c 706 s 37; 1980 c 345 s 2,3; 1982 c 448 s 1; 1983 c 314 
 art 7 s 28; 1Sp1985 c 12 art 7 s 21; art 8 s 19; 1987 c 398 art 
 7 s 29; 1989 c 246 s 2; 1989 c 251 s 3-5; 1990 c 375 s 3; 1992 c 
 499 art 8 s 8-12; 1993 c 224 art 7 s 17; art 8 s 7; 1993 c 374 s 
 27; 1994 c 647 art 8 s 14; 1995 c 212 art 4 s 64; 1995 c 226 art 
 3 s 6; 1Sp1995 c 3 art 16 s 13; 1996 c 412 art 9 s 7,8; art 13 s 
 19; 1Sp1997 c 4 art 5 s 16,17 

  125.055 Repealed, 1985 c 122 s 11 

   125.06 Applicants trained in other states. 

    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 or the 
 state board of education, whichever has jurisdiction, 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, 
 granted by virtue of the completion of a course in teacher 
 preparation essentially equivalent in content to that required 
 by such Minnesota state university or the University of 
 Minnesota or a liberal arts university in Minnesota or a 
 technical training institution as preliminary to the granting of 
 a diploma or a degree of the same rank and class. 

    HIST: Ex1959 c 71 art 6 s 6; 1965 c 196 s 1; 1973 c 749 s 4; 
 1975 c 271 s 6; 1975 c 321 s 2; 1976 c 222 s 13,27,208; 1980 c 
 345 s 4 

  125.061 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.062 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.065 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.066 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   125.07 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.07 MS 1967 Repealed, 1969 c 435 s 2 

  125.071 Expired 

   125.08 Teachers' and administrators' licenses, fees. 

    Each application for the issuance, renewal, or extension of 
 a license to teach 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 personnel 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 must be paid to the 
 executive secretary of the board of teaching.  The processing 
 fee for the licenses of supervisory personnel 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 are nonrefundable for applicants not 
 qualifying for a license.  However, a fee 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.  

    HIST: Ex1959 c 71 art 6 s 8; 1967 c 217 s 1; 1973 c 492 s 14; 
 1973 c 749 s 5; 1974 c 488 s 1; 1975 c 271 s 6; 1976 c 163 s 7; 
 1976 c 222 s 14,27,208; 1977 c 444 s 7; 1977 c 447 art 7 s 20; 
 1980 c 345 s 5; 1989 c 251 s 6 

   125.09 Suspension or revocation of licenses. 

    Subdivision 1.    Grounds for revocation, suspension, or 
 denial.  The board of teaching or the state board of 
 education, 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, which complaint shall specify the nature and 
 character of the charges, 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; or 

    (4) Failure to meet licensure requirements; or 

    (5) Fraud or misrepresentation in obtaining a license. 

    For purposes of this subdivision, the board of teaching is 
 delegated the authority to suspend or revoke coaching licenses 
 under the jurisdiction of the state board of education. 

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3.  Repealed, 1976 c 222 s 209 

    Subd. 4.    Mandatory reporting.  A school board shall 
 report to the board of teaching, the state board of education, 
 or the board of trustees of the Minnesota state colleges and 
 universities, whichever has jurisdiction over the teacher's 
 license, when its teacher is discharged or resigns from 
 employment after a charge is filed with the school board under 
 section 125.17, subdivisions 4, clauses (1), (2), and (3), and 
 5, or after charges are filed that are ground for discharge 
 under section 125.12, subdivision 8, clauses (a), (b), (c), (d), 
 and (e), or when a teacher is suspended or resigns while an 
 investigation is pending under section 125.12, subdivision 8, 
 clauses (a), (b), (c), (d), and (e); 125.17, subdivisions 4, 
 clauses (1), (2), and (3), and 5; or 626.556.  The report must 
 be made to the board within ten days after the discharge, 
 suspension, or resignation has occurred.  The board to which the 
 report is made shall investigate the report for violation of 
 subdivision 1 and the reporting school board shall 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 teacher's license, 
 a school board or school superintendent shall provide the 
 licensing board with information about the teacher from the 
 school 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 school board or school superintendent may, at the 
 discretion of the school 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 school district.  Any 
 data transmitted to any board under this section shall be 
 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 board to which a report is made shall 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 license within 45 days of receiving a 
 stipulation executed by the teacher under investigation or a 
 recommendation from an administrative law judge that 
 disciplinary action be taken. 

    Subd. 5.    Immunity from liability.  A school board, 
 its members in their official capacity, and employees of the 
 school district run by the board are immune from civil or 
 criminal liability for reporting or cooperating as required 
 under subdivision 4, if their actions required under subdivision 
 4 are done in good faith and with due care. 

    HIST: Ex1959 c 71 art 6 s 9; Ex1967 c 25 s 6; 1969 c 869 s 1; 
 1971 c 155 s 1; 1973 c 749 s 6; 1975 c 271 s 6; 1976 c 222 s 
 15,27,208; 1980 c 345 s 6; 1986 c 444; 1989 c 97 s 1,2; 1990 c 
 375 s 3; 1991 c 265 art 9 s 44; 1994 c 647 art 8 s 15; 1995 c 
 226 art 3 s 7; 1996 c 412 art 13 s 20 

  125.091 MS 1957 Renumbered 129.01 

  125.095 MS 1957 Renumbered 129.02 

  125.096 MS 1957 Renumbered 129.03 

  125.097 MS 1957 Renumbered 129.04 

  125.098 MS 1957 Renumbered 129.05 

   125.10 Outstanding certificates not impaired.  

    No provision or rule adopted by the state board shall 
 affect the validity of certificates or licenses to teach in 
 force on May 1, 1949, or the rights and privileges of the 
 holders by virtue thereof, save that any such certificate or 
 license may be suspended or revoked for any of the causes and by 
 the procedures specified by law.  

    HIST: Ex1959 c 71 art 6 s 10; 1985 c 248 s 70 

   125.11 Recording of licenses; district superintendent. 

    No person shall be accounted a qualified teacher until such 
 person has filed for record with the district superintendent 
 where such person intends to teach a license, or certified copy 
 thereof, authorizing such person to teach school in such 
 district school system. 

    HIST: Ex1959 c 71 art 6 s 11; 1975 c 162 s 32; 1976 c 222 s 
 16,208 

   125.12 Employment; contracts, termination. 

    Subdivision 1.    Teacher defined.  A principal, 
 supervisor, and classroom teacher and any other professional 
 employee required to hold a license from the state department 
 shall be deemed to be a "teacher" within the meaning of this 
 section.  A superintendent is a "teacher" only for purposes of 
 subdivisions 2 and 14. 

    Subd. 1a.    Nonprovisional license defined.  For 
 purposes of this section, "nonprovisional license" shall mean an 
 entrance, continuing, or life license.  

    Subd. 2.    Hiring, dismissing.  School boards shall 
 hire or dismiss teachers at duly called meetings.  Where a 
 husband and wife, brother and sister, or two brothers or 
 sisters, constitute a quorum, no contract employing a teacher 
 shall be made or authorized except upon the unanimous vote of 
 the full board.  No teacher related by blood or marriage, within 
 the fourth degree, computed by the civil law, to a board member 
 shall be employed except by a unanimous vote of the full board.  
 The initial employment of the teacher in the district shall be 
 by written contract, signed by the teacher and by the chair and 
 clerk.  All subsequent employment of the teacher in the district 
 shall be by written contract, signed by the teacher and by the 
 chair and clerk, except where there is a master agreement 
 covering the employment of the teacher.  Contracts for teaching 
 or supervision of teaching can be made only with qualified 
 teachers.  No teacher shall be required to reside within the 
 employing school district as a condition to teaching employment 
 or continued teaching employment. 

    Subd. 2a.    Employment in supervisory positions.  
 Notwithstanding other law, a teacher, as defined in section 
 179A.03, does not have a right to employment in a district as an 
 assistant superintendent, as a principal defined in section 
 179A.03, as a confidential or supervisory employee defined in 
 section 179A.03, or in a position that is a promotion from the 
 position currently held, based on seniority, seniority date, or 
 order of employment by the district; provided that this 
 provision shall not alter the reinstatement rights of an 
 individual who is placed on leave from an assistant 
 superintendent, principal or assistant principal, or supervisory 
 or confidential employee position pursuant to this chapter.  

    Subd. 3.    Probationary period.  The first three 
 consecutive years of a teacher's first teaching experience in 
 Minnesota in a single school district shall be deemed to be a 
 probationary period of employment, and after completion thereof, 
 the probationary period in each school district in which the 
 teacher is thereafter employed shall be one year.  The school 
 board shall adopt a plan for written evaluation of teachers 
 during the probationary period.  Evaluation shall occur at least 
 three times each year for a teacher performing services on 120 
 or more school days, at least two times each year for a teacher 
 performing services on 60 to 119 school days, and at least one 
 time each year for a teacher performing services on fewer than 
 60 school days.  Days devoted to parent-teacher conferences, 
 teachers' workshops, and other staff development opportunities 
 and days on which a teacher is absent from school shall not be 
 included in determining the number of school days on which a 
 teacher performs services.  During the probationary period any 
 annual contract with any teacher may or may not be renewed as 
 the school board shall see fit; provided, however, that the 
 school board shall give any such teacher whose contract it 
 declines to renew for the following school year written notice 
 to that effect before June 1.  If the teacher requests reasons 
 for any nonrenewal of a teaching contract, the school board 
 shall give the teacher its reason in writing, including a 
 statement that appropriate supervision was furnished describing 
 the nature and the extent of such supervision furnished the 
 teacher during the employment by the board, within ten days 
 after receiving such request.  The school board may, after a 
 hearing held upon due notice, discharge a teacher during the 
 probationary period for cause, effective immediately, under 
 section 123.35, subdivision 5. 

    Subd. 3a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 3b.    Peer review for probationary teachers.  A 
 school board and an exclusive representative of the teachers in 
 the district shall develop a probationary teacher peer review 
 process through joint agreement. 

    Subd. 4.    Termination of contract after probationary 
 period.  A teacher who has completed a probationary period in 
 any school district, and who has not been discharged or advised 
 of a refusal to renew the teacher's contract pursuant to 
 subdivision 3, shall have a continuing contract with such 
 district.  Thereafter, the teacher's contract shall remain in 
 full force and effect, except as modified by mutual consent of 
 the board and the teacher, until terminated by a majority roll 
 call vote of the full membership of the board prior to April 1 
 upon one of the grounds specified in subdivision 6 or prior to 
 June 1 upon one of the grounds specified in subdivision 6a or 
 6b, or until the teacher is discharged pursuant to subdivision 
 8, or by the written resignation of the teacher submitted prior 
 to April 1; provided, however, that if an agreement as to the 
 terms and conditions of employment for the succeeding school 
 year has not been adopted pursuant to the provisions of sections 
 179A.01 to 179A.25 prior to March 1, the teacher's right of 
 resignation shall be extended to the 30th calendar day following 
 the adoption of said contract in compliance with section 
 179A.20, subdivision 5.  Such written resignation by the teacher 
 shall be effective as of June 30 if submitted prior to that date 
 and the teachers' right of resignation for the school year then 
 beginning shall cease on July 15.  Before a teacher's contract 
 is terminated by the board, the board shall notify the teacher 
 in writing and state its ground for the proposed termination in 
 reasonable detail together with a statement that the teacher may 
 make a written request for a hearing before the board within 14 
 days after receipt of such notification.  If the grounds are 
 those specified in subdivision 6 or 8, the notice must also 
 state a teacher may request arbitration under subdivision 9a.  
 Within 14 days after receipt of this notification the teacher 
 may make a written request for a hearing before the board or an 
 arbitrator and it shall be granted upon reasonable notice to the 
 teacher of the date set for hearing, before final action is 
 taken.  If no hearing is requested within such period, it shall 
 be deemed acquiescence by the teacher to the board's action.  
 Such termination shall take effect at the close of the school 
 year in which the contract is terminated in the manner 
 aforesaid.  Such contract may be terminated at any time by 
 mutual consent of the board and the teacher and this section 
 shall not affect the powers of a board to suspend, discharge, or 
 demote a teacher under and pursuant to other provisions of law. 

    Subd. 4a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 
 22 

    Subd. 4b.    Peer review for continuing contract teachers. 
  A school board and an exclusive representative of the 
 teachers in the district shall develop a peer review process for 
 continuing contract teachers through joint agreement. 

    Subd. 5. Repealed, 1987 c 284 art 2 s 9 

    Subd. 6.    Grounds for termination.  A continuing 
 contract may be terminated, effective at the close of the school 
 year, upon any of the following grounds: 

    (a) Inefficiency; 

    (b) Neglect of duty, or persistent violation of school 
 laws, rules, regulations, or directives; 

    (c) Conduct unbecoming a teacher which materially impairs 
 the teacher's educational effectiveness; 

    (d) Other good and sufficient grounds rendering the teacher 
 unfit to perform the teacher's duties. 

    A contract shall not be terminated upon one of the grounds 
 specified in clause (a), (b), (c), or (d), unless the teacher 
 shall have failed to correct the deficiency after being given 
 written notice of the specific items of complaint and reasonable 
 time within which to remedy them. 

    Subd. 6a.    Negotiated unrequested leave of absence.  
 The school board and the exclusive bargaining representative of 
 the teachers may negotiate a plan providing for unrequested 
 leave of absence without pay or fringe benefits for as many 
 teachers as may be necessary because of discontinuance of 
 position, lack of pupils, financial limitations, or merger of 
 classes caused by consolidation of districts.  Failing to 
 successfully negotiate such a plan, the provisions of 
 subdivision 6b shall apply.  The negotiated plan shall not 
 include provisions which would result in the exercise of 
 seniority by a teacher holding a provisional license, other than 
 a vocational education license, contrary to the provisions of 
 subdivision 6b, clause (c), or the reinstatement of a teacher 
 holding a provisional license, other than a vocational education 
 license, contrary to the provisions of subdivision 6b, clause 
 (e).  The provisions of section 179A.16 shall not apply for the 
 purposes of this subdivision. 

    Subd. 6b.    Unrequested leave of absence.  The school 
 board may place on unrequested leave of absence, without pay or 
 fringe benefits, as many teachers as may be necessary because of 
 discontinuance of position, lack of pupils, financial 
 limitations, or merger of classes caused by consolidation of 
 districts.  The unrequested leave shall be effective at the 
 close of the school year.  In placing teachers on unrequested 
 leave, the board shall be governed by the following provisions: 

    (a) The board may place probationary teachers on 
 unrequested leave first in the inverse order of their 
 employment.  No teacher who has acquired continuing contract 
 rights shall be placed on unrequested leave of absence while 
 probationary teachers are retained in positions for which the 
 teacher who has acquired continuing contract rights is licensed; 

    (b) Teachers who have acquired continuing contract rights 
 shall be placed on unrequested leave of absence in fields in 
 which they are licensed in the inverse order in which they were 
 employed by the school district.  In the case of equal 
 seniority, the order in which teachers who have acquired 
 continuing contract rights shall be placed on unrequested leave 
 of absence in fields in which they are licensed shall be 
 negotiable; 

    (c) Notwithstanding the provisions of clause (b), no 
 teacher shall be entitled to exercise any seniority when that 
 exercise results in that teacher being retained by the district 
 in a field for which the teacher holds only a provisional 
 license, as defined by the board of teaching, unless that 
 exercise of seniority results in the placement on unrequested 
 leave of absence of another teacher who also holds a provisional 
 license in the same field.  The provisions of this clause shall 
 not apply to vocational education licenses; 

    (d) Notwithstanding clauses (a), (b) and (c), if the 
 placing of a probationary teacher on unrequested leave before a 
 teacher who has acquired continuing rights, the placing of a 
 teacher who has acquired continuing contract rights on 
 unrequested leave before another teacher who has acquired 
 continuing contract rights but who has greater seniority, or the 
 restriction imposed by the provisions of clause (c) would place 
 the district in violation of its affirmative action program, the 
 district may retain the probationary teacher, the teacher with 
 less seniority, or the provisionally licensed teacher; 

    (e) Teachers placed on unrequested leave of absence shall 
 be reinstated to the positions from which they have been given 
 leaves of absence or, if not available, to other available 
 positions in the school district in fields in which they are 
 licensed.  Reinstatement shall be in the inverse order of 
 placement on leave of absence.  No teacher shall be reinstated 
 to a position in a field in which the teacher holds only a 
 provisional license, other than a vocational education license, 
 while another teacher who holds a nonprovisional license in the 
 same field remains on unrequested leave.  The order of 
 reinstatement of teachers who have equal seniority and who are 
 placed on unrequested leave in the same school year shall be 
 negotiable; 

    (f) No appointment of a new teacher shall be made while 
 there is available, on unrequested leave, a teacher who is 
 properly licensed to fill such vacancy, unless the teacher fails 
 to advise the school board within 30 days of the date of 
 notification that a position is available to that teacher who 
 may return to employment and assume the duties of the position 
 to which appointed on a future date determined by the board; 

    (g) A teacher placed on unrequested leave of absence may 
 engage in teaching or any other occupation during the period of 
 this leave; 

    (h) The unrequested leave of absence shall not impair the 
 continuing contract rights of a teacher or result in a loss of 
 credit for previous years of service; 

    (i) The unrequested leave of absence of a teacher who is 
 placed on unrequested leave of absence and who is not reinstated 
 shall continue for a period of five years, after which the right 
 to reinstatement shall terminate; provided the teacher's right 
 to reinstatement shall also terminate if the teacher fails to 
 file with the board by April 1 of any year a written statement 
 requesting reinstatement; 

    (j) The same provisions applicable to terminations of 
 probationary or continuing contracts in subdivisions 3 and 4 
 shall apply to placement on unrequested leave of absence; 

    (k) Nothing in this subdivision shall be construed to 
 impair the rights of teachers placed on unrequested leave of 
 absence to receive reemployment insurance if otherwise eligible. 

    Subd. 7.    Suspension and leave of absence for health 
 reasons.  Affliction with active tuberculosis or other 
 communicable disease, mental illness, drug or alcoholic 
 addiction, or other serious incapacity shall be grounds for 
 temporary suspension and leave of absence while the teacher is 
 suffering from such disability.  Unless the teacher consents, 
 such action shall be taken only upon evidence that suspension is 
 required from a physician who has examined the teacher.  The 
 physician shall be competent in the field involved and shall be 
 selected by the teacher from a list of three provided by the 
 school board, and the examination shall be at the expense of the 
 school district.  A copy of the report of the physician shall be 
 furnished the teacher upon request.  If the teacher fails to 
 submit to the examination within the prescribed time, the board 
 may discharge the teacher, effective immediately.  In the event 
 of mental illness, if the teacher submits to such an examination 
 and the examining physician's or psychiatrist's statement is 
 unacceptable to the teacher or the board, a panel of three 
 physicians or psychiatrists shall be selected to examine the 
 teacher at the board's expense.  The board and the teacher shall 
 each select a member of this panel, and these two members shall 
 select a third member.  The panel shall examine the teacher and 
 submit a statement of its findings and conclusions to the 
 board.  Upon receipt and consideration of the statement from the 
 panel the board may suspend the teacher.  The board shall notify 
 the teacher in writing of such suspension and the reasons 
 therefor.  During the leave of absence the teacher shall be paid 
 sick leave benefits by the district up to the amount of unused 
 accumulated sick leave, and after it is exhausted, the district 
 may in its discretion pay additional benefits.  The teacher 
 shall be reinstated to the teacher's position upon evidence from 
 such a physician of sufficient recovery to be capable of 
 resuming performance of duties in a proper manner.  In the event 
 that the teacher does not qualify for reinstatement within 12 
 months after the date of suspension, the continuing disability 
 may be a ground for discharge under subdivision 8. 

    Subd. 8.    Immediate discharge.  A school board may 
 discharge a continuing-contract teacher, effective immediately, 
 upon any of the following grounds: 

    (a) Immoral conduct, insubordination, or conviction of a 
 felony; 

    (b) Conduct unbecoming a teacher which requires the 
 immediate removal of the teacher from classroom or other duties; 

    (c) Failure without justifiable cause to teach without 
 first securing the written release of the school board; 

    (d) Gross inefficiency which the teacher has failed to 
 correct after reasonable written notice; 

    (e) Willful neglect of duty; or 

    (f) Continuing physical or mental disability subsequent to 
 a 12 months leave of absence and inability to qualify for 
 reinstatement in accordance with subdivision 7. 

    For purposes of this subdivision, conduct unbecoming a 
 teacher includes an unfair discriminatory practice described in 
 section 363.03, subdivision 5. 

    Prior to discharging a teacher the board shall notify the 
 teacher in writing and state its ground for the proposed 
 discharge in reasonable detail.  Within ten days after receipt 
 of this notification the teacher may make a written request for 
 a hearing before the board and it shall be granted before final 
 action is taken.  The board may, however, suspend a teacher with 
 pay pending the conclusion of such hearing and determination of 
 the issues raised therein after charges have been filed which 
 constitute ground for discharge. 

    Subd. 9.    Hearing procedures.  Any hearing held 
 pursuant to this section shall be held upon appropriate and 
 timely notice to the teacher, and any hearing held pursuant to 
 subdivision 6 or 8 shall be private or public at the discretion 
 of the teacher.  A hearing held pursuant to subdivision 6b shall 
 be public and may be consolidated by the school board.  At the 
 hearing, the board and the teacher may each be represented by 
 counsel at each party's own expense, and such counsel may 
 examine and cross-examine witnesses and present arguments.  The 
 board shall first present evidence to sustain the grounds for 
 termination or discharge and then receive evidence presented by 
 the teacher.  Each party may then present rebuttal evidence.  
 Dismissal of the teacher shall be based upon substantial and 
 competent evidence in the record.  All witnesses shall be sworn 
 upon oath administered by the presiding officer of the board.  
 The clerk of the board shall issue subpoenas for witnesses or 
 the production of records pertinent to the grounds upon the 
 request of either the board or the teacher.  The board shall 
 employ a court reporter to record the proceedings at the 
 hearing, and either party may obtain a transcript thereof at its 
 own expense. 

    Subd. 9a.    Hearing and determination by arbitrator.  A 
 teacher whose termination is proposed under subdivision 4 on 
 grounds specified in subdivision 6, or whose discharge is 
 proposed under subdivision 8, may elect a hearing before an 
 arbitrator instead of the school board.  The hearing is governed 
 by this subdivision.  

    (a) The teacher must make a written request for a hearing 
 before an arbitrator within 14 days after receiving notification 
 of proposed termination on grounds specified in subdivision 6 or 
 within ten days of receiving notification of proposed discharge 
 under subdivision 8.  If a request for a hearing does not 
 specify that the hearing be before an arbitrator, it shall be 
 considered to be a request for a hearing before the school board.

    (b) If the teacher and the school board are unable to 
 mutually agree on an arbitrator, the school board shall request 
 from the bureau of mediation services a list of five persons to 
 serve as an arbitrator.  If the matter to be heard is a proposed 
 termination on grounds specified in subdivision 6, arbitrators 
 on the list must be available to hear the matter and make a 
 decision within a time frame that will allow the school board to 
 comply with all statutory timelines relating to termination.  If 
 the teacher and the school board are unable to mutually agree on 
 an arbitrator from the list provided, the parties shall 
 alternately strike names from the list until the name of one 
 arbitrator remains.  The person remaining after the striking 
 procedure shall be the arbitrator.  If the parties are unable to 
 agree on who shall strike the first name, the question must be 
 decided by a flip of a coin.  The teacher and the school board 
 shall share equally the costs and fees of the arbitrator. 

    (c) The arbitrator shall determine, by a preponderance of 
 the evidence, whether the grounds for termination or discharge 
 specified in subdivision 6 or 8 exist to support the proposed 
 termination or discharge.  A lesser penalty than termination or 
 discharge may be imposed by the arbitrator only to the extent 
 that either party proposes such lesser penalty in the 
 proceeding.  In making the determination, the arbitration 
 proceeding is governed by sections 572.11 to 572.17 and by the 
 collective bargaining agreement applicable to the teacher.  

    (d) An arbitration hearing conducted under this subdivision 
 is a meeting for preliminary consideration of allegations or 
 charges within the meaning of section 471.705, subdivision 1d, 
 clause (c), and shall be closed, unless the teacher requests it 
 to be open. 

    (e) The arbitrator's award is final and binding on the 
 parties, subject to sections 572.18 to 572.26. 

    Subd. 10.    Decision.  After the hearing, the board 
 shall issue a written decision and order.  If the board orders 
 termination of a continuing contract or discharge of a teacher, 
 its decision shall include findings of fact based upon competent 
 evidence in the record and shall be served on the teacher, 
 accompanied by an order of termination or discharge, prior to 
 April 1 in the case of a contract termination for grounds 
 specified in subdivision 6, prior to June 1 for grounds 
 specified in subdivision 6a or 6b, or within ten days after 
 conclusion of the hearing in the case of a discharge.  If the 
 decision of the board or of a reviewing court is favorable to 
 the teacher, the proceedings shall be dismissed and the decision 
 entered in the board minutes, and all references to such 
 proceedings shall be excluded from the teacher's record file. 

    Subd. 11.    Judicial review.  The pendency of judicial 
 proceedings shall not be ground for postponement of the 
 effective date of the school board's order, but if judicial 
 review eventuates in reinstatement of the teacher, the board 
 shall pay the teacher all compensation withheld as a result of 
 the termination or dismissal order. 

    Subd. 13.    Exception.  This section shall not apply 
 to any district in a city of the first class. 

    Subd. 14.    Records relating to individual teacher; 
 access; expungement.  All evaluations and files generated 
 within a school district relating to each individual teacher 
 shall be available to each individual teacher upon written 
 request.  Effective January 1, 1976, all evaluations and files, 
 wherever generated, relating to each individual teacher shall be 
 available to each individual teacher upon written request.  The 
 teacher shall have the right to reproduce any of the contents of 
 the files at the teacher's expense and to submit for inclusion 
 in the file written information in response to any material 
 contained therein. 

    A school district may destroy the files as provided by law 
 and shall expunge from the teacher's file any material found to 
 be false or inaccurate through the grievance procedure required 
 pursuant to section 179A.20, subdivision 4; provided, the 
 grievance procedure promulgated by the director of the bureau of 
 mediation services, pursuant to section 179A.04, subdivision 3, 
 clause (h), shall apply to those principals and supervisory 
 employees not included in an appropriate unit as defined in 
 section 179A.03.  Expungement proceedings shall be commenced 
 within the time period provided in the collective bargaining 
 agreement for the commencement of a grievance.  If no time 
 period is provided in the bargaining agreement, the expungement 
 proceedings shall commence within 15 days after the teacher has 
 knowledge of the inclusion in the teacher's file of the material 
 the teacher seeks to have expunged.  

    HIST: Ex1959 c 71 art 6 s 12; 1963 c 450 s 1; 1967 c 890 s 1; 
 1969 c 781 s 1; 1971 c 253 s 1; 1971 c 743 s 1; 1973 c 128 s 1; 
 1974 c 458 s 1-4; 1975 c 151 s 1; 1975 c 177 s 1; 1975 c 432 s 
 70; 1976 c 222 s 17,208; 1977 c 447 art 7 s 21-23; 1978 c 632 s 
 1,2; 1978 c 706 s 38,39; 1978 c 764 s 75,76; 1979 c 40 s 2; 1979 
 c 139 s 1; 1980 c 509 s 35; 1980 c 609 art 6 s 24,25; 1982 c 424 
 s 33; 1983 c 314 art 7 s 29-31; 1984 c 462 s 27; 1984 c 463 art 
 7 s 13; 1984 c 525 s 1; 1Sp1985 c 12 art 7 s 22; 1986 c 444; 
 1988 c 718 art 7 s 35; 1989 c 152 s 1; 1990 c 562 art 8 s 29; 
 1991 c 130 s 26; 1991 c 196 s 1,2; 1991 c 265 art 9 s 45-48; 
 1992 c 499 art 8 s 13; 1993 c 224 art 12 s 22,23; 1994 c 488 s 
 8; 1Sp1995 c 3 art 8 s 6; 1Sp1997 c 4 art 7 s 8 

     125.121 Coaches, termination of duties. 

    Subdivision 1.  Before a district terminates the coaching 
 duties of an employee who is required to hold a license as an 
 athletic coach from the state board of education, the district 
 shall notify the employee in writing and state its reason for 
 the proposed termination.  Within 14 days of receiving this 
 notification, the employee may request in writing a hearing on 
 the termination before the board.  If a hearing is requested, 
 the board shall hold a hearing within 25 days according to the 
 hearing procedures specified in section 125.12, subdivision 9, 
 and the termination shall not be final except upon the order of 
 the board after the hearing. 

    Subd. 2.  Within ten days after the hearing, the board 
 shall issue a written decision regarding the termination. If the 
 board decides to terminate the employee's coaching duties, the 
 decision shall state the reason on which it is based and include 
 findings of fact based upon competent evidence in the record.  
 The board may terminate the employee's duties or not, as it sees 
 fit, for any reason which is found to be true based on 
 substantial and competent evidence in the record. 

    Subd. 3.  This section shall not apply to the termination 
 of coaching duties pursuant to a district transfer policy or as 
 a result of the nonrenewal or termination of the employee's 
 contract or the employee's discharge, demotion or suspension 
 pursuant to section 125.12 or 125.17.  This section shall not 
 apply to the termination of an employee's coaching duties prior 
 to completion of the probationary period of employment. 

    HIST: 1978 c 550 s 1; 1980 c 345 s 7; 1986 c 444 

   125.13 Exchange teachers. 

    Subdivision 1.  A person holding a license and contract to 
 teach in a Minnesota public school and assigned by the employing 
 district to teach elsewhere is an exchange teacher. 

    Subd. 2.  Any district is authorized to assign a teacher 
 for service elsewhere than in the employing district in exchange 
 for a teacher with qualifications satisfactory to the 
 commissioner. 

    Subd. 3.  The exchange teacher shall retain all rights in 
 the employing district as though teaching in that district. 

    HIST: Ex1959 c 71 art 6 s 13; 1976 c 222 s 19,208 

     125.135 Staff exchange program. 

    Subdivision 1.    Establishment.  A staff exchange 
 program is established to allow local school districts to 
 arrange temporary and voluntary exchanges among members of their 
 kindergarten through grade 12 instructional and administrative 
 staffs.  The purpose of the program is to provide participants 
 with an understanding of the educational concerns of other local 
 school districts, including concerns of class organization, 
 curriculum development, instructional practices, and 
 characteristics of the student population. 

    The educational needs and interests of the host school 
 district and the training, experience, and interests of the 
 participants must determine the assignments of the participants 
 in the host district.  Participants may teach courses, provide 
 counseling and tutorial services, work with teachers to better 
 prepare students for future educational experiences, serve an 
 underserved population in the district, or assist with 
 administrative functions.  The assignments participants perform 
 for the host district must be comparable to the assignments the 
 participants perform for the district employing the 
 participants.  Participation in the exchange program need not be 
 limited to one school or one school district and may involve 
 other education organizations including education districts and 
 SCs. 

    Subd. 2.    Program requirements.  All staff exchanges 
 made under this section are subject to the requirements in this 
 subdivision. 

    (a) A school district employing a participating staff 
 member must not adversely affect the staff member's salary, 
 seniority, or other employment benefits, or otherwise penalize 
 the staff member for participating in the program. 

    (b) Upon completion or termination of an exchange, a school 
 district employing a participating staff member must permit the 
 staff member to return to the same assignment the staff member 
 performed in the district before the exchange, if available, or, 
 if not, a similar assignment. 

    (c) A school district employing a participating staff 
 member must continue to provide the staff member's salary and 
 other employment benefits during the period of the exchange. 

    (d) A participant must be licensed and tenured. 

    (e) Participation in the program must be voluntary. 

    (f) The length of participation in the program must be no 
 less than one-half of a school year and no more than one school 
 year, and any premature termination of participation must be 
 upon the mutual agreement of the participant and the 
 participating school district. 

    (g) A participant is responsible for transportation to and 
 from the host school district. 

    (h) This subdivision does not abrogate or change rights of 
 staff members participating in the staff exchange program or the 
 terms of an agreement between the exclusive representative of 
 the school district employees and the school district.  

    (i) Participating school districts may enter into 
 supplementary agreements with the exclusive representative of 
 the school district employees to accomplish the purpose of this 
 section. 

    Subd. 3.    Application procedures.  The school board of 
 a school district must decide by resolution to participate in 
 the staff exchange program.  A staff member wishing to 
 participate in the exchange program must submit an application 
 to the school district employing the staff member.  The district 
 must, in a timely and appropriate manner, provide to the 
 exclusive bargaining representatives of teachers in the state 
 the number and names of prospective participants within the 
 district, the assignments available within the district, and the 
 length of time for each exchange.  The exclusive bargaining 
 representatives are requested to cooperatively participate in 
 the coordination of exchanges to facilitate exchanges across all 
 geographical regions of the state.  Prospective participants 
 must contact teachers and districts with whom they are 
 interested in making an exchange.  The prospective participants 
 must make all arrangements to accomplish their exchange and the 
 superintendents of the participating districts must approve the 
 arrangements for the exchange in writing. 

    HIST: 1991 c 265 art 9 s 49; 1996 c 305 art 1 s 138 

     125.138 Faculty exchange and temporary assignment 
  program. 

    Subdivision 1.    Establishment.  A program of faculty 
 collaboration shall be established to allow Minnesota school 
 districts and post-secondary institutions to arrange temporary 
 placements in each other's institutions.  These arrangements 
 must be made on a voluntary cooperative basis between a school 
 district and post-secondary institution, or between 
 post-secondary institutions.  Exchanges between post-secondary 
 institutions may occur among campuses in the same system or in 
 different systems. 

    Subd. 2.    Uses of program.  Each participating school 
 district and post-secondary institution may determine the way in 
 which the staff member's time is to be used, but it must be in a 
 way that promotes understanding of the needs of each educational 
 system or institution.  For example, a public school educator 
 may teach courses, provide counseling and tutorial services, 
 assist with the preparation of future educators, or take 
 professional development courses.  A post-secondary teacher 
 might teach courses at the school district, counsel students, or 
 work in school administration.  Participation need not be 
 limited to one school or institution and may involve other 
 groups including service cooperatives. 

    Subd. 3.    Salaries; benefits; certification.  
 Temporary placements made under the program must not have a 
 negative effect on participants' salaries, seniority, or other 
 benefits.  Notwithstanding sections 123.35, subdivision 6, and 
 125.04, a member of the staff of a post-secondary institution 
 may teach in an elementary or secondary school or perform a 
 service, agreed upon according to this section, for which a 
 license would otherwise be required without holding the 
 applicable license.  In addition, a licensed educator employed 
 by a school district may teach or perform a service, agreed upon 
 according to this section, at a post-secondary institution 
 without meeting the applicable qualifications of the 
 post-secondary institution.  A school district is not subject to 
 section 124.19, subdivision 3, as a result of entering into an 
 agreement according to this section that enables a 
 post-secondary educator to teach or provide services in the 
 district.  All arrangements and details regarding the exchange 
 must be mutually agreed to by each participating school district 
 and post-secondary institution before implementation. 

    Subd. 4.    Educators' employment; continuation.  An 
 educator who held a temporary position or an exchanged position 
 under this section shall be continued in or restored to the 
 position previously held, or to a position of like seniority, 
 status, and pay upon return.  Retirement benefits under an 
 employer-sponsored pension or retirement plan shall not be 
 reduced because of time spent on an exchange or temporary 
 position under section 125.138. 

    Subd. 5.    Entitlement to benefits and position.  An 
 educator who is continued in or restored to a position in 
 accordance with subdivision 4: 

    (1) shall be continued or restored without loss of 
 seniority; and 

    (2) may participate in insurance or other benefits offered 
 by the employer under its established rules and practices. 

    Subd. 6. Repealed, 1Sp1995 c 3 art 7 s 6 

    Subd. 7. Repealed, 1Sp1995 c 3 art 7 s 6 

    Subd. 8. Repealed, 1Sp1995 c 3 art 7 s 6 

    Subd. 9. Repealed, 1Sp1995 c 3 art 7 s 6 

    Subd. 10. Repealed, 1Sp1995 c 3 art 7 s 6 

    Subd. 11. Repealed, 1Sp1995 c 3 art 7 s 6 

    HIST: 1991 c 265 art 9 s 50; 1993 c 224 art 7 s 18; 1994 c 532 
 art 2 s 1-3; 1994 c 647 art 8 s 16; 1996 c 305 art 1 s 138 

     125.1385 Exchanges between education faculty. 

    Subdivision 1.    Authority; limits.  The board of 
 trustees of the Minnesota state colleges and universities and 
 the board of regents of the University of Minnesota may develop 
 programs to exchange faculty between colleges or schools of 
 education and school districts, subject to section 125.138. 

    The programs must be used to assist in improving teacher 
 education by involving current teachers in education courses and 
 placing post-secondary faculty in elementary and secondary 
 classrooms.  Programs must include exchanges that extend beyond 
 the immediate service area of the institution to address the 
 needs of different types of schools, students, and teachers. 

    Subd. 2.    Compensation.  State money for faculty 
 exchange programs is to compensate for expenses that are 
 unavoidable and beyond the normal living expenses exchange 
 participants would incur if they were not involved in this 
 exchange.  The board of trustees of the Minnesota state colleges 
 and universities, the board of regents of the University of 
 Minnesota, and their respective campuses, in conjunction with 
 the participating school districts, must control costs for all 
 participants as much as possible, through means such as 
 arranging housing exchanges, providing campus housing, and 
 providing university, state, or school district cars for 
 transportation.  The boards and campuses may seek other sources 
 of funding to supplement these appropriations, if necessary. 

    HIST: 1991 c 265 art 9 s 51; 1996 c 412 art 13 s 21; 1997 c 
 183 art 3 s 6 

   125.14 Summer schools; teachers' contracts.  

    In order to encourage further preparation and education of 
 its teachers, the board of an independent school district may 
 stipulate in a teacher's contract the amount the teacher may 
 receive conditioned upon attending summer school.  

    HIST: Ex1959 c 71 art 6 s 14; 1986 c 444 

   125.15 Keeping of registers.  

    Each teacher shall keep a register, furnished by the clerk, 
 showing the daily attendance of each pupil, and such other 
 matters as may be required in such register.  Each teacher shall 
 also keep such record of deportment and scholarship as may be 
 required by the board.  The register shall show the names and 
 ages of all pupils, the names and number of days' attendance of 
 all pupils between the ages of five and eight years, between 
 eight and 15 years, and between 15 and 21 years, and the names 
 of all paying tuition.  The teacher shall return such register, 
 properly kept, to the clerk within ten days after the close of 
 the school year.  

    HIST: Ex1959 c 71 art 6 s 15; 1975 c 162 s 33; 1986 c 444 

   125.16 Teachers' reports.  

    No order shall be issued for the payment of the wages of 
 any teacher while the teacher is in default in making reports or 
 in returning the teacher's register.  The teachers, principals, 
 and superintendents shall make such reports as may be required 
 by law or the rules of the state or local board under like 
 penalty. 

    HIST: Ex1959 c 71 art 6 s 16; 1975 c 162 s 34; 1986 c 444 

  125.165 MS 1953 Repealed, 1957 c 947 art 9 s 9 

   125.17 Teacher tenure act; cities of the first class; 
  definitions. 

    Subdivision 1.    Words, terms, and phrases.  Unless the 
 language or context clearly indicates that a different meaning 
 is intended, the following words, terms, and phrases, for the 
 purposes of the following subdivisions in this section shall be 
 defined as follows: 

    (a)   Teachers.  The term "teacher" includes every 
 person regularly employed, as a principal, or to give 
 instruction in a classroom, or to superintend or supervise 
 classroom instruction, or as placement teacher and visiting 
 teacher.  Persons regularly employed as counselors and school 
 librarians shall be covered by these sections as teachers if 
 licensed as teachers or as school librarians.  

    (b)   School board.  The term "school board" includes a 
 majority in membership of any and all boards or official bodies 
 having the care, management, or control over public schools. 

    (c)   Demote.  The word "demote" means to reduce in rank 
 or to transfer to a lower branch of the service or to a position 
 carrying a lower salary or compensation. 

    (d)   Nonprovisional license.  For purposes of this 
 section, "nonprovisional license" shall mean an entrance, 
 continuing, or life license.  

    Subd. 2.    Probationary period; discharge or demotion.  
 All teachers in the public schools in cities of the first class 
 during the first three years of consecutive employment shall be 
 deemed to be in a probationary period of employment during which 
 period any annual contract with any teacher may, or may not, be 
 renewed as the school board, after consulting with the peer 
 review committee charged with evaluating the probationary 
 teachers under subdivision 2a or 2b, shall see fit.  The school 
 site management team or the school board if there is no school 
 site management team, shall adopt a plan for a written 
 evaluation of teachers during the probationary period according 
 to subdivision 2a.  Evaluation by the peer review committee 
 charged with evaluating probationary teachers under subdivision 
 2a shall occur at least three times each year for a teacher 
 performing services on 120 or more school days, at least two 
 times each year for a teacher performing services on 60 to 119 
 school days, and at least one time each year for a teacher 
 performing services on fewer than 60 school days.  Days devoted 
 to parent-teacher conferences, teachers' workshops, and other 
 staff development opportunities and days on which a teacher is 
 absent from school shall not be included in determining the 
 number of school days on which a teacher performs services.  The 
 school board may, during such probationary period, discharge or 
 demote a teacher for any of the causes as specified in this 
 code.  A written statement of the cause of such discharge or 
 demotion shall be given to the teacher by the school board at 
 least 30 days before such removal or demotion shall become 
 effective, and the teacher so notified shall have no right of 
 appeal therefrom. 

    Subd. 2a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 2b.    Peer review for probationary teachers.  A 
 school board and an exclusive representative of the teachers in 
 the district shall develop a probationary teacher peer review 
 process through joint agreement. 

    Subd. 3.    Period of service after probationary period; 
 discharge or demotion.  After the completion of such 
 probationary period, without discharge, such teachers as are 
 thereupon reemployed shall continue in service and hold their 
 respective position during good behavior and efficient and 
 competent service and shall not be discharged or demoted except 
 for cause after a hearing. 

    Any probationary teacher shall be deemed to have been 
 reemployed for the ensuing school year, unless the school board 
 in charge of such school shall give such teacher notice in 
 writing before June 1 of the termination of such employment.  In 
 event of such notice the employment shall terminate at the close 
 of the school sessions of the current school year. 

    Subd. 3a. Repealed, 1993 c 224 art 12 s 32; 1993 c 374 s 22 

    Subd. 3b.    Peer review for continuing contract teachers. 
  A school board and an exclusive representative of the 
 teachers in the district shall develop a peer review process for 
 nonprobationary teachers through joint agreement. 

    Subd. 4.    Grounds for discharge or demotion.  Causes 
 for the discharge or demotion of a teacher either during or 
 after the probationary period shall be: 

    (1) Immoral character, conduct unbecoming a teacher, or 
 insubordination; 

    (2) Failure without justifiable cause to teach without 
 first securing the written release of the school board having 
 the care, management, or control of the school in which the 
 teacher is employed; 

    (3) Inefficiency in teaching or in the management of a 
 school; 

    (4) Affliction with active tuberculosis or other 
 communicable disease shall be considered as cause for removal or 
 suspension while the teacher is suffering from such disability; 
 or 

    (5) Discontinuance of position or lack of pupils. 

    For purposes of this subdivision, conduct unbecoming a 
 teacher includes an unfair discriminatory practice described in 
 section 363.03, subdivision 5. 

    Subd. 5.    Hearing of charges against teacher.  The 
 charges against a teacher shall be in writing and signed by the 
 person making the same and then filed with the secretary or 
 clerk of the school board having charge of the school in which 
 the teacher is employed.  Such school board before discharging 
 or demoting a teacher shall then accord the teacher against whom 
 such charges have been filed a full hearing and give to the 
 teacher at least ten days' notice in writing of the time and 
 place of such hearing; such notice may be served personally or 
 sent by certified mail addressed to such teacher at the 
 teacher's last known post office address; provided, that if the 
 charge be made by any person not in connection with the school 
 system the charge may be disregarded by such school board.  If 
 the grounds are those specified in subdivision 4, clause (1), 
 (2), (3), or (4), the notice must also state a teacher may 
 request arbitration under subdivision 10a.  Upon such hearing 
 being held such school board or an arbitrator shall hear all 
 evidence that may be adduced in support of the charges and for 
 the teacher's defense thereto.  Either party shall have the 
 right to have a written record of the hearing at the expense of 
 the board and to have witnesses subpoenaed and all witnesses so 
 subpoenaed shall be examined under oath.  Any member of the 
 school board conducting such a hearing shall have authority to 
 issue subpoenas and to administer oaths to witnesses. 

    Subd. 6.    Counsel; examination of witnesses.  Each 
 party appearing before the school board shall have the right to 
 be represented by counsel, and such counsel may examine and 
 cross-examine witnesses and present arguments. 

    Subd. 7.    Hearings.  All hearings before the school 
 board shall be private or may be public at the decision of the 
 teacher against whom such charges have been filed. 

    Subd. 8.    Decision, when rendered.  Such hearing must 
 be concluded and a decision in writing, stating the grounds on 
 which it is based, rendered within 25 days after giving of such 
 notice.  Where the hearing is before a school board the teacher 
 may be discharged or demoted upon the affirmative vote of a 
 majority of the members of the school board.  If the charges, or 
 any of such, are found to be true, the school board conducting 
 the hearing shall discharge, demote, or suspend the teacher, as 
 seems to be for the best interest of the school.  No teacher 
 shall be discharged for either of the causes specified in 
 subdivision 4, clause (3), except during the school year, and 
 then only upon charges filed at least four months before the 
 close of the school sessions of such school year. 

    Subd. 9.    Charges expunged from records.  In all 
 cases where the final decision is in favor of the teacher the 
 charge or charges shall be physically expunged from the records. 

    Subd. 10.    Suspension pending hearing; salary.  Upon 
 the filing of charges against a teacher, the school board may 
 suspend the teacher from regular duty.  If, upon final decision, 
 the teacher is suspended or removed, the school board may in its 
 discretion determine the teacher's salary or compensation as of 
 the time of filing the charges. If the final decision is 
 favorable to the teacher there shall be no abatement of salary 
 or compensation. 

    Subd. 10a.    Hearing and determination by arbitrator.  
 A teacher against whom charges have been filed alleging any 
 cause for discharge or demotion specified in subdivision 4, 
 clause (1), (2), (3), or (4), may elect a hearing before an 
 arbitrator instead of the school board.  The hearing is governed 
 by this subdivision.  

    (a) The teacher must make a written request for a hearing 
 before an arbitrator within ten days after receiving a written 
 notice of the filing of charges required by subdivision 5.  
 Failure to request a hearing before an arbitrator during this 
 period is considered acquiescence to a hearing before the board. 

    (b) If the teacher and the school board are unable to 
 mutually agree on an arbitrator, the school board shall request 
 from the bureau of mediation services a list of five persons to 
 serve as an arbitrator.  If the teacher and the school board are 
 unable to mutually agree on an arbitrator from the list 
 provided, the parties shall alternately strike names from the 
 list until the name of one arbitrator remains.  The person 
 remaining after the striking procedure shall be the arbitrator.  
 If the parties are unable to agree on who shall strike the first 
 name, the question must be decided by a flip of a coin.  The 
 teacher and the school board shall share equally the costs and 
 fees of the arbitrator. 

    (c) The arbitrator shall determine, by a preponderance of 
 the evidence, whether the causes specified in subdivision 4, 
 clause (1), (2), (3), or (4), exist to support the proposed 
 discharge or demotion.  A lesser penalty than discharge or 
 demotion may be imposed by the arbitrator only to the extent 
 that either party proposes such lesser penalty in the 
 proceeding.  In making the determination, the arbitration 
 proceeding is governed by sections 572.11 to 572.17 and by the 
 collective bargaining agreement applicable to the teacher. 

    (d) An arbitration hearing conducted under this subdivision 
 is a meeting for preliminary consideration of allegations or 
 charges within the meaning of section 471.705, subdivision 1d, 
 clause (c), and shall be closed, unless the teacher requests it 
 to be open. 

    (e) The arbitrator's decision is final and binding on the 
 parties, subject to sections 572.18 to 572.26. 

    Subd. 11.    Services terminated by discontinuance or lack 
 of pupils; preference given.  (a) Any teacher whose services 
 are terminated on account of discontinuance of position or lack 
 of pupils shall receive first consideration for other positions 
 in the district for which that teacher is qualified.  In the 
 event it becomes necessary to discontinue one or more positions, 
 in making such discontinuance, teachers shall be discontinued in 
 any department in the inverse order in which they were employed. 

    (b) Notwithstanding the provisions of clause (a), no 
 teacher shall be entitled to exercise any seniority when that 
 exercise results in that teacher being retained by the district 
 in a field for which the teacher holds only a provisional 
 license, as defined by the board of teaching, unless that 
 exercise of seniority results in the termination of services, on 
 account of discontinuance of position or lack of pupils, of 
 another teacher who also holds a provisional license in the same 
 field.  The provisions of this clause shall not apply to 
 vocational education licenses.  

    (c) Notwithstanding the provisions of clause (a), no 
 teacher shall be reinstated to a position in a field in which 
 the teacher holds only a provisional license, other than a 
 vocational education license, while another teacher who holds a 
 nonprovisional license in the same field is available for 
 reinstatement.  

    Subd. 12.    Records relating to individual teacher; 
 access; expungement.  All evaluations and files generated 
 within a school district relating to each individual teacher 
 shall be available to each individual teacher upon the teacher's 
 written request.  Effective January 1, 1976, all evaluations and 
 files, wherever generated, relating to each individual teacher 
 shall be available to each individual teacher upon the teacher's 
 written request.  The teacher shall have the right to reproduce 
 any of the contents of the files at the teacher's expense and to 
 submit for inclusion in the file written information in response 
 to any material contained therein. 

    A school district may destroy the files as provided by law 
 and shall expunge from the teacher's file any material found to 
 be false or substantially inaccurate through the grievance 
 procedure required pursuant to section 179A.20, subdivision 4; 
 provided, the grievance procedure promulgated by the director of 
 the bureau of mediation services, pursuant to section 179A.04, 
 subdivision 3, clause (h), shall apply to those principals and 
 supervisory employees not included in an appropriate unit as 
 defined in section 179A.03.  Expungement proceedings shall be 
 commenced within the time period provided in the collective 
 bargaining agreement for the commencement of a grievance.  If no 
 time period is provided in the bargaining agreement, the 
 expungement proceedings shall commence within 15 days after the 
 teacher has knowledge of the inclusion in the teacher's file of 
 the material the teacher seeks to have expunged. 

    HIST: Ex1959 c 71 art 6 s 17; 1961 c 720 s 1; 1971 c 667 s 1; 
 1975 c 177 s 2; 1976 c 222 s 19,208; 1977 c 447 art 7 s 24; 1978 
 c 632 s 3; 1978 c 674 s 60; 1979 c 139 s 2; 1983 c 314 art 7 s 
 32,33; 1984 c 462 s 27; 1984 c 463 art 7 s 14; 1986 c 444; 1988 
 c 718 art 7 s 36; 1989 c 152 s 2; 1991 c 196 s 3,4; 1991 c 265 
 art 9 s 52-55; 1992 c 499 art 8 s 14; 1993 c 224 art 12 s 24,25 

  125.178 Expired, 1993 c 224 art 7 s 32 

   125.18 Sabbatical leave for school teachers. 

    Subdivision 1.  A teacher who holds a license, according to 
 this chapter, and a contract for employment by a school district 
 or other organization providing public education may be granted 
 a sabbatical leave by the board employing the teacher under 
 rules promulgated by the board. 

    Subd. 2.  Any teacher who makes application for and accepts 
 sabbatical leave shall agree that, upon the conclusion of said 
 sabbatical leave, the teacher shall return to the teacher's 
 position for a period determined by the board before the leave 
 is granted, or repay the district the portion of salary received 
 while on sabbatical leave. 

    Subd. 3.  Any teacher who has been granted a sabbatical 
 leave shall retain all rights in the employing district as 
 though teaching in that district. 

    Subd. 4.  The term sabbatical leave, as used in this 
 section, shall mean compensated leaves of absence granted for 
 purposes of professional improvement or service. 

    HIST: Ex1959 c 71 art 6 s 18; 1976 c 222 s 208; 1986 c 444; 
 1992 c 499 art 12 s 19; 1995 c 212 art 4 s 64 

   125.181 Professional practices; intent.  

    The purpose of sections 125.181 to 125.185, is to develop 
 standards of ethical conduct for the guidance and improvement of 
 the teaching profession and to provide measures through which 
 the observance of such standards by the members of the 
 profession may be promoted and enforced.  

    HIST: Ex1967 c 25 s 1; 1973 c 749 s 7 

   125.182 Definitions. 

    Subdivision 1.  For the purpose of sections 125.181 to 
 125.185, the terms defined in this section have the meanings 
 given them, unless another meaning is clearly indicated. 

    Subd. 2.  "Teacher" means a classroom teacher or other 
 similar professional employee required to hold a license from 
 the board of teaching.  

    Subd. 3.  "Board" means the board of teaching. 

    Subd. 4. Repealed, 1980 c 345 s 18 

    HIST: Ex1967 c 25 s 2; 1973 c 749 s 8; 1975 c 271 s 6; 1976 c 
 222 s 20,21,27,208; 1980 c 345 s 8; 1980 c 609 art 6 s 26; 
 1Sp1985 c 12 art 8 s 20 

   125.183 Membership. 

    Subdivision 1.  The board of teaching consists of 11 
 members appointed by the governor.  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 
 may be reappointed for more than one additional term. 

    Subd. 2.  Repealed, 1975 c 136 s 77 

    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 must be composed of: 

    (1) six classroom teachers; 

    (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. 4.  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. 

    Subd. 5.  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 shall be as provided in chapter 214.  
 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. 

    Subd. 6.  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. 

    HIST: Ex1967 c 25 s 3; 1973 c 749 s 9; 1975 c 136 s 1,2; 1975 
 c 271 s 6; 1976 c 149 s 27; 1976 c 222 s 22,23,27,208; 1978 c 
 706 s 40; 1978 c 793 s 62; 1980 c 345 s 9,10; 1986 c 444; 1989 c 
 251 s 7,8 

   125.184 Meetings. 

    Subdivision 1.  The board of teaching shall meet regularly 
 at such times and places as the board shall determine.  Meetings 
 shall be called by the chair or at the written request of any 
 eight members. 

    Subd. 2.  The board of teaching shall have an executive 
 secretary who shall be in the unclassified civil service and who 
 shall not be a member of the board. 

    HIST: Ex1967 c 25 s 4; 1973 c 749 s 10; 1975 c 136 s 3; 1975 c 
 271 s 6; 1976 c 222 s 24,27; 1986 c 444 

   125.185 Duties. 

    Subdivision 1.  The board of teaching shall 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. 

    Subd. 2.  The board shall act in an advisory capacity to 
 members of the profession in matters of interpretation of the 
 code of ethics. 

    Subd. 3.  The board shall elect a chair and such other 
 officers as it may deem necessary. 

    Subd. 4.    License and rules.  (a) The board shall 
 adopt rules to license public school teachers and interns 
 subject to chapter 14. 

    (b) The board shall adopt rules requiring a person to 
 successfully complete a skills examination in reading, writing, 
 and mathematics as a requirement for initial teacher licensure.  
 Such rules shall require college and universities offering a 
 board approved teacher preparation program to provide remedial 
 assistance to persons who did not achieve a qualifying score on 
 the skills examination, including those for whom English is a 
 second language. 

    (c) The board shall adopt rules to approve teacher 
 preparation programs. 

    (d) The board shall provide the leadership and shall 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.  
 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. 

    (e) The board shall adopt rules requiring successful 
 completion of an examination of general pedagogical knowledge 
 and examinations of licensure-specific teaching skills.  The 
 rules shall be effective on the dates determined by the board, 
 but not later than July 1, 1999. 

    (f) The board shall 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) The board shall grant licenses to interns and to 
 candidates for initial licenses. 

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

    (i) The board shall receive recommendations from local 
 committees as established by the board for the renewal of 
 teaching licenses. 

    (j) The board shall grant life licenses to those who 
 qualify according to requirements established by the board, and 
 suspend or revoke licenses pursuant to sections 125.09 and 
 214.10.  The board shall not establish any expiration date for 
 application for life licenses. 

    Subd. 4a. Repealed, 1993 c 224 art 7 s 31 

    Subd. 4b.  Prior to the adoption by the board of teaching 
 of any rule which must be submitted to public hearing, a 
 representative of the commissioner shall appear before the board 
 of teaching and at the hearing required pursuant to section 
 14.14, subdivision 1, to comment on the cost and educational 
 implications of that proposed rule. 

    Subd. 5.  The executive secretary of the board of teaching 
 shall keep a record of the proceedings of and a register of all 
 persons licensed pursuant to the provisions of this chapter.  
 The register shall show the name, address, license number and 
 the renewal thereof.  The board shall on July 1, of each year or 
 as soon thereafter as is practicable, compile a list of such 
 duly licensed teachers and transmit a copy thereof to the 
 board.  A copy of the register shall be available during 
 business hours at the office of the board to any interested 
 person. 

    Subd. 6.  The commissioner shall provide all necessary 
 materials and assistance for the transaction of the business of 
 the board of teaching and all moneys received by the board of 
 teaching shall be paid into the state treasury as provided by 
 law.  The expenses of administering sections 125.01 to 125.187 
 which are incurred by the board of teaching shall be paid for 
 from appropriations made to the board of teaching. 

    Subd. 7.  Any person who shall in any manner claim to be a 
 licensed teacher without a valid existing license issued by the 
 board or any person who employs fraud or deception in applying 
 for or securing a license shall be guilty of a gross misdemeanor.

    Subd. 8.  Repealed, 1976 c 271 s 98 

    Subd. 9.  The board of teaching may adopt rules subject to 
 the provisions of chapter 14 to implement sections 125.04 to 
 125.09 and 125.181 to 125.187.  

    Subd. 10.    Variances.  Notwithstanding subdivision 9 
 and section 14.05, subdivision 4, the board of teaching may 
 grant a variance to its rules upon application by a school 
 district for purposes of implementing experimental programs in 
 learning or management. 

    HIST: Ex1967 c 25 s 5; 1973 c 749 s 11; 1975 c 136 s 4; 1975 c 
 271 s 6; 1976 c 222 s 25,27,208; 1976 c 271 s 65; 1977 c 444 s 
 8; 1978 c 706 s 41; 1978 c 764 s 77,78; 1980 c 345 s 11-14; 1982 
 c 424 s 130; 1984 c 463 art 7 s 16; 1Sp1985 c 12 art 8 s 21; 
 1986 c 444; 1987 c 398 art 8 s 11; 1990 c 375 s 3; 1990 c 562 
 art 8 s 30; 1991 c 265 art 7 s 17,18; 1992 c 499 art 8 s 15,16; 
 1993 c 224 art 8 s 8; art 13 s 44; 1993 c 374 s 28; 1994 c 647 
 art 8 s 17; 1996 c 412 art 13 s 22 

  125.186 MS 1953 Repealed, 1957 c 947 art 9 s 9 

     125.187 Validity of certificates or licenses. 

    No rule adopted by the board of teaching shall 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. 

    HIST: 1973 c 749 s 12; 1975 c 271 s 6; 1976 c 222 s 26,27 

     125.188 Alternative preparation licensing. 

    Subdivision 1.    Requirements.  (a) A preparation 
 program that is an alternative to the post-secondary teacher 
 preparation program as a means to acquire an entrance license is 
 established.  The program may be offered in any instructional 
 field. 

    (b) To participate in the alternative preparation program, 
 the candidate must: 

    (1) have a bachelor's degree; 

    (2) pass an examination of skills in reading, writing, and 
 mathematics as required by section 125.05; 

    (3) have been offered a job to teach in a school district, 
 group of districts, or an education district approved by the 
 board of teaching to offer an alternative preparation licensure 
 program; 

    (4)(i) have a college major in the subject area to be 
 taught; or 

    (ii) have five years of experience in a field related to 
 the subject to be taught; and 

    (5) document successful experiences working with children. 

    (c) An alternative preparation license is of one year 
 duration and is issued by the board of teaching to participants 
 on admission to the alternative preparation program.  

    (d) The board of teaching shall ensure that one of the 
 purposes of this program is to enhance the school 
 desegregation/integration policies adopted by the state.  

    Subd. 2.    Characteristics.  The alternative 
 preparation program has the following characteristics: 

    (1) staff development conducted by a resident mentorship 
 team made up of administrators, teachers, and post-secondary 
 faculty members; 

    (2) an instruction phase involving intensive preparation of 
 a candidate for licensure before the candidate assumes 
 responsibility for a classroom; 

    (3) formal instruction and peer coaching during the school 
 year; 

    (4) assessment, supervision, and evaluation of a candidate 
 to determine the candidate's specific needs and to ensure 
 satisfactory completion of the program; 

    (5) a research based and results oriented approach focused 
 on skills teachers need to be effective; 

    (6) assurance of integration of education theory and 
 classroom practices; and 

    (7) the shared design and delivery of staff development 
 between school district personnel and post-secondary faculty. 

    Subd. 3.    Program approval.  (a) The board of teaching 
 shall approve alternative preparation programs based on criteria 
 adopted by the board. 

    (b) An alternative preparation program at a school 
 district, group of schools, or an education district must be 
 affiliated with a post-secondary institution that has a teacher 
 preparation program. 

    Subd. 4.    Approval for standard entrance license.  The 
 resident mentorship team must prepare for the board of teaching 
 an evaluation report on the performance of the alternative 
 preparation licensee during the school year and a positive or 
 negative recommendation on whether the alternative preparation 
 licensee shall receive a standard entrance license. 

    Subd. 5.    Standard entrance license.  The board of 
 teaching shall issue a standard entrance license to an 
 alternative preparation licensee who has successfully completed 
 the school year in the alternative preparation program and who 
 has received a positive recommendation from the licensee's 
 mentorship team. 

    Subd. 6.    Qualified teacher.  A person with a valid 
 alternative preparation license is a qualified teacher within 
 the meaning of section 125.04. 

    HIST: 1990 c 562 art 7 s 7; 1993 c 337 s 7; 1994 c 647 art 8 s 
 18 

     125.1885 Alternative preparation licensing for 
  administrators. 

    Subdivision 1.    Requirements.  (a) A preparation 
 program that is an alternative to a graduate program in 
 education administration for public school administrators to 
 acquire an entrance license is established.  The program may be 
 offered in any administrative field. 

    (b) To participate in the alternative preparation program, 
 the candidate must: 

    (1) have a master's degree in an administrative area; 

    (2) have been offered an administrative position in a 
 school district, group of districts, or an education district 
 approved by the state board of education to offer an alternative 
 preparation licensure program; 

    (3) have five years of experience in a field related to 
 administration; and 

    (4) document successful experiences working with children 
 and adults. 

    (c) An alternative preparation license is of one year 
 duration and is issued by the state board of education to 
 participants on admission to the alternative preparation program.

    Subd. 2.    Characteristics.  The alternative 
 preparation program has the characteristics enumerated in this 
 subdivision: 

    (1) staff development conducted by a resident mentorship 
 team made up of administrators, teachers, and post-secondary 
 faculty members; 

    (2) an instruction phase involving intensive preparation of 
 a candidate for licensure before the candidate assumes 
 responsibility for an administrative position; 

    (3) formal instruction and peer coaching during the school 
 year; 

    (4) assessment, supervision, and evaluation of a candidate 
 to determine the candidate's specific needs and to ensure 
 satisfactory completion of the program; 

    (5) a research-based and results-oriented approach focused 
 on skills administrators need to be effective; 

    (6) assurance of integration of education theory and 
 classroom practices; and 

    (7) the shared design and delivery of staff development 
 between school district personnel and post-secondary faculty. 

    Subd. 3.    Program approval.  An alternative 
 preparation program at a school district, group of schools, or 
 an education district must be affiliated with a post-secondary 
 institution that has a graduate program in educational 
 administration for public school administrators. 

    Subd. 4.    Approval for standard entrance license.  The 
 resident mentorship team must prepare for the state board of 
 education an evaluation report on the performance of the 
 alternative preparation licensee during the school year and a 
 positive or negative recommendation on whether the alternative 
 preparation licensee shall receive a standard entrance license. 

    Subd. 5.    Standard entrance license.  The state board 
 of education shall issue a standard entrance license to an 
 alternative preparation licensee who has successfully completed 
 the school year in the alternative preparation program and who 
 has received a positive recommendation from the licensee's 
 mentorship team. 

    Subd. 6.    Qualified administrator.  A person with a 
 valid alternative preparation license is a qualified 
 administrator within the meaning of section 125.04. 

    HIST: 1991 c 265 art 7 s 19; 1993 c 224 art 9 s 33; 1993 c 337 
 s 8 

     125.189 Teachers of deaf and hard of hearing students; 
  licensure requirements. 

    The board of teaching will 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.  

    HIST: 1991 c 265 art 7 s 20; 1993 c 224 art 3 s 30 

     125.1895 Skilled school interpreters. 

    Subdivision 1.    Requirements for American sign 
 language/English interpreters.  In addition to any other 
 requirements that a school district establishes, any person 
 employed to provide American sign language/English interpreting 
 or sign transliterating services on a full-time or part-time 
 basis for a school district after July 1, 2000, must: 

    (1) hold current interpreter and transliterator 
 certificates awarded by the Registry of Interpreters for the 
 Deaf (RID), or the general level interpreter proficiency 
 certificate awarded by the National Association of the Deaf, or 
 a comparable state certification from the state board of 
 education; and 

    (2) satisfactorily complete an interpreter/transliterator 
 training program affiliated with an accredited educational 
 institution. 

    Subd. 2.    Oral or cued speech transliterators.  In 
 addition to any other requirements that a school district 
 establishes, any person employed to provide oral transliterating 
 or cued speech transliterating services on a full-time or 
 part-time basis for a school district after July 1, 2000, must 
 hold a current applicable transliterator certificate awarded by 
 the national certifying association or comparable state 
 certification from the state board of education. 

    Subd. 3.    Qualified interpreters.  The department of 
 children, families, and learning and the resource center:  deaf 
 and hard of hearing shall work with existing 
 interpreter/transliterator training programs, other 
 training/educational institutions, and the regional service 
 centers to ensure that ongoing staff development training for 
 educational interpreters/transliterators is provided throughout 
 the state. 

    Subd. 4.    Reimbursement.  For purposes of revenue 
 under sections 124.321 and 124.322, the department of children, 
 families, and learning shall only reimburse school districts for 
 the services of those interpreters/transliterators who satisfy 
 the standards of competency under this section.  

    HIST: 1994 c 647 art 3 s 17; 1Sp1995 c 3 art 16 s 13 

   125.19 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.19 MS 1969 Repealed, Ex1971 c 33 s 17 

     125.191 License and degree exemption for head coach. 

    Notwithstanding section 125.03, subdivision 1, a school 
 district may employ as a head varsity coach of an 
 interscholastic sport at its secondary school a person who does 
 not have a license as head varsity coach of interscholastic 
 sports and who does not have a bachelor's degree if: 

    (1) in the judgment of the school board, the person has the 
 knowledge and experience necessary to coach the sport; 

    (2) the position has been posted as a vacancy within the 
 present teaching staff for a period of 30 days and no licensed 
 coaches have applied for the position; 

    (3) the person can verify completion of six quarter 
 credits, or the equivalent, or 60 clock hours of instruction in 
 first aid and the care and prevention of athletic injuries; and 

    (4) the person can verify completion of a coaching methods 
 or theory course. 

    Notwithstanding section 125.121, a person employed as a 
 head varsity coach under this section has an annual contract as 
 a coach that the school board may or may not renew as the board 
 sees fit, after annually posting the position as required in 
 clause (2) and no licensed coach has applied for the position. 

    HIST: 1991 c 265 art 9 s 56 

     125.192 Teacher licensure. 

    Teachers licensed in the education of blind and visually 
 impaired students must demonstrate competence in reading and 
 writing Braille.  The board of teaching, 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. 

    HIST: 1996 c 412 art 9 s 9 

   125.20 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.20 MS 1969 Repealed, Ex1971 c 33 s 17 

   125.21 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.21 MS 1969 Repealed, Ex1971 c 33 s 17 

     125.211 Research on program effectiveness. 

    Subdivision 1.    Purpose.  The legislature recognizes a 
 growing and substantial concern about the effectiveness and 
 breadth of the existing undergraduate curriculum for teacher 
 education students.  It also recognizes the absence of 
 definitive research about the most effective curricula to 
 adequately prepare teachers for entrance into the teaching 
 profession.  The purpose of this section is to support research 
 on the comparative effectiveness of different teacher education 
 program structures, after new programs have been designed and 
 implemented, and the first graduates are in service. 

    Subd. 2.    Responsibility.  By July 1, 1989, the board 
 of teaching shall begin to evaluate the effectiveness of 
 prebaccalaureate, postbaccalaureate, and other alternative 
 program structures for preparing candidates for entrance into 
 the teaching profession.  The evaluation shall be conducted by 
 independent research centers or evaluators who are not 
 associated with a Minnesota teacher education institution and 
 shall be longitudinal in nature.  By July 1, 1990, the board of 
 teaching shall make a preliminary report on the effectiveness of 
 alternative program structures to the education and finance 
 committees of the legislature. 

    HIST: 1987 c 398 art 8 s 12 

   125.22 MS 1949 Repealed, 1953 c 50 s 2 

  125.22 MS 1969 Repealed, Ex1971 c 33 s 17 

   125.23 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.23 MS 1969 Repealed, Ex1971 c 33 s 17 

     125.230 Teaching residency program. 

    Subdivision 1.    Establishment.  A school district with 
 a teaching residency plan approved by the board of teaching may 
 hire graduates of approved Minnesota teacher preparation 
 programs as teaching residents.  A district shall employ each 
 resident for one school year.  The district and the resident may 
 agree to extend the residency for one additional school year.  A 
 school may employ no more than one teaching resident for every 
 eight full-time equivalent licensed teachers.  No more than 600 
 eligible teachers may be employed as teacher residents in any 
 one school year. 

    Subd. 2.    Teacher eligibility.  Persons eligible to be 
 hired as teaching residents must have received their initial 
 license no more than two years prior to applying for a residency 
 and must have less than nine months of full-time equivalency 
 teaching experience as a licensed teacher. 

    Subd. 3.    Program components.  In order to be approved 
 by the board of teaching, a school district's residency program 
 must at minimum include: 

    (1) training to prepare teachers to serve as mentors to 
 teaching residents; 

    (2) a team mentorship approach to expose teaching residents 
 to a variety of teaching methods, philosophies, and classroom 
 environments; 

    (3) ongoing peer coaching and assessment; 

    (4) assistance to the teaching resident in preparing an 
 individual professional development plan that includes goals, 
 activities, and assessment methodologies; and 

    (5) collaboration with one or more teacher education 
 institutions, career teachers, and other community experts to 
 provide local or regional professional development seminars or 
 other structured learning experiences for teaching residents. 

    A teaching resident's direct classroom supervision 
 responsibilities shall not exceed 80 percent of the 
 instructional time required of a full-time equivalent teacher in 
 the district.  During the time a resident does not supervise a 
 class, the resident shall participate in professional 
 development activities according to the individual plan 
 developed by the resident in conjunction with the school's 
 mentoring team.  Examples of development activities include 
 observing other teachers, sharing experiences with other 
 teaching residents, and professional meetings and workshops. 

    Subd. 4.    Employment conditions.  A school district 
 shall pay a teaching resident a salary equal to 75 percent of 
 the salary of a first-year teacher with a bachelor's degree in 
 the district.  The resident shall be a member of the local 
 bargaining unit and shall be covered under the terms of the 
 contract, except for salary and benefits, unless otherwise 
 provided in this subdivision.  The school district shall provide 
 health insurance coverage for the resident if the district 
 provides it for teachers, and may provide other benefits upon 
 negotiated agreement. 

    Subd. 5.    Applies toward probationary period.  A 
 teaching residency shall count as one year of a teacher's 
 probationary period under section 125.12, subdivision 3, or 
 section 125.17, subdivision 2.  A residency extended for one 
 year shall not count as an additional year under this 
 subdivision. 

    Subd. 6.    Learning and development revenue eligibility. 
  A school district with an approved teaching residency program 
 may use learning and development revenue for each teaching 
 resident in kindergarten through grade six.  A district also may 
 use the revenue for a paraprofessional who is a person of color 
 enrolled in an approved teacher preparation program.  A school 
 district shall not use a teaching resident to replace an 
 existing teaching position unless: 

    (1) there is no teacher available who is properly licensed 
 to fill the vacancy, who has been placed on unrequested leave of 
 absence in the district, and who wishes to be reinstated; and 

    (2) the district's collective bargaining agreement includes 
 a memorandum of understanding that permits teaching residents to 
 fill an existing teaching position. 

    Subd. 7.    Recommendation for licensure requirements.  
 (a) The board of teaching shall develop for teachers of students 
 in prekindergarten through grade 12, model teaching residency 
 outcomes and assessments, and mentoring programs. 

    (b) The board of teaching shall report to the education 
 committees of the legislature by February 15, 1994, on 
 developing a residency program as part of teacher licensure.  
 The report shall at least discuss: 

    (1) whether a teacher residency program should be a 
 prerequisite to obtaining an initial teaching license or a 
 continuing teacher license; 

    (2) the number of teacher residency positions available 
 statewide by school district; 

    (3) how a teacher residency program and a mentorship 
 program for school teachers can be structured; 

    (4) whether additional state funding for teacher residency 
 programs is required; 

    (5) the interrelationship between existing teacher 
 preparation programs and a teacher residency program; 

    (6) issues related to implementing a teacher residency 
 program, including a timeline for implementing the program; and 

    (7) how a teacher residency program may impact upon a 
 teacher licensed in another state who seeks a teaching position 
 in Minnesota. 

    HIST: 1993 c 224 art 7 s 20; 1994 c 647 art 7 s 6-8 

     125.231 Teacher mentorship. 

    Subdivision 1.    Teacher mentoring programs.  School 
 districts are encouraged to develop teacher mentoring programs 
 for teachers new to the profession or district, including 
 teaching residents, teachers of color, teachers with special 
 needs, or experienced teachers in need of peer coaching.  

    Subd. 2. Repealed, 1Sp1995 c 3 art 8 s 26 

    Subd. 3.    Applications.  The board of teaching shall 
 make application forms available to sites interested in 
 developing or expanding a mentorship program.  A school 
 district, a group of school districts, or a coalition of 
 districts, teachers and teacher education institutions may apply 
 for a teacher mentorship program grant.  The board of teaching, 
 in consultation with the teacher mentoring task force, shall 
 approve or disapprove the applications.  To the extent possible, 
 the approved applications must reflect effective mentoring 
 components, include a variety of coalitions and be 
 geographically distributed throughout the state.  The board of 
 teaching shall encourage the selected sites to consider the use 
 of its assessment procedures.  

    Subd. 4.    Criteria for selection.  At a minimum, 
 applicants must express commitment to: 

    (1) allow staff participation; 

    (2) assess skills of both beginning and mentor teachers; 

    (3) provide appropriate in-service to needs identified in 
 the assessment; 

    (4) provide leadership to the effort; 

    (5) cooperate with higher education institutions; 

    (6) provide facilities and other resources; 

    (7) share findings, materials, and techniques with other 
 school districts; and 

    (8) retain teachers of color. 

    Subd. 5.    Additional funding.  Applicants are required 
 to seek additional funding and assistance from sources such as 
 school districts, post-secondary institutions, foundations, and 
 the private sector. 

    Subd. 6. Repealed, 1991 c 265 art 8 s 7; art 11 s 26 

    Subd. 7.    Program implementation.  New and expanding 
 mentorship sites that are funded to design, develop, implement, 
 and evaluate their program must participate in activities that 
 support program development and implementation.  The board of 
 teaching must provide resources and assistance to support new 
 sites in their program efforts.  These activities and services 
 may include, but are not limited to:  planning, planning guides, 
 media, training, conferences, institutes, and regional and 
 statewide networking meetings.  Nonfunded schools or districts 
 interested in getting started may participate.  Fees may be 
 charged for meals, materials, and the like. 

    HIST: 1987 c 398 art 8 s 13; 1990 c 562 art 7 s 8; 1991 c 265 
 art 8 s 7; 1993 c 224 art 7 s 21; 1994 c 647 art 8 s 19,20 

   125.24 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.24 MS 1969 Repealed, Ex1971 c 33 s 17 

     125.241 Administrators academy. 

    Subdivision 1.    Services.  An administrators academy 
 is established.  The academy shall provide at least the 
 following services: 

    (1) an administrator assessment that results in an 
 individual professional development plan; 

    (2) research and development assistance that provides 
 current research and data of interest to administrators; and 

    (3) brokerage assistance to provide services and resources 
 to help administrators with needs identified in their individual 
 professional development plan. 

    Subd. 2.    Governance.  The commissioner of children, 
 families, and learning shall appoint a 17-member committee to 
 govern the administrators academy.  Eight members must be from 
 among administrators who are receiving or have received the 
 services of the academy.  In addition, a representative of each 
 of the following organizations:  Minnesota department of 
 children, families, and learning, Minnesota association of 
 school administrators, Minnesota elementary school principals, 
 Minnesota secondary school principals, University of Minnesota, 
 state university system, and a representative from the private 
 colleges must be appointed by the organization each represents.  
 Parents and teachers shall also have representation on the 
 governing board.  

    Subd. 3. Repealed, 1989 c 329 art 9 s 34 

    HIST: 1987 c 398 art 8 s 14; 1Sp1995 c 3 art 16 s 13 

   125.25 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.25 MS 1969 Repealed, Ex1971 c 33 s 17 

   125.26 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.26 MS 1969 Repealed, Ex1971 c 33 s 17 

  125.27 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.28 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.29 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.30 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.31 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.32 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.325 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.33 MS 1953 Repealed, 1957 c 947 art 9 s 9 

  125.34 MS 1957 Renumbered 129.06 

  125.35 MS 1957 Renumbered 129.07 

  125.36 MS 1957 Renumbered 129.08 

  125.37 MS 1957 Renumbered 129.09 

  125.38 MS 1957 Renumbered 129.10 

  125.46 MS 1957 Renumbered 129.11 

  125.51 MS 1957 Renumbered 129.12 

     125.52 Interstate agreement on qualifications of 
  educational personnel. 

    The interstate agreement on qualifications of educational 
 personnel is hereby enacted into law and entered into with all 
 jurisdictions legally joining therein in the form substantially 
 as follows: 

            INTERSTATE AGREEMENT ON QUALIFICATIONS OF 

                      EDUCATIONAL PERSONNEL 

                            ARTICLE I 

                  PURPOSE, FINDINGS, AND POLICY 

    (1) The states party to this agreement, desiring by common 
 action to improve their respective school systems by utilizing 
 the teacher or other professional educational person wherever 
 educated, declare that it is the policy of each of them, on the 
 basis of cooperation with one another, to take advantage of the 
 preparation and experience of such persons wherever gained, 
 thereby serving the best interests of society, of education, and 
 of the teaching profession.  It is the purpose of this agreement 
 to provide for the development and execution of such programs of 
 cooperation as will facilitate the movement of teachers and 
 other professional educational personnel among the states party 
 to it, and to authorize specific interstate educational 
 personnel contracts to achieve that end. 

    (2) The party states find that included in the large 
 movement of population among all sections of the nation are many 
 qualified educational personnel who move for family and other 
 personal reasons but who are hindered in using their 
 professional skill and experience in their new locations.  
 Variations from state to state in requirements for qualifying 
 educational personnel discourage such personnel from taking the 
 steps necessary to qualify in other states.  As a consequence, a 
 significant number of professionally prepared and experienced 
 educators is lost to our school systems.  Facilitating the 
 employment of qualified educational personnel, without reference 
 to their states of origin, can increase the available 
 educational resources.  Participation in this compact can 
 increase the availability of educational manpower.  

                            ARTICLE II 

                           DEFINITIONS 

    As used in this agreement and contracts made pursuant to 
 it, unless the context clearly requires otherwise: 

    (1) Educational personnel means persons who must meet 
 requirements pursuant to state law as a condition of employment 
 in educational programs.  

    (2) Designated state official means the educational 
 official of a state selected by that state to negotiate and 
 enter into, on behalf of this state, contracts pursuant to this 
 agreement.  

    (3) Accept, or any variant thereof, means to recognize and 
 give effect to one or more determinations of another state 
 relating to the qualifications of educational personnel in lieu 
 of making or requiring a like determination that would otherwise 
 be required by or pursuant to the laws of a receiving state.  

    (4) State means a state, territory, or possession of the 
 United States; the District of Columbia; or the commonwealth of 
 Puerto Rico.  

    (5) Originating state means a state (and the subdivision 
 thereof, if any) whose determination that certain educational 
 personnel are qualified to be employed for specific duties in 
 schools is acceptable in accordance with the terms of a contract 
 made pursuant to article III.  

    (6) Receiving state means a state (and the subdivisions 
 thereof) which accepts educational personnel in accordance with 
 the terms of a contract made pursuant to article III.  

                           ARTICLE III 

            INTERSTATE EDUCATIONAL PERSONNEL CONTRACTS 

    (1) The designated state official of a party state may make 
 one or more contracts on behalf of his state with one or more 
 other party states providing for the acceptance of educational 
 personnel.  Any such contract for the period of its duration 
 shall be applicable to and binding on the states whose 
 designated state officials enter into it, and the subdivisions 
 of those states, with the same force and effect as if 
 incorporated in this agreement.  A designated state official may 
 enter into a contract pursuant to this article only with states 
 in which he finds that there are programs of education, 
 certification standards or other acceptable qualifications that 
 assure preparation or qualification of educational personnel on 
 a basis sufficiently comparable, even though not identical to 
 that prevailing in his own state.  

    (2) Any such contract shall provide for: 

    (a) Its duration.  

    (b) The criteria to be applied by an originating state in 
 qualifying educational personnel for acceptance by a receiving 
 state.  

    (c) Such waivers, substitutions, and conditional 
 acceptances as shall aid the practical effectuation of the 
 contract without sacrifice of basic educational standards.  

    (d) Any other necessary matters.  

    (3) No contract made pursuant to this agreement shall be 
 for a term longer than five years but any such contract may be 
 renewed for like or lesser periods.  

    (4) Any contract dealing with acceptance of educational 
 personnel on the basis of their having completed an educational 
 program shall specify the earliest date or dates on which 
 originating state approval of the program or programs involved 
 can have occurred.  No contract made pursuant to this agreement 
 shall require acceptance by a receiving state of any persons 
 qualified because of successful completion of a program prior to 
 January 1, 1954.  

    (5) The certification or other acceptance of a person who 
 has been accepted pursuant to the terms of a contract shall not 
 be revoked or otherwise impaired because the contract has 
 expired or been terminated.  However, any certificate or other 
 qualifying document may be revoked or suspended on any ground 
 which would be sufficient for revocation or suspension of a 
 certificate or other qualifying document initially granted or 
 approved in the receiving state.  

    (6) A contract committee composed of the designated state 
 officials of the contracting states or their representatives 
 shall keep the contract under continuous review, study means of 
 improving its administration, and report no less frequently than 
 once a year to the heads of the appropriate education agencies 
 of the contracting states.  

                            ARTICLE IV 

                  APPROVED AND ACCEPTED PROGRAMS 

    (1) Nothing in this agreement shall be construed to repeal 
 or otherwise modify any law or regulation of a party state 
 relating to the approval of programs of educational preparation 
 having effect solely on the qualification of educational 
 personnel within that state.  

    (2) To the extent that contracts made pursuant to this 
 agreement deal with the educational requirements for the proper 
 qualification of educational personnel, acceptance of a program 
 of educational preparation shall be in accordance with such 
 procedures and requirements as may be provided in the applicable 
 contract.  

                            ARTICLE V 

                      INTERSTATE COOPERATION 

    The party states agree that: 

    (1) They will, so far as practicable, prefer the making of 
 multilateral contracts pursuant to article III of this agreement.

    (2) They will facilitate and strengthen cooperation in 
 interstate certification and other elements of educational 
 personnel qualification and for this purpose shall cooperate 
 with agencies, organizations, and associations interested in 
 certification and other elements of educational personnel 
 qualification.  

                            ARTICLE VI 

                       AGREEMENT EVALUATION 

    The designated state officials of any party state may meet 
 from time to time as a group to evaluate progress under the 
 agreement, and to formulate recommendations for changes.  

                           ARTICLE VII 

                        OTHER ARRANGEMENTS 

    Nothing in this agreement shall be construed to prevent or 
 inhibit other arrangements or practices of any party state or 
 states to facilitate the interchange of educational personnel.  

                           ARTICLE VIII 

                      EFFECT AND WITHDRAWAL 

    (1) This agreement shall become effective when enacted into 
 law by two states.  Thereafter it shall become effective as to 
 any state upon its enactment of this agreement.  

    (2) Any party state may withdraw from this agreement by 
 enacting a statute repealing the same, but no such withdrawal 
 shall take effect until one year after the governor of the 
 withdrawing state has given notice in writing of the withdrawal 
 to the governors of all other party states.  

    (3) No withdrawal shall relieve the withdrawing state of 
 any obligation imposed upon it by a contract to which it is a 
 party.  The duration of contracts and the methods and conditions 
 of withdrawal therefrom shall be those specified in their terms. 

                            ARTICLE IX 

                  CONSTRUCTION AND SEVERABILITY 

    This agreement shall be liberally construed so as to 
 effectuate the purposes thereof.  The provisions of this 
 agreement shall be severable and if any phrase, clause, 
 sentence, or provision of this agreement is declared to be 
 contrary to the constitution of any state or of the United 
 States, or the application thereof to any government, agency, 
 person, or circumstance is held invalid, the validity of the 
 remainder of this agreement and the applicability thereof to any 
 government, agency, person, or circumstance shall not be 
 affected thereby.  If this agreement shall be held contrary to 
 the constitution of any state participating therein, the 
 agreement shall remain in full force and effect as to the state 
 affected as to all severable matters.  

    HIST: 1969 c 20 s 1 

     125.53 Designated state official. 

    For the purposes of the agreement set forth in section 
 125.52, the designated state official for this state shall be 
 the commissioner of children, families, and learning. 

    HIST: 1969 c 20 s 2; 1Sp1995 c 3 art 16 s 13 

     125.54 Record of contracts. 

    Two copies of all contracts made on behalf of this state 
 pursuant to the agreement set forth in section 125.52 shall be 
 kept on file in the office of the commissioner of children, 
 families, and learning. 

    HIST: 1969 c 20 s 3; 1Sp1995 c 3 art 16 s 13 

     125.60 Extended leaves of absence. 

    Subdivision 1.  As used in this section, the term 
 "teachers" shall have the meaning given it in section 125.03, 
 subdivision 1.  

    Subd. 2.  The board of any district may grant an extended 
 leave of absence without salary to any full- or part-time 
 elementary or secondary teacher who has been employed by the 
 district for at least five years and has at least ten years of 
 allowable service, as defined in section 354.05, subdivision 13, 
 or the bylaws of the appropriate retirement association or ten 
 years of full-time teaching service in Minnesota public 
 elementary and secondary schools.  The maximum duration of an 
 extended leave of absence pursuant to this section shall be 
 determined by mutual agreement of the board and the teacher at 
 the time the leave is granted and shall be at least three but no 
 more than five years.  An extended leave of absence pursuant to 
 this section shall be taken by mutual consent of the board and 
 the teacher.  If the school board denies a teacher's request, it 
 shall provide reasonable justification for the denial.  

    Subd. 2a. Repealed, 1984 c 463 art 7 s 54 

    Subd. 3.    Reinstatement.  Except as provided in 
 subdivisions 6a and 6b, a teacher on an extended leave of 
 absence pursuant to this section shall have the right to be 
 reinstated to a position for which the teacher is licensed at 
 the beginning of any school year which immediately follows a 
 year of the extended leave of absence, unless the teacher fails 
 to give the required notice of intention to return or is 
 discharged or placed on unrequested leave of absence or the 
 contract is terminated pursuant to section 125.12 or 125.17 
 while the teacher is on the extended leave.  The board shall not 
 be obligated to reinstate any teacher who is on an extended 
 leave of absence pursuant to this section, unless the teacher 
 advises the board of the intention to return before February 1 
 in the school year preceding the school year in which the 
 teacher wishes to return or by February 1 in the calendar year 
 in which the leave is scheduled to terminate.  

    Subd. 4.  Any teacher who is reinstated to a teaching 
 position after an extended leave of absence pursuant to this 
 section shall retain seniority and continuing contract rights in 
 the employing district as though the teacher had been teaching 
 in the district during the period of the extended leave; 
 provided, however, this subdivision shall not be construed to 
 require a board to reinstate a teacher to any particular 
 position or to include the years spent on the extended leave of 
 absence in the determination of a teacher's salary upon return 
 to teaching in this district.  

    Subd. 5.  The years spent by a teacher on an extended leave 
 of absence pursuant to this section shall not be included in the 
 determination of salary upon return to teaching in the 
 district.  The credits earned by a teacher on an extended leave 
 of absence pursuant to this section shall not be included in the 
 determination of salary upon return to teaching in the district 
 for a period equal to the time of the extended leave of absence. 

    Subd. 6.  Nothing within the provisions of this section 
 shall be construed to limit the authority of a school board to 
 grant any teacher a leave of absence which is not subject to the 
 provisions of this section and sections 354.094 and 354A.091. 

    Subd. 6a.  No school board shall be obligated to reinstate 
 a teacher who takes a full-time or part-time position as a 
 teacher in another Minnesota school district while on an 
 extended leave of absence pursuant to this section.  This 
 subdivision shall not apply to a teacher who is employed as a 
 substitute teacher.  

    Subd. 6b.  A school board shall not be obligated to 
 reinstate a superintendent on an extended leave of absence 
 pursuant to this section to a position in the district.  

    Subd. 7. Repealed, 1989 c 329 art 9 s 34 

    Subd. 8.  A teacher on an extended leave of absence shall 
 receive all of the health, accident, medical, surgical and 
 hospitalization insurance or benefits, for both the teacher and 
 the teacher's dependents, for which the teacher would otherwise 
 be eligible if not on an extended leave, if such coverage is 
 available from the school district's insurer, if the teacher 
 requests the coverage, and if the teacher either (a) reimburses 
 the district for the full amount of the premium necessary to 
 maintain the coverage within one month following the district's 
 payment of the premium, or (b) if the district is wholly or 
 partially self-insured, pays the district, according to a 
 schedule agreed upon by the teacher and the school board, an 
 amount determined by the school board to be the amount that 
 would be charged for the coverage chosen by the teacher if the 
 school board purchased all health, accident, medical, surgical 
 and hospitalization coverage for its teachers from an insurer.  

    HIST: 1977 c 447 art 9 s 1; 1978 c 764 s 79-82; 1979 c 334 art 
 8 s 1-6; 1980 c 609 art 6 s 27; 1981 c 358 art 8 s 1,2; 1983 c 
 314 art 10 s 1-3; 1Sp1985 c 12 art 6 s 12; art 7 s 23; 1986 c 
 444; 1987 c 258 s 12; 1989 c 246 s 2; 1990 c 562 art 8 s 31; 
 1991 c 130 s 27; 1996 c 412 art 13 s 23 

    125.61 Subdivision 1.  Repealed, 1980 c 609 art 6 
 s 48 

    Subd. 1a. Repealed, 1980 c 609 art 6 s 48 

    Subd. 2. Repealed, 1980 c 609 art 6 s 48 

    Subd. 3. Repealed, 1980 c 609 art 6 s 48 

    Subd. 3a. Repealed, 1980 c 609 art 6 s 48 

    Subd. 4. Repealed, 1980 c 609 art 6 s 48 

    Subd. 4a. Repealed, 1980 c 609 art 6 s 48 

    Subd. 4b. Repealed, 1980 c 609 art 6 s 48 

    Subd. 5.  Repealed, 1978 c 764 s 143 

    Subd. 6. Repealed, 1980 c 609 art 6 s 48 

     125.611 Teacher early retirement incentive program. 

    Subdivision 1.    Criteria.  For purposes of this 
 section, "teacher" means a teacher as defined in section 125.03, 
 subdivision 1, who:  

    (a) is employed in a public elementary or secondary school 
 in the state and 

    (b) either 

    (1)(i) has not less than 15 total years of full-time 
 teaching service in elementary, secondary, and technical 
 colleges, or at least 15 years of allowable service as defined 
 in sections 354.05, subdivision 13; 354.092; 354.093; 354.094; 
 354.53; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 
 354A.093; 354A.094; or Laws 1982, chapter 578, article II, 
 section 1 and 

    (ii) has or will have attained the age of 55 years but less 
 than 65 years as of the June 30 in the school year during which 
 an application for an early retirement incentive is made, or 

    (2) has not less than 30 total years of full-time teaching 
 service in elementary, secondary, and technical colleges, or at 
 least 30 years of allowable service as defined in sections 
 354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53; 
 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 354A.093; 
 354A.094; or Laws 1982, chapter 578, article II, section 1. 

    Subd. 2.  For purposes of this section, "retirement"  means 
 termination of services in the employing district and withdrawal 
 from active teaching service.  

    Subd. 3. Repealed, 1Sp1985 c 12 art 6 s 31 

    Subd. 4. Repealed, 1Sp1985 c 12 art 6 s 31 

    Subd. 5. Repealed, 1Sp1985 c 12 art 6 s 31 

    Subd. 6. Repealed, 1Sp1985 c 12 art 6 s 31 

    Subd. 7. Repealed, 1Sp1985 c 12 art 6 s 31 

    Subd. 8. Repealed, 1987 c 398 art 7 s 43 

    Subd. 9. Repealed, 1987 c 398 art 7 s 43 

    Subd. 10. Repealed, 1987 c 398 art 7 s 43 

    Subd. 11.  Notwithstanding the provisions of subdivision 2, 
 a teacher who has entered into an agreement for termination of 
 services and withdrawal from active teaching service with an 
 early retirement incentive may be employed as a substitute 
 teacher after retirement.  

    Subd. 12.  Any amount of unemployment insurance that the 
 teacher receives and for which the district is required to pay 
 into the reemployment insurance fund pursuant to section 
 268.052, subdivision 1, may be deducted by the district from the 
 amount of the teacher's early retirement incentive or recovered 
 by the district from the teacher up to the amount of the early 
 retirement incentive.  

    Subd. 13.    Applications.  A teacher meeting the 
 requirements of subdivision 1 may apply to the school board of 
 the employing district for a contract for termination of 
 services, withdrawal from active teaching service, and payment 
 of an early retirement incentive.  This application shall be 
 submitted on or before February 1 of the school year at the end 
 of which the teacher wishes to retire.  A school board shall 
 approve or deny the application within 30 days after it is 
 received by the board.  The amount of the early retirement 
 incentive shall be agreed upon between the teacher and the 
 school board.  The early retirement incentive shall be paid by 
 the employing district at the time and in the manner mutually 
 agreed upon by a teacher and the board.  

    HIST: 1980 c 609 art 6 s 28; 1981 c 358 art 8 s 3-8; 1982 c 
 548 art 4 s 11; 1983 c 67 s 1; 1983 c 314 art 10 s 4,5; 1984 c 
 463 art 7 s 15; 1986 c 444; 1987 c 258 s 12; 1987 c 398 art 7 s 
 30-32; 1989 c 246 s 2; 1994 c 465 art 2 s 13; 1994 c 488 s 8; 
 1996 c 412 art 13 s 24; 1997 c 66 s 79 

     125.615 Return to full-time work. 

    A teacher with 20 or more years of allowable service credit 
 under chapter 354 or 354A who was assigned to a part-time 
 position under section 354.66 or 354A.094 after June 30, 1994, 
 must be given the option of returning to full-time employment if 
 the employer does not make the full employer contribution to the 
 applicable pension fund under section 354.66, subdivision 4, or 
 354A.094, subdivision 4, after July 1, 1995.  If an employer 
 decides not to make the full employer contribution to the 
 pension fund after July 1, 1995, it must notify any affected 
 part-time teacher of this decision in writing within 30 days of 
 the employer's decision.  A teacher receiving this notice who 
 wishes to return to work full time must notify the employer of 
 intent to return to full-time employment within 30 days of 
 receiving notice from the employer, and must return to full-time 
 employment by the beginning of the next school year. 

    HIST: 1995 c 262 art 1 s 1 

     125.62 Grants to prepare Indian teachers. 

    Subdivision 1.    Establishment.  A grant program is 
 established to assist American Indian people to become teachers 
 and to provide additional education for American Indian 
 teachers.  The state board may award a joint grant to each of 
 the following:  

    (1) the Duluth campus of the University of Minnesota and 
 independent school district No. 709, Duluth; 

    (2) Bemidji state university and independent school 
 district No. 38, Red Lake; 

    (3) Moorhead state university and one of the school 
 districts located within the White Earth reservation; and 

    (4) Augsburg college, independent school district No. 625, 
 St. Paul, and special school district No. 1, Minneapolis. 

    Subd. 2.    Application.  To obtain a joint grant, a 
 joint application shall be submitted to the state board of 
 education.  The application must be developed with the 
 participation of the parent advisory committee, established 
 according to section 126.51, and the Indian advisory committee 
 at the post-secondary institution.  The joint application shall 
 set forth: 

    (1) the in-kind, coordination, and mentorship services to 
 be provided by the post-secondary institution; and 

    (2) the coordination and mentorship services to be provided 
 by the school district. 

    Subd. 3.    Review and comment.  The state board shall 
 submit the joint application to the Minnesota Indian scholarship 
 committee for review and comment. 

    Subd. 4.    Grant amount.  The state board may award a 
 joint grant in the amount it determines to be appropriate.  The 
 grant shall include money for the post-secondary institution, 
 school district, student scholarships, and student loans. 

    Subd. 5.    Information to student applicants.  At the 
 time a student applies for a scholarship and loan, the student 
 shall be provided information about the fields of licensure 
 needed by school districts in the part of the state within which 
 the district receiving the joint grant is located.  The 
 information shall be acquired and periodically updated by the 
 recipients of the joint grant.  Information provided to students 
 shall clearly state that scholarship and loan decisions are not 
 based upon the field of licensure selected by the student. 

    Subd. 6.    Eligibility for scholarships and loans.  The 
 following Indian people are eligible for scholarships: 

    (1) a student, including a teacher aide employed by a 
 district receiving a joint grant, who intends to become a 
 teacher and who is enrolled in a post-secondary institution 
 receiving a joint grant; 

    (2) a licensed employee of a district receiving a joint 
 grant, who is enrolled in a master of education program; and 

    (3) a student who, after applying for federal and state 
 financial aid and an Indian scholarship according to section 
 124.48, has financial needs that remain unmet.  Financial need 
 shall be determined according to the congressional methodology 
 for needs determination or as otherwise set in federal law. 

    A person who has actual living expenses in addition to 
 those addressed by the congressional methodology for needs 
 determination, or as otherwise set in federal law, may receive a 
 loan according to criteria established by the state board.  A 
 contract shall be executed between the state and the student for 
 the amount and terms of the loan. 

    Subd. 7.    Loan forgiveness.  The loan may be forgiven 
 if the recipient is employed as a teacher, as defined in section 
 125.12 or 125.17, in an eligible school or program in 
 Minnesota.  One-fourth of the principal of the outstanding loan 
 amount shall be forgiven for each year of eligible employment, 
 or a pro rata amount for eligible employment during part of a 
 school year, part-time employment as a substitute teacher, or 
 other eligible part-time teaching.  Loans for $2,500 or less may 
 be forgiven at the rate of up to $1,250 per year.  The following 
 schools and programs are eligible for the purposes of loan 
 forgiveness: 

    (1) a school or program operated by a school district; 

    (2) a tribal contract school eligible to receive aid 
 according to section 124.86; 

    (3) a head start program; 

    (4) an early childhood family education program; 

    (5) a program providing educational services to children 
 who have not entered kindergarten; or 

    (6) a program providing educational enrichment services to 
 American Indian students in grades kindergarten through 12. 

    If a person has an outstanding loan obtained through this 
 program, the duty to make payments of principal and interest may 
 be deferred during any time period the person is enrolled at 
 least one-half time in an advanced degree program in a field 
 that leads to employment by a school district.  To defer loan 
 obligations, the person shall provide written notification to 
 the state board of education and the recipients of the joint 
 grant that originally authorized the loan.  Upon approval by the 
 state board and the joint grant recipients, payments shall be 
 deferred.  

    The loan forgiveness program, loan deferral, and procedures 
 to administer the program shall be approved by the higher 
 education services office. 

    Subd. 8.    Revolving fund.  The Indian teacher 
 preparation loan repayment revolving account is established in 
 the state treasury.  Any amounts repaid or contributed by a 
 teacher who received a scholarship or loan under this program 
 shall be deposited in the account.  All money in the account is 
 annually appropriated to the state board of education and shall 
 be used to enable Indian students to participate in the program. 

    HIST: 1991 c 265 art 3 s 17; 1992 c 499 art 3 s 11; 1995 c 212 
 art 3 s 59; 1Sp1995 c 3 art 3 s 7,8 

     125.623 Teachers of color program. 

    Subdivision 1.    Definition.  For purposes of this 
 section, "people of color" means permanent United States 
 residents who are African-American, American Indian or Alaskan 
 native, Asian or Pacific Islander, or Hispanic. 

    Subd. 2.    Grants.  The commissioner of children, 
 families, and learning in consultation with the 
 desegregation/integration advisory board established in section 
 121.1601, subdivision 3, shall award grants for professional 
 development programs to recruit and educate people of color in 
 the field of education, including early childhood and parent 
 education.  Grant applicants must be a school district with a 
 growing minority population working in collaboration with a 
 state institution of higher education with an approved teacher 
 licensure program or an approved early childhood or parent 
 education licensure program. 

    Subd. 3.    Program requirements.  (a) A grant recipient 
 shall recruit persons of color to be teachers in elementary, 
 secondary, early childhood or parent education, and provide 
 support in linking program participants with jobs in the 
 recipient's school district. 

    (b) A grant recipient shall establish an advisory council 
 composed of representatives of communities of color. 

    (c) A grant recipient, with the assistance of the advisory 
 council, shall recruit high school students and other persons, 
 including educational paraprofessionals, support them through 
 the higher education application and admission process, advise 
 them while enrolled and link them with support resources in the 
 college or university and the community. 

    (d) A grant recipient shall award stipends to students of 
 color enrolled in an approved licensure program to help cover 
 the costs of tuition, student fees, supplies, and books.  
 Stipend awards must be based on a student's financial need and 
 students must apply for any additional financial aid they are 
 eligible for to supplement this program.  No more than ten 
 percent of the grant may be used for costs of administering the 
 program.  Students must agree to teach in the grantee school 
 district for at least two years after licensure.  If the 
 district has no licensed positions open, the student may teach 
 in another district in Minnesota. 

    (e) The commissioner of children, families, and learning 
 shall consider the following criteria in awarding grants: 

    (1) whether the program is likely to increase the 
 recruitment and retention of students of color in teaching; 

    (2) whether grant recipients will recruit paraprofessionals 
 from the district to work in its schools; and 

    (3) whether grant recipients will establish or have a 
 mentoring program for students of color. 

    HIST: 1993 c 224 art 8 s 9; 1994 c 647 art 8 s 21; 1Sp1995 c 3 
 art 8 s 7; art 16 s 13 

     125.70 Citation. 

    Sections 125.701 to 125.705 may be cited as the "Minnesota 
 family connections act."  

    HIST: 1981 c 358 art 6 s 6; 1983 c 314 art 9 s 12; 1989 c 329 
 art 7 s 15; 1991 c 130 s 37; 1994 c 465 art 2 s 1; 1996 c 412 
 art 4 s 13 

     125.701 Purpose of the family connections act. 

    The legislature recognizes the unique and lifelong learning 
 and development process of all human beings.  The legislature is 
 committed to the goal of maximizing the individual growth 
 potential of all learners.  The purposes of the family 
 connections act are:  

    (1) to offer family connections programs which emphasize 
 learning and development based on learner outcomes; 

    (2) to recognize and utilize the unique skills that 
 teachers, students, family, and the community have in both the 
 teaching process and the learning and development process; and 

    (3) to provide an opportunity for maximum use of teachers, 
 principals, and counselors.  

    HIST: 1981 c 358 art 6 s 7; 1983 c 314 art 9 s 12; 1989 c 329 
 art 7 s 16; 1991 c 130 s 37; 1996 c 412 art 4 s 14 

     125.702 Program selection. 

    Subdivision 1.    Authorization.  A school district or 
 group of districts may establish an improved learning program.  

    Subd. 2.    Rules and rights.  The state board of 
 education may waive school district compliance with its rules 
 which would prevent implementation of an improved learning 
 program.  Participation in an improved learning program as a 
 principal-teacher, counselor-teacher, or career teacher shall 
 not affect seniority in the district or rights under the 
 applicable collective bargaining agreement.  

    Subd. 3.    Additional funding.  A school district 
 providing an improved learning program may receive funds for the 
 program from private sources and governmental agencies, 
 including state or federal funds.  

    HIST: 1981 c 358 art 6 s 8; 1983 c 314 art 9 s 1,12; 1984 c 
 463 art 7 s 2; 1987 c 398 art 1 s 19,20; 1991 c 130 s 37 

     125.703 Advisory council. 

    The school board of a district providing a family 
 connections program shall appoint an advisory council.  Council 
 members shall be selected from the school attendance area in 
 which programs are provided.  Members of the council may include 
 students, teachers, principals, administrators and community 
 members.  A majority of the members shall be parents with 
 children participating in the local program.  The local advisory 
 council shall advise the school board in the development, 
 coordination, supervision, and review of the career teacher 
 program.  The council shall meet at least two times each year 
 with any established community education advisory council in the 
 district.  Members of the council may be members of the 
 community education advisory council.  The council shall report 
 to the school board. 

    HIST: 1981 c 358 art 6 s 9; 1983 c 314 art 9 s 12; 1989 c 329 
 art 7 s 17; 1991 c 130 s 37; 1996 c 412 art 4 s 15 

     125.704 Family connections program components. 

    Subdivision 1.    Mandatory components.  A family 
 connections program shall include:  

    (1) participation by a designated individual as a career 
 teacher, principal-teacher, or counselor teacher; 

    (2) an emphasis on each individual child's unique learning 
 and development needs; 

    (3) procedures to give the career teacher a major 
 responsibility for leadership of the instructional and 
 noninstructional activities of each child beginning with early 
 childhood family education; 

    (4) procedures to involve parents in the learning and 
 development experiences of their children; 

    (5) procedures to implement outcome based education by 
 focusing on the needs of the learner; 

    (6) procedures to coordinate and integrate the 
 instructional program with all community education programs; 

    (7) procedures to concentrate career teacher programs at 
 sites that provide early childhood family education and 
 subsequent learning and development programs; and 

    (8) procedures for the district to fund the program.  

    Subd. 2.    Optional components.  A family connections 
 program may include:  

    (1) efforts to improve curricula strategies, instructional 
 strategies, and use of materials that respond to the individual 
 educational needs and learning styles of each pupil in order to 
 enable each pupil to make continuous progress and to learn at a 
 rate appropriate to that pupil's abilities; 

    (2) efforts to develop student abilities in basic skills; 
 applied learning skills; and, when appropriate, arts; 
 humanities; physical, natural, and social sciences; 
 multicultural education; physical, emotional, and mental health; 
 consumer economics; and career education; 

    (3) use of community resources and communications media to 
 pursue learning and development opportunities for pupils; 

    (4) staff development for teachers and other school 
 personnel; 

    (5) improvements to the learning and development 
 environment, including use of the community in general, to 
 enhance the learning and development process; 

    (6) cooperative efforts with other agencies involved with 
 human services or child development and development of 
 alternative community based learning and development 
 experiences; 

    (7) post-secondary education components for pupils who are 
 able to accelerate or programs for pupils with special abilities 
 and interests who are given advanced learning and development 
 opportunities within existing programs; 

    (8) use of volunteers in the learning and development 
 program; 

    (9) flexible attendance schedules for pupils; 

    (10) adult education component; 

    (11) coordination with early childhood family education and 
 community education programs; 

    (12) variable student/faculty ratios for special education 
 students to provide for special programming; 

    (13) inclusion of nonpublic pupils as part of the ratio in 
 the career teacher, principal-teacher, and counselor teacher 
 component; 

    (14) application of educational research findings; 

    (15) summer learning and development experiences for 
 students as recommended by the career teacher, 
 principal-teacher, and counselor teacher; 

    (16) use of education assistants, teacher aides, or 
 paraprofessionals as part of the career teacher program; 

    (17) establishment of alternative criteria for high school 
 graduation; and 

    (18) variable age and learning size groupings of students. 

    HIST: 1981 c 358 art 6 s 10; 1983 c 314 art 9 s 2,12; 1989 c 
 329 art 7 s 18; 1991 c 130 s 37; 1996 c 412 art 4 s 16 

     125.705 Career teacher. 

    Subdivision 1.    Status.  A family connections program 
 may include a career teacher, principal-teacher, and counselor 
 teacher component.  The career teacher, principal-teacher, and 
 counselor teacher shall not be the exclusive teacher for 
 students assigned to them but shall serve as a primary teacher 
 and perform the function of developing and implementing a 
 student's overall learning and development program.  The career 
 teacher, principal-teacher, and counselor teacher may be 
 responsible for regular assignments as well as learning and 
 development programs for other assigned students.  

    Subd. 2.    Qualifications.  (a) An individual employed 
 as a career teacher must be licensed as a teacher and shall be 
 considered a teacher as defined in section 179A.03, subdivision 
 18, for purposes of chapter 179A.  

    (b) An individual employed as a principal teacher must be 
 licensed as a principal and shall be considered a principal, as 
 defined in section 179A.03, subdivision 12, for purposes of 
 chapter 179A. 

    (c) An individual employed as a counselor teacher must be 
 licensed as a counselor and shall be considered a teacher, as 
 defined in section 179A.03, subdivision 18, for purposes of 
 chapter 179A. 

    Subd. 3.    Staff/student ratio.  (a) Except as provided 
 in clause (b), one career teacher, principal-teacher, or 
 counselor teacher shall be assigned for every 125 students.  For 
 each special education student included in the assignment, the 
 1:125 ratio shall be reduced by one.  

    (b) One principal-teacher shall be assigned for every 50 
 students when the principal-teacher is also the principal of the 
 school.  

    Subd. 4.    Selection; renewal.  (a) The school board 
 shall establish procedures for teachers, principals, and 
 counselors to apply for the position of career teacher, 
 principal-teacher, or counselor teacher.  The authority for 
 selection of career teachers, principal-teachers, and counselor 
 teachers shall be vested in the board and no individual shall 
 have a right to employment as a career teacher, 
 principal-teacher, or counselor teacher based on seniority or 
 order of employment in the district.  

    (b) Employment of the career teacher, principal-teacher, 
 and counselor teacher may be on a 12-month basis with vacation 
 time negotiated individually with the board.  The annual 
 contract of a career teacher, principal-teacher, or counselor 
 teacher may not be renewed, as the board shall see fit; 
 provided, however, the board shall give any such teacher whose 
 contract as a career teacher, principal-teacher, or counselor 
 teacher it declines to renew for the following year written 
 notice to that effect before April 15.  If the board fails to 
 renew the contract of a career teacher, principal-teacher, or 
 counselor teacher, that individual shall be reinstated to 
 another position in the district if eligible pursuant to section 
 125.12 or 125.17.  

    Subd. 5.    Duties.  The career teacher, 
 principal-teacher, and counselor teacher shall be responsible 
 for:  

    (1) the overall education, learning, and development plan 
 of assigned students.  This plan shall be designed by the career 
 teacher, principal-teacher, and counselor teacher with the 
 student, parents, and other faculty, and shall seek to maximize 
 the learning and development potential and maturation level of 
 each pupil; 

    (2) measuring the proficiency of the assigned students and 
 assisting other staff in identifying pupil needs and making 
 appropriate educational and subject groupings; 

    (3) when part of the district's plan, taking responsibility 
 for the parent and early childhood education of assigned 
 students; 

    (4) designing and being responsible for program components 
 which meet special learning needs of high potential and talented 
 students; 

    (5) coordinating the ongoing, year-to-year learning and 
 development program for assigned students; and 

    (6) developing learning and development portfolios.  

    HIST: 1981 c 358 art 6 s 11; 1983 c 314 art 9 s 12; 1984 c 462 
 s 27; 1986 c 444; 1989 c 329 art 7 s 19; 1989 c 356 s 49; 1991 c 
 130 s 37; 1996 c 412 art 4 s 17 

     125.706 Preparation time. 

    Beginning with agreements effective July 1, 1995, and 
 thereafter, all collective bargaining agreements for teachers 
 provided for under chapter 179A, must include provisions for 
 preparation time or a provision indicating that the parties to 
 the agreement chose not to include preparation time in the 
 contract. 

    If the parties cannot agree on preparation time the 
 following provision shall apply and be incorporated as part of 
 the agreement:  "Within the student day for every 25 minutes of 
 classroom instructional time, a minimum of five additional 
 minutes of preparation time shall be provided to each licensed 
 teacher.  Preparation time shall be provided in one or two 
 uninterrupted blocks during the student day.  Exceptions to this 
 may be made by mutual agreement between the district and the 
 exclusive representative of the teachers." 

    HIST: 1993 c 224 art 12 s 26; 1994 c 647 art 8 s 22 

     125.80 Teacher lunch period. 

    Each teacher shall be provided with a duty-free lunch 
 period, scheduled according to school board policy or negotiated 
 agreement. 

    HIST: 1993 c 224 art 12 s 27