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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 122A

Section 122A.09

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122A.09 DUTIES.
    Subdivision 1. Code of ethics. The Board of Teaching must develop by rule a code of ethics
covering standards of professional teaching practices, including areas of ethical conduct and
professional performance and methods of enforcement.
    Subd. 2. Advise members of profession. The board must act in an advisory capacity to
members of the profession in matters of interpretation of the code of ethics.
    Subd. 3. Election of chair and officers. The board shall elect a chair and such other officers
as it may deem necessary.
    Subd. 4. License and rules. (a) The board must adopt rules to license public school teachers
and interns subject to chapter 14.
(b) The board must 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 must 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 must adopt rules to approve teacher preparation programs. The board, upon
the request of a postsecondary student preparing for teacher licensure or a licensed graduate
of a teacher preparation program, shall assist in resolving a dispute between the person and a
postsecondary institution providing a teacher preparation program when the dispute involves an
institution's recommendation for licensure affecting the person or the person's credentials. At the
board's discretion, assistance may include the application of chapter 14.
(d) The board must provide the leadership and 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 must 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 September 1, 2001.
(f) The board must adopt rules requiring teacher educators to work directly with elementary
or secondary school teachers in elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.
(g) The board must grant licenses to interns and to candidates for initial licenses.
(h) The board must 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 must receive recommendations from local committees as established by the
board for the renewal of teaching licenses.
(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and 214.10.
The board must not establish any expiration date for application for life licenses.
(k) The board must adopt rules that require all licensed teachers who are renewing their
continuing license to include in their renewal requirements further preparation in the areas of
using positive behavior interventions and in accommodating, modifying, and adapting curricula,
materials, and strategies to appropriately meet the needs of individual students and ensure
adequate progress toward the state's graduation rule.
(l) In adopting rules to license public school teachers who provide health-related services for
disabled children, the board shall adopt rules consistent with license or registration requirements
of the commissioner of health and the health-related boards who license personnel who perform
similar services outside of the school.
(m) The board must adopt rules that require all licensed teachers who are renewing their
continuing license to include in their renewal requirements further reading preparation, consistent
with section 122A.06, subdivision 4. The rules do not take effect until they are approved by
law. Teachers who do not provide direct instruction including, at least, counselors, school
psychologists, school nurses, school social workers, audiovisual directors and coordinators, and
recreation personnel are exempt from this section.
(n) The board must adopt rules that require all licensed teachers who are renewing their
continuing license to include in their renewal requirements further preparation in understanding
the key warning signs of early-onset mental illness in children and adolescents.
    Subd. 5. Commissioner's representative to comment on proposed rule. 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. 6. Register of persons licensed. 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 must show the name, address, license number and the renewal of the
license. The board must on July 1, of each year or as soon thereafter as is practicable, compile
a list of such duly licensed teachers and transmit a copy of the list to the board. A copy of the
register must be available during business hours at the office of the board to any interested person.
    Subd. 7. Commissioner's assistance; board money. 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 122A.01, 122A.05 to 122A.09, 122A.15, 122A.16,
122A.17, 122A.18, 122A.20, 122A.21, 122A.22, 122A.23, 122A.26, 122A.30, 122A.32,
122A.40, 122A.41, 122A.42, 122A.45, 122A.49, 122A.52, 122A.53, 122A.54, 122A.55,
122A.56, 122A.57, and 122A.58 which are incurred by the Board of Teaching shall be paid for
from appropriations made to the Board of Teaching.
    Subd. 8. Fraud; gross misdemeanor. A person who claims 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 is guilty of a gross misdemeanor.
    Subd. 9. Board may adopt rules. The Board of Teaching may adopt rules subject to the
provisions of chapter 14 to implement sections 122A.05 to 122A.09, 122A.16, 122A.17, 122A.18,
122A.20, 122A.21, and 122A.23.
    Subd. 10. Variances. (a) 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.
(b) To enable a school district to meet the needs of students enrolled in an alternative
education program and to enable licensed teachers instructing those students to satisfy content
area licensure requirements, the Board of Teaching annually may permit a licensed teacher
teaching in an alternative education program to instruct students in a content area for which the
teacher is not licensed, consistent with paragraph (a).
(c) A special education license variance issued by the Board of Teaching for a primary
employer's low-incidence region shall be valid in all low-incidence regions.
History: 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; 1998 c 397 art 8 s 61-65,101; art 11 s 3; 1999 c 241 art 9 s 7; 1999 c 245 art 4 s 2; 1Sp2001
c 13 s 3; 1Sp2003 c 9 art 2 s 7; art 10 s 1; 2004 c 294 art 2 s 9; 2005 c 154 s 1