2006 Minnesota Statutes

CHAPTER 122A. TEACHERS AND OTHER EDUCATORS

122A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

122A.01 DEFINITIONS.
For purposes of this chapter, except for section 122A.41, the Teacher Tenure Act for cities of
the first class, the words defined in section 120A.05 have the same meaning.
History: Ex1959 c 71 art 6 s 1; 1998 c 397 art 8 s 101; art 11 s 3

BOARD OF TEACHING

122A.05 PROFESSIONAL PRACTICES; INTENT.
The purpose of sections 122A.05 to 122A.09 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 standards by the members of the profession may be promoted and enforced.
History: Ex1967 c 25 s 1; 1973 c 749 s 7; 1998 c 397 art 8 s 56,101; art 11 s 3

122A.06 DEFINITIONS.
    Subdivision 1. Scope. For the purpose of sections 122A.05 to 122A.09, the terms defined in
this section have the meanings given them, unless another meaning is clearly indicated.
    Subd. 2. Teacher. "Teacher" means a classroom teacher or other similar professional
employee required to hold a license from the Board of Teaching.
    Subd. 3. Board. "Board" means the Board of Teaching.
    Subd. 4. Comprehensive, scientifically based reading instruction. "Comprehensive,
scientifically based reading instruction" includes a program or collection of instructional practices
that is based on reliable, valid evidence showing that when these programs or practices are used,
students can be expected to achieve, at a minimum, satisfactory reading progress. The program or
collection of practices must include, at a minimum, instruction in five areas of reading: phonemic
awareness, phonics, fluency, vocabulary, and text comprehension.
Comprehensive, scientifically based reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating, and communicating the student's
reading progress and needs in order to design and implement ongoing interventions so that
students of all ages and proficiency levels can read and comprehend text and apply higher level
thinking skills.
History: 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; 1998 c 397 art 8 s 101; art 11 s
3; 1Sp2001 c 13 s 2; 1Sp2005 c 5 art 2 s 33

122A.07 BOARD OF TEACHING MEMBERSHIP.
    Subdivision 1. Appointment of members. The Board of Teaching consists of 11 members
appointed by the governor, with the advice and consent of the senate. Membership terms,
compensation of members, removal of members, the filling of membership vacancies, and fiscal
year and reporting requirements are as provided in sections 214.07 to 214.09. No member may be
reappointed for more than one additional term.
    Subd. 2. Eligibility; board composition. Except for the representatives of higher education
and the public, to be eligible for appointment to the Board of Teaching a person must be a teacher
currently teaching in a Minnesota school and fully licensed for the position held and have at least
five years teaching experience in Minnesota, including the two years immediately preceding
nomination and appointment. Each nominee, other than a public nominee, must be selected on
the basis of professional experience and knowledge of teacher education, accreditation, and
licensure. The board must be composed of:
(1) six teachers who are currently teaching in a Minnesota school, at least four of whom
must be teaching in a public school;
(2) one higher education representative, who must be a faculty member preparing teachers;
(3) one school administrator; and
(4) three members of the public, two of whom must be present or former members of
school boards.
    Subd. 3. Vacant position. The position of a member who leaves Minnesota or whose
employment status changes to a category different from that from which appointed is deemed
vacant.
    Subd. 4. Administration, terms, compensation; removal; vacancies. The provision of
staff, administrative services and office space; the review and processing of complaints; the setting
of fees; the selection and duties of an executive secretary to serve the board; and other provisions
relating to board operations are as provided in chapter 214. Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year and reporting
requirements are as provided in sections 214.07 to 214.09.
    Subd. 5. District reimbursement for costs of substitute teachers. The board may reimburse
local school districts for the costs of substitute teachers employed when regular teachers are
providing professional assistance to the state by serving on the board or on a committee or task
force appointed by the board and charged to make recommendations concerning standards for
teacher licensure in this state.
History: 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; 1998 c 397 art 8 s 57-59,101; art 11 s 3; 1998 c 398 art 5 s 11,12

122A.08 MEETINGS.
    Subdivision 1. Meetings. The Board of Teaching must meet regularly at the times and
places as the board determines. Meetings must be called by the chair or at the written request of
any eight members.
    Subd. 2. Executive secretary. The Board of Teaching must have an executive secretary who
is in the unclassified civil service and who is not a member of the board.
History: 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; 1998 c 397 art 8 s 60,101

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

BOARD OF SCHOOL ADMINISTRATORS

122A.11 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 122A.11 to 122A.13, the terms in this
section have the meanings given them, unless another meaning is clearly indicated.
    Subd. 2. Board. "Board" means Board of School Administrators.
    Subd. 3. Supervisory personnel. "Supervisory personnel" means supervisory personnel as
defined in section 122A.15, subdivision 2, excluding athletic coaches.
History: 1Sp2001 c 6 art 7 s 5

122A.12 BOARD OF SCHOOL ADMINISTRATORS.
    Subdivision 1. Membership. A Board of School Administrators is established and must
consist of ten members appointed by the governor with the advice and consent of the senate,
including at least:
(1) one elementary school principal;
(2) one secondary school principal;
(3) one higher education faculty member in an educational administration program approved
by the board;
(4) one higher education administrator for an educational administration program approved
by the board;
(5) one school superintendent;
(6) one classroom teacher;
(7) one community education director;
(8) one special education director; and
(9) two members of the public, one of whom must be a present or former school board
member.
In making appointments, the governor shall solicit recommendations from groups
representing persons in clauses (1) to (9).
    Subd. 2. Terms; compensation; removal; administration; reimbursement. (a)
Membership terms, removal of members, and the filling of membership vacancies are as provided
in section 214.09. The terms of the initial board members must be determined by lot as follows:
(1) three members must be appointed for terms that expire August 1, 2002;
(2) three members must be appointed for terms that expire August 1, 2003; and
(3) four members must be appointed for terms that expire August 1, 2004.
Members shall not receive the daily payment under section 214.09, subdivision 3. The public
employer of a member shall not reduce the member's compensation or benefits for the member's
absence from employment when engaging in the business of the board. The provision of staff,
administrative services, and office space; the review and processing of complaints; the setting of
fees; the selection and duties of an executive secretary to serve the board; and other provisions
relating to board operations are as provided in chapter 214. Fiscal year and reporting requirements
are as provided in sections 214.07 and 214.08.
(b) The board may reimburse local school districts for the cost of a substitute teacher
employed when a regular teacher is providing professional assistance to the state by serving on
the board or on a committee or task force appointed by the board.
    Subd. 3. Vacant position. 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.
History: 1Sp2001 c 6 art 7 s 6; 1Sp2003 c 9 art 10 s 2,3; 1Sp2005 c 5 art 2 s 34

122A.13 MEETINGS.
    Subdivision 1. Meetings. The Board of School Administrators shall meet regularly at the
times and places determined by the board. The board shall nominate and elect a chair and other
officers from its membership. Meetings shall be called by the chair or at the written request of
any three members.
    Subd. 2. Executive secretary. The Board of School Administrators may hire an executive
secretary and other staff or may arrange to share an executive secretary and staff with the Board
of Teaching. If the board hires an executive secretary, the person is in the unclassified service.
History: 1Sp2001 c 6 art 7 s 7

122A.14 DUTIES OF BOARD OF SCHOOL ADMINISTRATORS.
    Subdivision 1. Licensing. The board shall license school administrators. The board shall
adopt rules to license school administrators under chapter 14. Other than the rules transferred to
the board under section 122A.18, subdivision 4, the board may not adopt or amend rules under
this section until the rules are approved by law. The rules shall include the licensing of persons
who have successfully completed alternative preparation programs under section 122A.27 or
other alternative competency-based preparation programs. The board may enter into agreements
with the Board of Teaching regarding multiple license matters.
    Subd. 2. Preparation programs. The board shall review and approve preparation programs
for school administrators and alternative preparation programs for administrators under section
122A.27, and must consider other alternative competency-based preparation programs leading to
licensure.
    Subd. 3. Rules for continuing education requirements. The board shall adopt rules
establishing continuing education requirements that promote continuous improvement and
acquisition of new and relevant skills by school administrators.
    Subd. 4. Code of ethics. The board shall adopt by rule a code of ethics covering standards
of professional practice, including ethical conduct, professional performance, and methods of
enforcement, and advise school administrators in interpreting the code of ethics.
    Subd. 5. Commissioner's representative to comment on proposed rule. Before adopting
any rule that must be submitted to public hearing, a representative of the commissioner of
education shall appear before the board and at any hearing required under section 14.14,
subdivision 1 , to comment on the cost and educational implications of the proposed rule.
    Subd. 6. Register of persons licensed. The executive director of the board shall keep a
record of board proceedings and a register of all persons licensed under 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 licensed school
administrators 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 transacting board business and all money received by the
board shall be paid into the state treasury as provided by law. The expenses of administering
the Board of School Administrators shall be paid for from appropriations made to the Board
of School Administrators.
    Subd. 8. Accountability. The board must develop accountability measures for programs
preparing students for licensure and report the progress of the programs to the legislature by
January 15 of every other year beginning with the 2003 legislature.
    Subd. 9. Annual fee. Each person licensed by the Board of School Administrators shall pay
the board an annual fee of $75. The board may provide a lower fee for persons on retired or
inactive status. The executive secretary shall deposit the fees in the state treasury.
History: 1Sp2001 c 6 art 7 s 8; 2003 c 130 s 12

LICENSURE

122A.15 TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, DEFINITIONS,
LICENSURE.
    Subdivision 1. Teachers. The term "teachers" for the purpose of licensure, means all persons
employed in a public school or education district or by a service cooperative 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. Supervisory personnel. "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.
History: 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; 1998 c 397 art 8 s 6,7,101

122A.16 HIGHLY QUALIFIED TEACHER DEFINED.
(a) A qualified teacher is one holding a valid license, under this chapter, to perform the
particular service for which the teacher is employed in a public school.
(b) For the purposes of the federal No Child Left Behind Act, a highly qualified teacher is
one who holds a valid license under this chapter to perform the particular service for which the
teacher is employed in a public school or who meets the requirements of a highly objective
uniform state standard of evaluation (HOUSSE).
All Minnesota teachers teaching in a core academic subject area, as defined by the federal No
Child Left Behind Act, in which they are not fully licensed may complete the following HOUSSE
process in the core subject area for which the teacher is requesting highly qualified status by
completing an application, in the form and manner described by the commissioner, that includes:
(1) documentation of student achievement as evidenced by norm-referenced test results that
are objective and psychometrically valid and reliable;
(2) evidence of local, state, or national activities, recognition, or awards for professional
contribution to achievement;
(3) description of teaching experience in the teachers' core subject area in a public school
under a waiver, variance, limited license or other exception; nonpublic school; and postsecondary
institution;
(4) test results from the Praxis II content test;
(5) evidence of advanced certification from the National Board for Professional Teaching
Standards;
(6) evidence of the successful completion of course work or pedagogy courses; and
(7) evidence of the successful completion of high quality professional development activities.
Districts must assign a school administrator to serve as a HOUSSE reviewer to meet with
teachers under this paragraph and, where appropriate, certify the teachers' applications. Teachers
satisfy the definition of highly qualified when the teachers receive at least 100 of the total number
of points used to measure the teachers' content expertise under clauses (1) to (7). Teachers may
acquire up to 50 points only in any one clause (1) to (7). Teachers may use the HOUSSE process
to satisfy the definition of highly qualified for more than one subject area.
(c) Achievement of the HOUSSE criteria is not equivalent to a license. A teacher must obtain
permission from the Board of Teaching in order to teach in a public school.
History: Ex1959 c 71 art 6 s 4; 1973 c 749 s 1; 1976 c 222 s 11,208; 1986 c 444; 1998 c 397
art 8 s 8,101; 2004 c 294 art 2 s 10

122A.162 LICENSURE RULES.
The commissioner may make rules relating to licensure of school personnel not licensed
by the Board of Teaching or Board of School Administrators.
History: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 305 s 41; 1978 c 764 s 8;
1983 c 150 s 1; 1992 c 499 art 8 s 1; 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13; 1998 c
397 art 5 s 104; 1998 c 398 art 6 s 4-12; 1Sp2001 c 6 art 7 s 1

122A.163 TEACHER RULE VARIANCES; COMMISSIONER.
Notwithstanding any law to the contrary, and only upon receiving the agreement of the
State Board of Teaching or Board of School Administrators, whichever has jurisdiction over the
licensure, the commissioner of education may grant a variance to rules governing licensure of
persons licensed by the Board of Teaching or Board of School Administrators, whichever has
jurisdiction.
History: Ex1959 c 71 art 2 s 16; 1969 c 1129 art 8 s 16; 1977 c 305 s 41; 1978 c 764 s 8;
1983 c 150 s 1; 1992 c 499 art 8 s 1; 1993 c 224 art 9 s 16,17; 1Sp1995 c 3 art 16 s 13; 1998 c
397 art 5 s 104; 1998 c 398 art 6 s 4-12; 1Sp2001 c 6 art 7 s 2; 2003 c 130 s 12

122A.164 [Repealed, 1998 c 398 art 6 s 38]

122A.17 VALIDITY OF CERTIFICATES OR LICENSES.
A rule adopted by the Board of Teaching must not 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.
History: 1973 c 749 s 12; 1975 c 271 s 6; 1976 c 222 s 26,27; 1998 c 397 art 8 s 66,101

122A.18 BOARD TO ISSUE LICENSES.
    Subdivision 1. Authority to license. (a) The Board of Teaching must license teachers, as
defined in section 122A.15, subdivision 1, except for supervisory personnel, as defined in section
122A.15, subdivision 2.
(b) The Board of School Administrators must license supervisory personnel as defined in
section 122A.15, subdivision 2, except for athletic coaches.
(c) Licenses under the jurisdiction of the Board of Teaching, the Board of School
Administrators, and the commissioner of education must be issued through the licensing section
of the department.
    Subd. 2. Teacher and support personnel qualifications. (a) The Board of Teaching must
issue licenses under its jurisdiction to persons the board finds to be qualified and competent for
their respective positions.
(b) The board must 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 must 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. The Board of
Teaching shall report annually to the education committees of the legislature on the total number
of teacher candidates during the most recent school year taking the skills examination, the number
who achieve a qualifying score on the examination, the number who do not achieve a qualifying
score on the examination, the distribution of all candidates' scores, the number of candidates who
have taken the examination at least once before, and the number of candidates who have taken the
examination at least once before and achieve a qualifying score.
(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 postsecondary 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 must 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 must 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.
The board of teaching shall report annually to the education committees of the legislature on the
performance of teacher candidates on common core assessments of knowledge and skills under
this paragraph during the most recent school year.
    Subd. 2a. Reading strategies. (a) All colleges and universities approved by the Board
of Teaching to prepare persons for classroom teacher licensure must include in their teacher
preparation programs research-based best practices in reading, consistent with section 122A.06,
subdivision 4 , that enable the licensure candidate to know how to teach reading in the candidate's
content areas.
(b) Board-approved teacher preparation programs for teachers of elementary education
must require instruction in the application of comprehensive, scientifically based, and balanced
reading instruction programs that:
(1) teach students to read using foundational knowledge, practices, and strategies consistent
with section 122A.06, subdivision 4, so that all students will achieve continuous progress in
reading; and
(2) teach specialized instruction in reading strategies, interventions, and remediations that
enable students of all ages and proficiency levels to become proficient readers.
    Subd. 2b. Reading specialist. Not later than July 1, 2002, the Board of Teaching must adopt
rules providing for the licensure of teachers of reading.
    Subd. 3. Supervisory and coach qualifications; code of ethics. The commissioner of
education must issue licenses under its jurisdiction to persons the commissioner finds to be
qualified and competent for their respective positions under the rules it adopts. The commissioner
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. 4. Expiration and renewal. (a) Each license the Department of Education 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, the Board of School Administrators,
or the commissioner of education adopts. Requirements for renewing a license must include
showing satisfactory evidence of successful teaching or administrative 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 Board
of School Administrators shall establish requirements for renewing the licenses of supervisory
personnel except athletic coaches. The State Board of Teaching shall establish requirements
for renewing the licenses of athletic coaches.
(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. 5. 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. 6. Human relations. The Board of Teaching and the commissioner 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. 7. 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 is 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. 7a. Permission to substitute teach. (a) The Board of Teaching may allow a person
who is enrolled in and making satisfactory progress in a board-approved teacher program and
who has successfully completed student teaching to be employed as a short-call substitute teacher.
(b) The Board of Teaching may issue a lifetime qualified short-call substitute teaching
license to a person who:
(1) was a qualified teacher under section 122A.16 while holding a continuing five-year
teaching license issued by the board, and receives a retirement annuity from the Teachers
Retirement Association, Minneapolis Teachers Retirement Fund Association, St. Paul Teachers
Retirement Fund Association, or Duluth Teachers Retirement Fund Association;
(2) holds an out-of-state teaching license and receives a retirement annuity as a result of
the person's teaching experience; or
(3) held a continuing five-year license issued by the board, taught at least three school years
in an accredited nonpublic school in Minnesota, and receives a retirement annuity as a result
of the person's teaching experience.
A person holding a lifetime qualified short-call substitute teaching license is not required to
complete continuing education clock hours. A person holding this license may reapply to the
board for a continuing five-year license and must again complete continuing education clock
hours one school year after receiving the continuing five-year license.
    Subd. 7b. Temporary limited licenses; personnel variances. (a) The Board of Teaching
must accept applications for a temporary limited teaching license beginning July 1 of the school
year for which the license is requested and must issue or deny the temporary limited teaching
license within 30 days of receiving the complete application.
(b) The Board of Teaching must accept applications for a personnel variance beginning July
1 of the school year for which the variance is requested and must issue or deny the personnel
variance within 30 days of receiving the complete application.
    Subd. 8. Background checks. (a) The Board of Teaching and the commissioner of education
must 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 commissioner of education may issue a license pending
completion of a background check under this subdivision, but must 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, upon request by the affected person, shall
issue teacher licenses under the licensure rules in place on July 31, 1996, to a person who enrolled
in an accredited teacher preparation program by January 1, 2000, who satisfactorily completes the
requirements for licensure under those rules, who meets the requirements of subdivision 8, and
who applies for licensure by September 1, 2003.
History: 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; 1998 c 397 art 8 s 9-13,101; art 11 s 3; 1998 c
398 art 5 s 55; 1999 c 241 art 5 s 2; art 9 s 8; 2001 c 1 s 1; 2001 c 68 s 1; 1Sp2001 c 6 art 2 s 7;
art 7 s 3,4; 1Sp2001 c 13 s 4,5; 2003 c 130 s 12; 1Sp2003 c 9 art 10 s 4; 1Sp2005 c 5 art 2 s 35

122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS;
LICENSES.
    Subdivision 1. Bilingual and English as a second language licenses. The Board of
Teaching, hereinafter the board, must grant teaching licenses in bilingual education and English
as a second language to persons who present satisfactory evidence that they:
(a) Possess competence and communicative skills in English and in another language;
(b) Possess a bachelor's degree or other academic degree approved by the board, and meet
such requirements as to course of study and training as the board may prescribe.
    Subd. 2. Persons holding general teaching licenses. A person holding a general teaching
license who presents the board with satisfactory evidence of competence and communicative
skills in a language other than English may be licensed under this section.
    Subd. 3. Employment of teachers. Teachers employed in a bilingual education or English as
a second language program established pursuant to sections 124D.58 to 124D.64 shall not be
employed to replace any presently employed teacher who otherwise would not be replaced.
    Subd. 4. Teacher preparation programs. For the purpose of licensing bilingual and English
as a second language teachers, the board may approve programs at colleges or universities
designed for their training.
    Subd. 5. Persons eligible for employment. Any person licensed under this section shall
be eligible for employment by a school board as a teacher in a bilingual education or English as
a second language program in which the language for which the person is licensed is taught or
used as a medium of instruction. A board may prescribe only those additional qualifications for
teachers licensed under this section as are approved by the board of teaching.
    Subd. 6. Affirmative efforts in hiring. In hiring for all positions in bilingual education
programs, districts must give preference to and make affirmative efforts to seek, recruit, and
employ persons who are (a) native speakers of the language which is the medium of instruction
in the bilingual education program, and (b) who share the culture of the limited English
speaking children who are enrolled in the program. The district shall provide procedures for the
involvement of the parent advisory committees in designing the procedures for the recruitment,
screening and selection of applicants. This section must not be construed to limit the school
board's authority to hire and discharge personnel.
History: 1977 c 306 s 6; 1980 c 609 art 3 s 4-7; 1986 c 444; 1998 c 397 art 8 s 92-94,101;
art 11 s 3; 1999 c 241 art 9 s 9

122A.20 SUSPENSION OR REVOCATION OF LICENSES.
    Subdivision 1. Grounds for revocation, suspension, or denial. (a) The Board of Teaching
or Board of School Administrators, 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, 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;
(4) failure to meet licensure requirements; or
(5) fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character of the charges.
(b) The Board of Teaching or Board of School Administrators, whichever has jurisdiction
over a teacher's licensure, shall refuse to issue, refuse to renew, or automatically revoke a teacher's
license to teach without the right to a hearing upon receiving a certified copy of a conviction
showing that the teacher has been convicted of child abuse, as defined in section 609.185, or
sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or
617.23, subdivision 3, or under a similar law of another state or the United States. The board shall
send notice of this licensing action to the district in which the teacher is currently employed.
(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's conviction
for child abuse or sexual abuse is reversed by a final decision of the Court of Appeals or the
Supreme Court or if the person has received a pardon for the offense. The petitioner shall attach a
certified copy of the appellate court's final decision or the pardon to the petition. Upon receiving
the petition and its attachment, the board shall schedule and hold a disciplinary hearing on the
matter under section 214.10, subdivision 2, unless the petitioner waives the right to a hearing. If
the board finds that, notwithstanding the reversal of the petitioner's criminal conviction or the
issuance of a pardon, the petitioner is disqualified from teaching under paragraph (a), clause
(1), the board shall affirm its previous licensing action. If the board finds that the petitioner
is not disqualified from teaching under paragraph (a), clause (1), it shall reverse its previous
licensing action.
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority to
suspend or revoke coaching licenses.
    Subd. 2. Mandatory reporting. A school board must report to the Board of Teaching,
the Board of School Administrators, or the Board of Trustees of the Minnesota State Colleges
and Universities, whichever has jurisdiction over the teacher's or administrator's license, when
its teacher or administrator is discharged or resigns from employment after a charge is filed
with the school board under section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or
after charges are filed that are grounds for discharge under section 122A.40, subdivision 13,
paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns while
an investigation is pending under section 122A.40, subdivision 13, paragraph (a) clauses (1) to
(5); 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a teacher
or administrator is suspended without an investigation under section 122A.41, subdivisions
6, paragraph (a) , clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the
appropriate licensing board within ten days after the discharge, suspension, or resignation has
occurred. The licensing board to which the report is made must investigate the report for violation
of subdivision 1 and the reporting board must 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 license, a board or school superintendent shall provide the
licensing board with information about the teacher or administrator from the 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 board or school superintendent
may, at the discretion of the 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 district. Any data transmitted to any board
under this section is 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 licensing board to which a report is made must 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 or administrator's license within 45 days of receiving
a stipulation executed by the teacher or administrator under investigation or a recommendation
from an administrative law judge that disciplinary action be taken.
    Subd. 3. Immunity from liability. A school board, its members in their official capacity, and
employees of the district run by the board are immune from civil or criminal liability for reporting
or cooperating as required under subdivision 2, if their actions required under subdivision 2 are
done in good faith and with due care.
History: 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;
1998 c 397 art 8 s 15,101; art 11 s 3; 1998 c 398 art 5 s 55; 1999 c 201 s 1; 1999 c 241 art 9 s
10,11; 1Sp2001 c 6 art 7 s 9; 2002 c 379 art 1 s 42; 2004 c 294 art 2 s 11

122A.21 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 of $57. Each application for issuing, renewing, or extending
the license of a school administrator or supervisor must be accompanied by a processing fee in
the amount set by the Board of Teaching. The processing fee for a teacher's license and for the
licenses of supervisory personnel must be paid to the executive secretary of the appropriate board.
The executive secretary of the board shall deposit the fees with the commissioner of finance. The
fees as set by the board are nonrefundable for applicants not qualifying for a license. However, a
fee must be refunded by the commissioner of finance in any case in which the applicant already
holds a valid unexpired license. The board may waive or reduce fees for applicants who apply
at the same time for more than one license.
History: 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; 1998 c 397 art 8 s 101; 1999 c 241 art 9 s 12; 1Sp2001
c 6 art 7 s 10; 2003 c 112 art 2 s 18; 1Sp2003 c 9 art 10 s 5

122A.22 DISTRICT VERIFICATION OF TEACHER LICENSES.
No person shall be accounted a qualified teacher until the school district or charter school
contracting with the person for teaching services verifies through the Minnesota education
licensing system available on the department Web site that the person is a qualified teacher,
consistent with sections 122A.16 and 122A.44, subdivision 1.
History: Ex1959 c 71 art 6 s 11; 1975 c 162 s 32; 1976 c 222 s 16,208; 1998 c 397 art
8 s 16,101; 1Sp2003 c 9 art 10 s 6

122A.23 APPLICANTS TRAINED IN OTHER STATES.
    Subdivision 1. Preparation equivalency. 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 commissioner 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. The diploma or degree must be 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.
    Subd. 2. Applicants licensed in other states. (a) Subject to the requirements of sections
122A.18, subdivision 8, and 123B.03, the Board of Teaching must issue a teaching license or
a temporary teaching license under paragraphs (b) to (e) to an applicant who holds at least a
baccalaureate degree from a regionally accredited college or university and holds or held a
similar out-of-state teaching license that requires the applicant to successfully complete a teacher
preparation program approved by the issuing state, which includes field-specific teaching methods
and student teaching or essentially equivalent experience.
(b) The Board of Teaching must issue a teaching license to an applicant who:
(1) successfully completed all exams and human relations preparation components required
by the Board of Teaching; and
(2) holds or held an out-of-state teaching license to teach the same content field and grade
levels if the scope of the out-of-state license is no more than one grade level less than a similar
Minnesota license.
(c) The Board of Teaching, consistent with board rules, must issue up to three one-year
temporary teaching licenses to an applicant who holds or held an out-of-state teaching license to
teach the same content field and grade levels, where the scope of the out-of-state license is no more
than one grade level less than a similar Minnesota license, but has not successfully completed all
exams and human relations preparation components required by the Board of Teaching.
(d) The Board of Teaching, consistent with board rules, must issue up to three one-year
temporary teaching licenses to an applicant who:
(1) successfully completed all exams and human relations preparation components required
by the Board of Teaching; and
(2) holds or held an out-of-state teaching license to teach the same content field and grade
levels, where the scope of the out-of-state license is no more than one grade level less than a
similar Minnesota license, but has not completed field-specific teaching methods or student
teaching or equivalent experience.
The applicant may complete field-specific teaching methods and student teaching or equivalent
experience by successfully participating in a one-year school district mentorship program
consistent with board-adopted standards of effective practice and Minnesota graduation
requirements.
(e) The Board of Teaching must issue a temporary teaching license for a term of up to
three years only in the content field or grade levels specified in the out-of-state license to an
applicant who:
(1) successfully completed all exams and human relations preparation components required
by the Board of Teaching; and
(2) holds or held an out-of-state teaching license where the out-of-state license is more
limited in the content field or grade levels than a similar Minnesota license.
(f) The Board of Teaching must not issue to an applicant more than three one-year temporary
teaching licenses under this subdivision.
(g) The Board of Teaching must not issue a license under this subdivision if the applicant has
not attained the additional degrees, credentials, or licenses required in a particular licensure field.
History: 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; 1998 c 397 art 8 s 14,101; 1998 c 398 art 5
s 55; 2000 c 489 art 6 s 5; 2003 c 130 s 12

122A.24 ALTERNATIVE PREPARATION LICENSING FOR TEACHERS.
    Subdivision 1. Requirements. (a) A preparation program that is an alternative to the
postsecondary 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
122A.18;
(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 must 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 postsecondary 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 postsecondary faculty.
    Subd. 3. Program approval. (a) The Board of Teaching must approve alternative preparation
programs based on criteria adopted by the board.
(b) The board shall permit demonstration of licensure competencies in school-based and
other nontraditional pathways to teacher licensure.
    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 must 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 122A.16.
History: 1990 c 562 art 7 s 7; 1993 c 337 s 7; 1994 c 647 art 8 s 18; 1998 c 397 art 8 s
67-69,101; art 11 s 3; 1Sp2001 c 6 art 2 s 8

122A.25 NONLICENSED COMMUNITY EXPERTS; VARIANCE.
    Subdivision 1. Authorization. Notwithstanding any law or commissioner of education
rule to the contrary, the Board of Teaching may allow school districts or charter schools to hire
nonlicensed community experts to teach in the public schools or charter schools on a limited basis
according to this section.
    Subd. 2. Applications; criteria. The school district or charter school shall apply to the
Board of Teaching for approval to hire nonlicensed teaching personnel from the community. In
approving or disapproving the application for each community expert, the board shall consider:
(1) the qualifications of the community person whom the district or charter school proposes
to employ;
(2) the reasons for the need for a variance from the teacher licensure requirements;
(3) the district's efforts to obtain licensed teachers, who are acceptable to the school board,
for the particular course or subject area or the charter school's efforts to obtain licensed teachers
for the particular course or subject area;
(4) the amount of teaching time for which the community expert would be hired;
(5) the extent to which the district or charter school is utilizing other nonlicensed community
experts under this section;
(6) the nature of the community expert's proposed teaching responsibility; and
(7) the proposed level of compensation to the community expert.
    Subd. 3. Approval of plan. The Board of Teaching shall approve or disapprove an
application within 60 days of receiving it from a school district or charter school.
    Subd. 4. Background check. A school district or charter school shall provide the Board
of Teaching with confirmation that criminal background checks have been completed for all
nonlicensed community experts employed by the district or charter school and approved by the
Board of Teaching under this section.
History: 1Sp1985 c 12 art 8 s 3; 1Sp1997 c 4 art 5 s 10; 1998 c 397 art 8 s 101; 1998 c 398
art 5 s 55; 1Sp2001 c 6 art 2 s 9; 2003 c 130 s 12

122A.26 COMMUNITY EDUCATION TEACHERS; LICENSURE REQUIREMENTS.
    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 124D.18 and 124D.19 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 124D.52 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 124D.20 or early childhood and family education aid pursuant to section
124D.135 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 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
    Subd. 3. English as a second language. Notwithstanding subdivision 2, a person who
possesses a bachelor's or master's degree in English as a second language, applied linguistics,
or bilingual education, or who possesses a related degree as approved by the commissioner,
shall be permitted to teach English as a second language in an adult basic education program
that receives funding under section 124D.531.
History: 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; 1998 c 397 art 8 s 101; art 11 s 3; 1999 c 205 art 4 s 2; 1Sp2001 c 6 art 8 s 1

122A.27 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 commissioner 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
commissioner 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 postsecondary 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 postsecondary faculty.
    Subd. 3. Affiliation with a postsecondary institution. An alternative preparation
program at a school district, group of schools, or an education district must be affiliated with a
postsecondary 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 commissioner 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 commissioner of education must 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 122A.16.
History: 1991 c 265 art 7 s 19; 1993 c 224 art 9 s 33; 1993 c 337 s 8; 1998 c 397 art 8
s 70,101; art 11 s 3; 1998 c 398 art 5 s 55; 2003 c 130 s 12

122A.28 TEACHERS OF DEAF AND HARD-OF-HEARING STUDENTS; LICENSURE
REQUIREMENTS.
    Subdivision 1. K-12 license to teach deaf and hard-of-hearing students. The Board of
Teaching must 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.
    Subd. 2. Licensure for teaching oral/aural deaf education programs. (a) The Board
of Teaching shall adopt a separate licensure rule for a candidate for a license or an applicant
for a continuing license to teach in oral/aural deaf education programs or to provide services,
including itinerant oral/aural deaf education services, to deaf and hard-of-hearing students in
prekindergarten through grade 12.
(b) The board shall design rule requirements for teaching oral/aural deaf education in
collaboration with representatives of parents and educators of deaf and hard-of-hearing students,
postsecondary programs preparing teachers of deaf and hard-of-hearing students, and the
Department of Education.
(c) Rule requirements for teaching oral/aural deaf education shall reflect best practice
research in oral/aural deaf education. Advanced competencies in teaching deaf and
hard-of-hearing students through oral/aural modes shall be included.
(d) Licensure requirements for teachers of oral/aural deaf education must include minimum
competency in American sign language, but are not subject to the guidelines established in Laws
1993, chapter 224, article 3, section 32, as amended by Laws 1998, chapter 398, article 2, section
47. The signed communication proficiency interview shall not be required for teachers licensed to
teach deaf and hard-of-hearing students through oral/aural deaf education methods.
(e) Requirements for teachers or oral/aural deaf education shall include appropriate
continuing education requirements for renewing this licensure.
History: 1991 c 265 art 7 s 20; 1993 c 224 art 3 s 30; 1998 c 397 art 8 s 71,101; 1999 c 241
art 2 s 3; 2003 c 130 s 12

122A.29 TEACHERS OF BLIND AND VISUALLY IMPAIRED STUDENTS; LICENSURE
REQUIREMENTS.
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.
History: 1996 c 412 art 9 s 9; 1998 c 397 art 8 s 101

122A.30 EXEMPTION FOR TECHNICAL COLLEGE INSTRUCTORS.
Notwithstanding section 122A.15, 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.
History: 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; 1998 c 397 art 8 s 101; art 11 s 3

122A.31 AMERICAN SIGN LANGUAGE/ENGLISH INTERPRETERS.
    Subdivision 1. Requirements for American sign language/English interpreters. (a) 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 (NAD), or a comparable state certification from the
commissioner of education; and
(2) satisfactorily complete an interpreter/transliterator training program affiliated with an
accredited educational institution.
(b) New graduates of an interpreter/transliterator program affiliated with an accredited
education institution shall be granted a two-year provisional certificate by the commissioner.
During the two-year provisional period, the interpreter/transliterator must develop and implement
an education plan in collaboration with a mentor under paragraph (c).
(c) A mentor of a provisionally certified interpreter/transliterator must be an
interpreter/transliterator who has either NAD level IV or V certification or RID certified interpreter
and certified transliterator certification and have at least three years interpreting/transliterating
experience in any educational setting. The mentor, in collaboration with the provisionally certified
interpreter/transliterator, shall develop and implement an education plan designed to meet the
requirements of paragraph (a), clause (1), and include a weekly on-site mentoring process.
(d) Consistent with the requirements of this paragraph, a person holding a provisional
certificate may apply to the commissioner for one time-limited extension. The commissioner,
in consultation with the Commission Serving Deaf and Hard-of-Hearing People, must grant
the person a time-limited extension of the provisional certificate based on the following
documentation:
(1) letters of support from the person's mentor, a parent of a pupil the person serves, the
special education director of the district in which the person is employed, and a representative
from the regional service center of the deaf and hard-of-hearing;
(2) records of the person's formal education, training, experience, and progress on the
person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension, the person must comply with a plan and the
accompanying time line for meeting the requirements of this subdivision. A committee composed
of the director of the Minnesota Resource Center Serving Deaf and Hard-of-Hearing, or
the director's designee, a representative of the Minnesota Association of Deaf Citizens, a
representative of the Minnesota Registry of Interpreters of the Deaf, and other appropriate persons
selected by the commissioner must develop the plan and time line for the person receiving the
extension.
(e) A school district may employ only an interpreter/transliterator who has been certified
under paragraph (a) or (b), or for whom a time-limited extension has been granted under
paragraph (d).
    Subd. 2. Oral or cued speech transliterators. (a) 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 commissioner of education.
(b) To provide oral or cued speech transliterator services on a full-time or part-time basis, a
person employed in a school district must comply with paragraph (a). The commissioner shall
grant a nonrenewable, two-year certificate to a school district on behalf of a person who has not
yet attained a current applicable transliterator certificate under paragraph (a). A person for whom
a nonrenewable, two-year certificate is issued must work under the direction of a licensed teacher
who is skilled in language development of individuals who are deaf or hard-of-hearing. A person
for whom a nonrenewable, two-year certificate is issued also must enroll in a state-approved
training program and demonstrate progress towards the certification required under paragraph (a)
sufficient for the person to be certified at the end of the two-year period.
(c) Consistent with the requirements of this paragraph, a person holding a provisional
certificate may apply to the commissioner for one time-limited extension. The commissioner,
in consultation with the Commission Serving Deaf and Hard-of-Hearing People, must grant
the person a time-limited extension of the provisional certificate based on the following
documentation:
(1) letters of support from the person's mentor, a parent of a pupil the person serves, the
special education director of the district in which the person is employed, and a representative
from the regional service center of the deaf and hard-of-hearing;
(2) records of the person's formal education, training, experience, and progress on the
person's education plan; and
(3) an explanation of why the extension is needed.
As a condition of receiving the extension, the person must comply with a plan and the
accompanying time line for meeting the requirements of this subdivision. A committee composed
of the director of the Minnesota Resource Center Serving Deaf and Hard-of-Hearing, or
the director's designee, a representative of the Minnesota Association of Deaf Citizens, a
representative of the Minnesota Registry of Interpreters of the Deaf, and other appropriate persons
selected by the commissioner must develop the plan and time line for the person receiving the
extension.
    Subd. 3. Qualified interpreters. The Department of Education 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. (a) For purposes of revenue under section 125A.78, the
Department of Education must only reimburse school districts for the services of those
interpreters/transliterators who satisfy the standards of competency under this section.
(b) Notwithstanding paragraph (a), a district shall be reimbursed for the services of
interpreters with a nonrenewable provisional certificate, interpreters/transliterators employed to
mentor the provisional certified interpreters, and persons for whom a time-limited extension has
been granted under subdivision 1, paragraph (d), or subdivision 2, paragraph (c).
History: 1994 c 647 art 3 s 17; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 8 s 72,101; art 11 s
3; 1998 c 398 art 5 s 55; 2000 c 489 art 3 s 1,2; 1Sp2001 c 6 art 3 s 2; 2003 c 130 s 12

122A.32 REQUIREMENTS FOR ASSESSMENT PROFESSIONALS.
When a board of a 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.
History: 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; 1998 c 397 art 8 s 6,7,101

122A.33 LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.
    Subdivision 1. Employment. Notwithstanding section 122A.15, 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) 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
(3) can verify completion of a coaching methods or theory course.
    Subd. 2. Annual contract. Notwithstanding section 122A.58, a person employed as a head
varsity coach has an annual contract as a coach that the school board may or may not renew
as the board sees fit.
    Subd. 3. Notice of nonrenewal; opportunity to respond. A school board that declines to
renew the coaching contract of a licensed or nonlicensed head varsity coach must notify the coach
within 14 days of that decision. If the coach requests reasons for not renewing the coaching
contract, the board must give the coach its reasons in writing within ten days of receiving the
request. Upon request, the board must provide the coach with a reasonable opportunity to respond
to the reasons at a board meeting. The hearing may be opened or closed at the election of the coach
unless the board closes the meeting under section 13D.05, subdivision 2, to discuss nonpublic data.
History: 1991 c 265 art 9 s 56; 1998 c 397 art 8 s 101; 1998 c 398 art 6 s 28; art 11 s
3; 1Sp2005 c 5 art 2 s 36

EMPLOYMENT CONTRACTS;

TERMS AND CONDITIONS

122A.40 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 3 and 19.
    Subd. 2. Nonprovisional license defined. For purposes of this section, "nonprovisional
license" means an entrance, continuing, or life license.
    Subd. 3. Hiring, dismissing. School boards must 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. A teacher related by blood or marriage, within the fourth degree, computed
by the civil law, to a board member shall not be employed except by a unanimous vote of the
full board. The initial employment of the teacher in the district must be by written contract,
signed by the teacher and by the chair and clerk. All subsequent employment of the teacher
in the district must 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. A teacher shall
not be required to reside within the employing district as a condition to teaching employment
or continued teaching employment.
    Subd. 4. 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. 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. 5. Probationary period. (a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period of
employment, and after completion thereof, the probationary period in each district in which
the teacher is thereafter employed shall be one year. The school board must adopt a plan for
written evaluation of teachers during the probationary period. Evaluation must 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 must not be included in determining the
number of school days on which a teacher performs services. Except as otherwise provided in
paragraph (b), during the probationary period any annual contract with any teacher may or may
not be renewed as the school board shall see fit. However, the board must give any such teacher
whose contract it declines to renew for the following school year written notice to that effect
before July 1. If the teacher requests reasons for any nonrenewal of a teaching contract, the board
must 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 122A.44.
(b) A board must discharge a probationary teacher, effective immediately, upon receipt of
notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has been
revoked due to a conviction for child abuse or sexual abuse.
(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code, title
38, section 4312(e), is considered to have a consecutive teaching experience for purposes of
paragraph (a).
(d) A probationary teacher must complete at least 60 days of teaching service each year
during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school do
not count as days of teaching service under this paragraph.
    Subd. 6. Peer review for probationary teachers. A school board and an exclusive
representative of the teachers in the district must develop a probationary teacher peer review
process through joint agreement.
    Subd. 7. Termination of contract after probationary period. (a) A teacher who has
completed a probationary period in any district, and who has not been discharged or advised of a
refusal to renew the teacher's contract under subdivision 5, shall elect to have a continuing contract
with such district where contract terms and conditions, including salary and salary increases, are
established based either on the length of the school calendar or an extended school calendar under
section 120A.415. Thereafter, the teacher's contract must 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 9 or July 1 upon one of the grounds specified in subdivision 10 or 11, or until the
teacher is discharged pursuant to subdivision 13, or by the written resignation of the teacher
submitted prior to April 1. 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 is 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 is 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 must 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 9 or 13, the notice must also
state a teacher may request arbitration under subdivision 15. 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 does not affect the powers of
a board to suspend, discharge, or demote a teacher under and pursuant to other provisions of law.
(b) A teacher electing to have a continuing contract based on the extended school calendar
under section 120A.415 must participate in staff development training under subdivision 7a and
shall receive an increased base salary.
    Subd. 7a. Additional staff development and salary. (a) A teacher electing to have a
continuing contract based on the extended school calendar under section 120A.415 must
participate in a total number of staff development days where the total number of such days
equals the difference between the total number of days of student instruction and 240 days.
Staff development includes peer mentoring, peer gathering, continuing education, professional
development, or other training. A school board may schedule such days throughout the calendar
year. Staff development programs provided during such days shall enable teachers to achieve the
staff development outcomes under section 122A.60, subdivision 3.
(b) A public employer and the exclusive representative of the teachers must include
terms in the collective bargaining agreement for all teachers who participate in additional staff
development days under paragraph (a) that increase base salaries.
    Subd. 8. 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. 9. 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 must not be terminated upon one of the grounds specified in clause (a), (b), (c), or
(d), unless the teacher fails to correct the deficiency after being given written notice of the specific
items of complaint and reasonable time within which to remedy them.
    Subd. 10. 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 11 shall apply. The negotiated plan must 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 11, clause (c), or the reinstatement
of a teacher holding a provisional license, other than a vocational education license, contrary to
the provisions of subdivision 11, clause (e). The provisions of section 179A.16 do not apply
for the purposes of this subdivision.
    Subd. 11. Unrequested leave of absence. The 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 is effective at the close of the school year. In
placing teachers on unrequested leave, the board is governed by the following provisions:
(a) The board may place probationary teachers on unrequested leave first in the inverse order
of their employment. A teacher who has acquired continuing contract rights must not 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 is negotiable;
(c) Notwithstanding the provisions of clause (b), a teacher is not 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
do 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 must 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 must be in the inverse order
of placement on leave of absence. A teacher must not 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 is negotiable;
(f) Appointment of a new teacher must not 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 must 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. 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 5 and 7 must 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 unemployment benefits if otherwise eligible.
    Subd. 12. 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 must be taken
only upon evidence that suspension is required from a physician who has examined the teacher.
The physician must be competent in the field involved and must be selected by the teacher from
a list of three provided by the school board, and the examination must 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 must 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 must 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 must notify the teacher
in writing of such suspension and the reasons therefor. During the leave of absence, the district
must pay the teacher sick leave benefits 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 must 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 13.
    Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph (b), a board
may discharge a continuing-contract teacher, effective immediately, upon any of the following
grounds:
(1) immoral conduct, insubordination, or conviction of a felony;
(2) conduct unbecoming a teacher which requires the immediate removal of the teacher from
classroom or other duties;
(3) failure without justifiable cause to teach without first securing the written release of
the school board;
(4) gross inefficiency which the teacher has failed to correct after reasonable written notice;
(5) willful neglect of duty; or
(6) continuing physical or mental disability subsequent to a 12 months leave of absence and
inability to qualify for reinstatement in accordance with subdivision 12.
For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
Prior to discharging a teacher under this paragraph, the board must 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 in the
hearing after charges have been filed which constitute ground for discharge.
(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license
has been revoked due to a conviction for child abuse or sexual abuse.
    Subd. 14. Hearing procedures. Any hearing held pursuant to this section must be held upon
appropriate and timely notice to the teacher, and any hearing held pursuant to subdivision 9 or 13
must be private or public at the discretion of the teacher. A hearing held pursuant to subdivision
11 must 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 must 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 must
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 must employ a court reporter to record the proceedings
at the hearing, and either party may obtain a transcript of the hearing at its own expense.
    Subd. 15. Hearing and determination by arbitrator. A teacher whose termination is
proposed under subdivision 7 on grounds specified in subdivision 9, or whose discharge is
proposed under subdivision 13, 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 9 or
within ten days of receiving notification of proposed discharge under subdivision 13. If a request
for a hearing does not specify that the hearing be before an arbitrator, it is 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
board must 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
9, arbitrators on the list must be available to hear the matter and make a decision within a time
frame that will allow the board to comply with all statutory timelines relating to termination. If
the teacher and the 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 must 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 must 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 9 or 13 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 13D.05, subdivision 3,
paragraph (a), and must 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. 16. Decision. After the hearing, the board must issue a written decision and order. If
the board orders termination of a continuing contract or discharge of a teacher, its decision must
include findings of fact based upon competent evidence in the record and must 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 9, prior to July 1 for grounds specified in
subdivision 10 or 11, 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
must be dismissed and the decision entered in the board minutes, and all references to such
proceedings must be excluded from the teacher's record file.
    Subd. 17. Judicial review. The pendency of judicial proceedings must not be ground for
postponement of the effective date of the board's order, but if judicial review eventuates in
reinstatement of the teacher, the board must pay the teacher all compensation withheld as a
result of the termination or dismissal order.
    Subd. 18. Exception. This section does not apply to any district in a city of the first class.
    Subd. 19. Records relating to individual teacher; access; expungement. All evaluations
and files generated within a school district relating to each individual teacher must be available
to each individual teacher upon written request. Effective January 1, 1976, all evaluations and
files, wherever generated, relating to each individual teacher must 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 district may destroy the files as provided by law and must 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. The grievance procedure promulgated by the director of the
bureau of mediation services, pursuant to section 179A.04, subdivision 3, clause (h), applies to
those principals and supervisory employees not included in an appropriate unit as defined in
section 179A.03. Expungement proceedings must 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 must 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.
History: 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; 1998 c 397 art 8 s
17-33,101; art 11 s 3; 1999 c 107 s 66; 1999 c 201 s 2,3; 1999 c 241 art 9 s 13-15; 2000 c 343 s
4; 1Sp2001 c 6 art 2 s 10,11; 2005 c 36 s 1; 1Sp2005 c 5 art 10 s 1

NOTE: Subdivision 5, as amended by Laws 2005, chapter 36, section 1, and Laws 2005,
First Special Session chapter 5, article 10, section 1, is effective retroactively from September 10,
2001, and applies to those probationary teachers absent for active military service beginning on
September 10, 2001, or later. Laws 2005, chapter 36, section 1, the effective date.

122A.41 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. (a) 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 3, 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 3. Evaluation by the peer review committee charged with evaluating probationary
teachers under subdivision 3 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.
(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code, title
38, section 4312(e), is considered to have a consecutive teaching experience for purposes of
paragraph (a).
(c) A probationary teacher must complete at least 60 days of teaching service each year
during the probationary period. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school do
not count as days of teaching service under this paragraph.
    Subd. 3. Peer review for probationary teachers. A board and an exclusive representative
of the teachers in the district must develop a probationary teacher peer review process through
joint agreement.
    Subd. 4. Period of service after probationary period; discharge or demotion. (a) 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 must not be discharged or demoted except for cause after a
hearing. The terms and conditions of a teacher's employment contract, including salary and
salary increases, must be based either on the length of the school year or an extended school
calendar under section 120A.415.
(b) A probationary teacher is deemed to have been reemployed for the ensuing school year,
unless the school board in charge of such school gave such teacher notice in writing before
July 1 of the termination of such employment.
(c) A teacher electing to have an employment contract based on the extended school calendar
under section 120A.415 must participate in staff development training under subdivision 4a and
shall receive an increased base salary.
    Subd. 4a. Additional staff development and salary. (a) A teacher electing to have a
continuing contract based on the extended school calendar under section 120A.415 must
participate in a total number of staff development days where the total number of such days
equals the difference between the total number of days of student instruction and 240 days.
Staff development includes peer mentoring, peer gathering, continuing education, professional
development, or other training. A school board may schedule such days throughout the calendar
year. Staff development programs provided during such days shall enable teachers to achieve the
staff development outcomes under section 122A.60, subdivision 3.
(b) A public employer and the exclusive representative of the teachers must include
terms in the collective bargaining agreement for all teachers who participate in additional staff
development days under paragraph (a) that increase base salaries.
    Subd. 5. Peer review for continuing contract teachers. A school board and an
exclusive representative of the teachers in the district must develop a peer review process for
nonprobationary teachers through joint agreement.
    Subd. 5a. Probationary period for principals hired internally. A board and the exclusive
representative of the school principals in the district may negotiate a plan for a probationary period
of up to two school years for licensed teachers employed by the board who are subsequently
employed by the board as a licensed school principal or assistant principal and an additional
probationary period of up to two years for licensed assistant principals employed by the board
who are subsequently employed by the board as a licensed school principal.
    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must 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 must 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 paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.
(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license
has been revoked due to a conviction for child abuse or sexual abuse.
    Subd. 7. Hearing of charges against teacher. The charges against a teacher must 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. Before the
school board discharges or demotes a teacher, the board must notify the teacher in writing and
state in reasonable detail its grounds for the proposed discharge or demotion, together with
a statement that the teacher may request in writing within ten days after receiving the notice a
hearing before the board. The board may have the notice served personally or may send it by
certified mail addressed to the teacher at the teacher's last known post office address. The teacher,
under subdivision 13, also may elect a hearing before an arbitrator instead of the school board.
Within ten days after receiving the notice the teacher may request in writing a hearing before
the board or an arbitrator and it shall be granted. The teacher must be given reasonable notice of
the time and place of the hearing before final action is taken. A teacher who fails to request a
hearing within ten days is considered to acquiesce in the board's action. If the charge is made by a
person not connected with the school system the charge may be disregarded by the school board.
If the grounds are those specified in subdivision 6, clause (1), (2), (3), or (4), the notice must also
state a teacher may request arbitration under subdivision 13. At the hearing, the school board
or arbitrator shall hear all evidence that may be adduced in support of the charges and for the
teacher's defense to the charges. Either party has 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
must be examined under oath. Any member of the school board conducting such a hearing has
authority to issue subpoenas and to administer oaths to witnesses.
    Subd. 8. Counsel; examination of witnesses. Each party appearing before the school board
has the right to be represented by counsel, and such counsel may examine and cross-examine
witnesses and present arguments.
    Subd. 9. Hearings. All hearings before the school board must be private or may be public at
the decision of the teacher against whom such charges have been filed.
    Subd. 10. Decision, when rendered. The 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 board. If the charges, or any of such, are
found to be true, the board conducting the hearing must discharge, demote, or suspend the teacher,
as seems to be for the best interest of the school. A teacher must not be discharged for either of
the causes specified in subdivision 6, 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. 11. Charges expunged from records. In all cases where the final decision is in favor
of the teacher the charge or charges must be physically expunged from the records.
    Subd. 12. Suspension pending hearing; salary. After charges are filed against a teacher,
the school board may suspend the teacher from regular duty. If the teacher is suspended or
removed after the final decision, the 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,
the board must not abate the teacher's salary or compensation.
    Subd. 13. Hearing and determination by arbitrator. A teacher against whom charges have
been filed alleging any cause for discharge or demotion specified in subdivision 6, 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 7. Failure to request
a hearing before an arbitrator during this period is considered acquiescence to the board's action.
(b) If the teacher and the school board are unable to mutually agree on an arbitrator, the
board must 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 must 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 board must 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 6, 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 13D.05, subdivision 3,
paragraph (a), and must 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. 14. Services terminated by discontinuance or lack of pupils; preference given.
(a) A teacher whose services are terminated on account of discontinuance of position or lack of
pupils must 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 must be discontinued in any department in the inverse order in
which they were employed, unless a board and the exclusive representative of teachers in the
district negotiate a plan providing otherwise.
(b) Notwithstanding the provisions of clause (a), a teacher is not 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 do not apply to vocational education licenses.
(c) Notwithstanding the provisions of clause (a), a teacher must not 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. 15. Records relating to individual teacher; access; expungement. All evaluations
and files generated within a district relating to each individual teacher must 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 must be available to each
individual teacher upon the teacher's written request. The teacher has 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 district may destroy the files as provided by law and must 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. The grievance procedure promulgated by the
director of the Bureau of Mediation Services, pursuant to section 179A.04, subdivision 3, clause
(h), applies to those principals and supervisory employees not included in an appropriate unit
as defined in section 179A.03. Expungement proceedings must 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 must
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.
History: 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;
1998 c 397 art 8 s 42-54,101; art 11 s 3; 1999 c 201 s 4; 1999 c 241 art 9 s 16; 1Sp2001 c 6 art 2
s 12-16; 1Sp2003 c 9 art 12 s 3; 2005 c 36 s 2; 1Sp2005 c 5 art 2 s 37,38; art 10 s 2

NOTE: Subdivision 2, as amended by Laws 2005, chapter 36, section 2, and Laws 2005,
First Special Session chapter 5, article 10, section 2, is effective retroactively from September 10,
2001, and applies to those probationary teachers absent for active military service beginning on
September 10, 2001, or later. Laws 2005, chapter 36, section 2, the effective date.

122A.413 EDUCATIONAL IMPROVEMENT PLAN.
    Subdivision 1. Qualifying plan. A district or intermediate school district may develop an
educational improvement plan for the purpose of qualifying for the alternative teacher professional
pay system under section 122A.414. The plan must include measures for improving school
district, intermediate school district, school site, teacher, and individual student performance.
    Subd. 2. Plan components. The educational improvement plan must be approved by the
school board and have at least these elements:
(1) assessment and evaluation tools to measure student performance and progress;
(2) performance goals and benchmarks for improvement;
(3) measures of student attendance and completion rates;
(4) a rigorous professional development system, consistent with section 122A.60, that is
aligned with educational improvement, designed to achieve teaching quality improvement, and
consistent with clearly defined research-based standards;
(5) measures of student, family, and community involvement and satisfaction;
(6) a data system about students and their academic progress that provides parents and
the public with understandable information;
(7) a teacher induction and mentoring program for probationary teachers that provides
continuous learning and sustained teacher support; and
(8) substantial participation by the exclusive representative of the teachers in developing the
plan.
    Subd. 3. School site accountability. A district or intermediate school district that develops
a plan under subdivisions 1 and 2 must ensure that each school site develops a board-approved
educational improvement plan that is aligned with the district educational improvement plan
under subdivision 2 and developed with the exclusive representative of the teachers. While
a site plan must be consistent with the district educational improvement plan, it may establish
performance goals and benchmarks that meet or exceed those of the district.
History: 1Sp2001 c 6 art 2 s 53; 1Sp2005 c 5 art 2 s 39

122A.414 ALTERNATIVE TEACHER PAY.
    Subdivision 1. Restructured pay system. A restructured alternative teacher professional pay
system is established under subdivision 2 to provide incentives to encourage teachers to improve
their knowledge and instructional skills in order to improve student learning and for school
districts, intermediate school districts, and charter schools to recruit and retain highly qualified
teachers, encourage highly qualified teachers to undertake challenging assignments, and support
teachers' roles in improving students' educational achievement.
    Subd. 1a. Transitional planning year. (a) To be eligible to participate in an alternative
teacher professional pay system, a school district, intermediate school district, or site, at least one
school year before it expects to fully implement an alternative pay system, must:
(1) submit to the department a letter of intent executed by the school district or intermediate
school district and the exclusive representative of the teachers to complete a plan preparing for
full implementation, consistent with subdivision 2, that may include, among other activities,
training to evaluate teacher performance, a restructured school day to develop integrated ongoing
site-based professional development activities, release time to develop an alternative pay system
agreement, and teacher and staff training on using multiple data sources; and
(2) agree to use up to two percent of basic revenue for staff development purposes, consistent
with sections 122A.60 and 122A.61, to develop the alternative teacher professional pay system
agreement under this section.
(b) To be eligible to participate in an alternative teacher professional pay system, a charter
school, at least one school year before it expects to fully implement an alternative pay system,
must:
(1) submit to the department a letter of intent executed by the charter school and the charter
school board of directors;
(2) submit the record of a formal vote by the teachers employed at the charter school
indicating at least 70 percent of all teachers agree to implement the alternative pay system; and
(3) agree to use up to two percent of basic revenue for staff development purposes, consistent
with sections 122A.60 and 122A.61, to develop the alternative teacher professional pay system.
(c) The commissioner may waive the planning year if the commissioner determines, based
on the criteria under subdivision 2, that the school district, intermediate school district, site or
charter school is ready to fully implement an alternative pay system.
    Subd. 2. Alternative teacher professional pay system. (a) To participate in this program, a
school district, intermediate school district, school site, or charter school must have an educational
improvement plan under section 122A.413 and an alternative teacher professional pay system
agreement under paragraph (b). A charter school participant also must comply with subdivision 2a.
(b) The alternative teacher professional pay system agreement must:
(1) describe how teachers can achieve career advancement and additional compensation;
(2) describe how the school district, intermediate school district, school site, or charter
school will provide teachers with career advancement options that allow teachers to retain
primary roles in student instruction and facilitate site-focused professional development that helps
other teachers improve their skills;
(3) reform the "steps and lanes" salary schedule, prevent any teacher's compensation paid
before implementing the pay system from being reduced as a result of participating in this system,
and base at least 60 percent of any compensation increase on teacher performance using:
(i) schoolwide student achievement gains under section 120B.35 or locally selected
standardized assessment outcomes, or both;
(ii) measures of student achievement; and
(iii) an objective evaluation program that includes:
(A) individual teacher evaluations aligned with the educational improvement plan under
section 122A.413 and the staff development plan under section 122A.60; and
(B) objective evaluations using multiple criteria conducted by a locally selected and
periodically trained evaluation team that understands teaching and learning;
(4) provide integrated ongoing site-based professional development activities to improve
instructional skills and learning that are aligned with student needs under section 122A.413,
consistent with the staff development plan under section 122A.60 and led during the school day
by trained teacher leaders such as master or mentor teachers;
(5) allow any teacher in a participating school district, intermediate school district, school
site, or charter school that implements an alternative pay system to participate in that system
without any quota or other limit; and
(6) encourage collaboration rather than competition among teachers.
    Subd. 2a. Charter school applications. For charter school applications, the board of
directors of a charter school that satisfies the conditions under subdivisions 2 and 2b must submit
to the commissioner an application that contains:
(1) an agreement to implement an alternative teacher professional pay system under this
section;
(2) a resolution by the charter school board of directors adopting the agreement; and
(3) the record of a formal vote by the teachers employed at the charter school indicating
that at least 70 percent of all teachers agree to implement the alternative teacher professional
pay system, unless the charter school submits an alternative teacher professional pay system
agreement under this section before the first year of operation.
Alternative compensation revenue for a qualifying charter school must be calculated under
section 126C.10, subdivision 34, paragraphs (a) and (b).
    Subd. 2b. Approval process. (a) Consistent with the requirements of this section and
sections 122A.413 and 122A.415, the department must prepare and transmit to interested
school districts, intermediate school districts, school sites, and charter schools a standard form
for applying to participate in the alternative teacher professional pay system. An interested
school district, intermediate school district, school site, or charter school must submit to the
commissioner a completed application executed by the district superintendent and the exclusive
bargaining representative of the teachers if the applicant is a school district, intermediate school
district, or school site, or executed by the charter school board of directors if the applicant is a
charter school. The application must include the proposed alternative teacher professional pay
system agreement under subdivision 2. The department must convene a review committee that at
least includes teachers and administrators within 30 days of receiving a completed application
to recommend to the commissioner whether to approve or disapprove the application. The
commissioner must approve applications on a first-come, first-served basis. The applicant's
alternative teacher professional pay system agreement must be legally binding on the applicant
and the collective bargaining representative before the applicant receives alternative compensation
revenue. The commissioner must approve or disapprove an application based on the requirements
under subdivisions 2 and 2a.
(b) If the commissioner disapproves an application, the commissioner must give the
applicant timely notice of the specific reasons in detail for disapproving the application. The
applicant may revise and resubmit its application and related documents to the commissioner
within 30 days of receiving notice of the commissioner's disapproval and the commissioner must
approve or disapprove the revised application, consistent with this subdivision. Applications
that are revised and then approved are considered submitted on the date the applicant initially
submitted the application.
    Subd. 3. Report; continued funding. (a) Participating districts, intermediate school
districts, school sites, and charter schools must report on the implementation and effectiveness of
the alternative teacher professional pay system, particularly addressing each requirement under
subdivision 2 and make annual recommendations by June 15 to their school boards. The school
board or board of directors shall transmit a copy of the report with a summary of the findings
and recommendations of the district, intermediate school district, school site, or charter school
to the commissioner.
(b) If the commissioner determines that a school district, intermediate school district,
school site, or charter school that receives alternative teacher compensation revenue is not
complying with the requirements of this section, the commissioner may withhold funding from
that participant. Before making the determination, the commissioner must notify the participant of
any deficiencies and provide the participant an opportunity to comply.
    Subd. 4. Planning and staff development. A school district that qualifies to participate in
the alternative teacher professional pay system transitional planning year under subdivision 1a
may use up to two percent of basic revenue that would otherwise be reserved under section
122A.61 for complying with the planning and staff development activities under this section.
History: 1Sp2001 c 6 art 2 s 54; 1Sp2003 c 9 art 2 s 8; 1Sp2005 c 5 art 2 s 40

122A.4144 SUPPLEMENTAL AGREEMENTS; ALTERNATIVE TEACHER PAY.
Notwithstanding section 179A.20 or other law to the contrary, a school board and the
exclusive representative of the teachers may agree to reopen a collective bargaining agreement
for the purpose of entering into an alternative teacher professional pay system agreement under
sections 122A.413, 122A.414, and 122A.415. Negotiations for a contract reopened under this
section must be limited to issues related to the alternative teacher professional pay system.
History: 1Sp2005 c 5 art 2 s 41

122A.415 ALTERNATIVE COMPENSATION REVENUE.
    Subdivision 1. Revenue amount. (a) A school district, intermediate school district, school
site, or charter school that meets the conditions of section 122A.414 and submits an application
approved by the commissioner is eligible for alternative teacher compensation revenue.
(b) For school district and intermediate school district applications, the commissioner must
consider only those applications to participate that are submitted jointly by a district and the
exclusive representative of the teachers. The application must contain an alternative teacher
professional pay system agreement that:
(1) implements an alternative teacher professional pay system consistent with section
122A.414; and
(2) is negotiated and adopted according to the Public Employment Labor Relations Act under
chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a district may enter
into a contract for a term of two or four years.
Alternative teacher compensation revenue for a qualifying school district or site in which the
school board and the exclusive representative of the teachers agree to place teachers in the district
or at the site on the alternative teacher professional pay system equals $260 times the number
of pupils enrolled at the district or site on October 1 of the previous fiscal year. Alternative
teacher compensation revenue for a qualifying intermediate school district must be calculated
under section 126C.10, subdivision 34, paragraphs (a) and (b).
(c) For a newly combined or consolidated district, the revenue shall be computed using
the sum of pupils enrolled on October 1 of the previous year in the districts entering into the
combination or consolidation. The commissioner may adjust the revenue computed for a site
using prior year data to reflect changes attributable to school closings, school openings, or grade
level reconfigurations between the prior year and the current year.
(d) The revenue is available only to school districts, intermediate school districts, school
sites, and charter schools that fully implement an alternative teacher professional pay system by
October 1 of the current school year.
    Subd. 2.[Repealed, 1Sp2005 c 5 art 1 s 55]
    Subd. 3. Revenue timing. (a) Districts, intermediate school districts, school sites, or charter
schools with approved applications must receive alternative compensation revenue for each
school year that the district, intermediate school district, school site, or charter school implements
an alternative teacher professional pay system under this subdivision and section 122A.414. For
fiscal year 2007 and later, a qualifying district, intermediate school district, school site, or charter
school that received alternative teacher compensation aid for the previous fiscal year must receive
at least an amount of alternative teacher compensation revenue equal to the lesser of the amount
it received for the previous fiscal year or the amount it qualifies for under subdivision 1 for the
current fiscal year if the district, intermediate school district, school site, or charter school submits
a timely application and the commissioner determines that the district, intermediate school
district, school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.
(b) The commissioner shall approve applications that comply with subdivision 1, and section
122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter school, in the order
in which they are received, select applicants that qualify for this program, notify school districts,
intermediate school districts, school sites, and charter schools about the program, develop and
disseminate application materials, and carry out other activities needed to implement this section.
(c) For applications approved under this section before August 1 of the fiscal year for which
the aid is paid, the portion of the state total basic alternative teacher compensation aid entitlement
allocated to charter schools must not exceed $522,000 for fiscal year 2006 and $3,374,000 for
fiscal year 2007. For fiscal year 2008 and later, the portion of the state total basic alternative
teacher compensation aid entitlement allocated to charter schools must not exceed the product
of $3,374,000 times the ratio of the state total charter school enrollment for the previous fiscal
year to the state total charter school enrollment for the second previous year. Additional basic
alternative teacher compensation aid may be approved for charter schools after August 1, not
to exceed the charter school limit for the following fiscal year, if the basic alternative teacher
compensation aid entitlement for school districts based on applications approved by August 1
does not expend the remaining amount under the limit.
History: 1Sp2001 c 6 art 2 s 55; 1Sp2003 c 9 art 2 s 9,10; 1Sp2005 c 5 art 2 s 42,43

122A.416 ALTERNATIVE TEACHER COMPENSATION REVENUE FOR PERPICH
CENTER FOR ARTS EDUCATION AND MULTIDISTRICT INTEGRATION
COLLABORATIVES.
Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10, multidistrict
integration collaboratives and the Perpich Center for Arts Education are eligible to receive
alternative teacher compensation revenue as if they were intermediate school districts. To qualify
for alternative teacher compensation revenue, a multidistrict integration collaborative or the
Perpich Center for Arts Education must meet all of the requirements of sections 122A.413,
122A.414, and 122A.415 that apply to intermediate school districts, must report its enrollment as
of October 1 of each year to the department, and must annually report its expenditures for the
alternative teacher professional pay system consistent with the uniform financial accounting and
reporting standards to the department by November 30 of each year.
History: 2006 c 282 art 4 s 2

122A.42 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.
History: Ex1959 c 71 art 6 s 2; 1998 c 397 art 8 s 101

122A.43 SHORT-TERM, LIMITED CONTRACTS.
    Subdivision 1. Authorization. A school board may enter into short-term, limited contracts
with classroom teachers employed by the district.
    Subd. 2. Board to identify needs. The board must determine the needs of its classroom
teachers and the need for changes in its curriculum. In determining these needs, the school board
must obtain recommendations from classroom teachers, staff responsible for curriculum, and the
curriculum advisory committee. It shall consider assessment results, other test results, the need
for mentor teachers, and the district improvement plan portion of the report adopted according
to section 120B.11, subdivision 3. Contracts executed under this section shall relate directly to
the identified needs.
    Subd. 3. Selection committee. A committee of six members appointed by the board shall
recommend teachers to receive contracts. Three members of the committee shall be classroom
teachers. Three members shall be administrators, parents, members of the school board, or
members of the community. The committee shall consider only classroom teachers who have
background, knowledge, or expertise needed to perform duties in the areas of need identified by
the board. Years of service in the district must not be a factor for consideration by the committee.
A teacher shall not have a right to a contract under this section based on seniority or order of
employment in the district. The committee shall recommend to the school board names of
individual teachers. The number of individual teachers recommended shall be approximately the
number designated by the board to meet the identified needs. The board may award contracts to
any of the recommended teachers but not to any others. The board may request the committee
to recommend additional names of teachers.
    Subd. 4. Contract terms and conditions. Contracts executed under this section shall
provide classroom teachers any one or a combination of the following:
(1) released time during the school day;
(2) additional hours in a school day; or
(3) additional days or weeks of employment during the summer.
Contracts executed under this section shall terminate within one year of the date of execution.
During the term of a contract under this section a teacher may be discharged for cause from duties
under this contract; a hearing shall be held on the discharge upon request of the teacher. A teacher
has no rights in a subsequent year to a contract under this subdivision.
    Subd. 5. Application of other laws. The provisions of section 122A.40 or 122A.41 shall not
apply to initial awards, renewal, or termination of contracts under this section. The provisions of
this section concerning short-term, limited contracts shall not be construed to alter any aspect of
other contracts executed by a school board.
    Subd. 6. Report. Each district awarding contracts under this section is encouraged to submit
a report to the commissioner. The report shall indicate the number of contracts awarded, whether
duties are to be performed before, during, or after the school day or during the summer, the total
cost of all contracts, and a general description of the duties. The statement shall also describe how
the recommendations required by subdivision 2 were obtained. Any problems associated with
implementing this section may be included.
History: 1Sp1985 c 12 art 8 s 25,61; 1987 c 398 art 8 s 29; 1988 c 486 s 101 subd 2;
1Sp1995 c 3 art 16 s 13; 1997 c 7 art 1 s 72; 1998 c 397 art 8 s 97-99,101; art 11 s 3

122A.44 CONTRACTING WITH TEACHERS; SUBSTITUTE TEACHERS.
    Subdivision 1. Contracting with qualified teachers. The board must employ and contract
with necessary qualified teachers and discharge the same for cause.
    Subd. 2. Hiring substitute teachers. (a) The board must not hire a substitute teacher except:
(1) For a duration of time of less than one school year to replace a regular teacher who is
absent; or
(2) For a duration of time equal to or greater than one school year to replace a regular
teacher on a leave of absence.
(b) If a substitute teacher is hired pursuant to paragraph (a), clause (2), each full school year
during which the teacher is employed by a district pursuant to that clause shall be deemed one
year of the teacher's probationary period of employment pursuant to either section 122A.40,
subdivision 5 , or 122A.41, subdivision 2. The teacher shall be eligible for continuing contract
status pursuant to section 122A.40, subdivision 7, or tenure status pursuant to section 122A.41,
subdivision 4 , after completion of the applicable probationary period.
History: Ex1959 c 71 art 4 s 17; 1961 c 225 s 1; 1967 c 173 s 2; 1969 c 21 s 1; 1969 c 104
s 1; 1973 c 491 s 1; 1975 c 359 s 23; 1978 c 616 s 5; 1979 c 334 art 6 s 9; 1980 c 609 art 6 s
16; 1981 c 194 s 1; 1981 c 358 art 7 s 22; 1982 c 548 art 6 s 4; 1986 c 444; 1987 c 309 s 24;
1987 c 398 art 7 s 20; 1988 c 626 s 1; 1988 c 668 s 2; 1988 c 718 art 7 s 21; 1991 c 265 art 6
s 22; art 9 s 36; 1992 c 499 art 12 s 8; 1993 c 224 art 12 s 16; art 13 s 17; 1994 c 647 art 6 s
11-13; 1Sp1995 c 3 art 9 s 20; art 16 s 13; 1996 c 412 art 3 s 10; art 6 s 1; 1Sp1997 c 4 art 6 s 7;
art 7 s 4; 1998 c 397 art 1 s 54; art 3 s 53; art 5 s 88-90; art 6 s 62-68; art 8 s 1,2,101; art 11
s 3; 1998 c 398 art 6 s 17

122A.45 TEACHER CONTRACTS FOR SUMMER SCHOOL.
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.
History: Ex1959 c 71 art 6 s 14; 1986 c 444; 1998 c 397 art 8 s 101

122A.46 EXTENDED LEAVES OF ABSENCE.
    Subdivision 1. Teachers defined. As used in this section, the term "teachers" shall have
the meaning given it in section 122A.15, subdivision 1. The term "teachers" also includes any
teacher in the classifications included in the professional state residential instructional unit, under
section 179A.10, subdivision 2, clause (16).
    Subd. 1a. Appointing authority. For purposes of teachers included in the professional
state residential instructional unit, the term "school board" includes the appointing authority
as defined in section 43A.02, subdivision 5.
    Subd. 2. Leave of absence. 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 duration of an extended leave of absence under this section must 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 under this section shall be taken by
mutual consent of the board and the teacher. If the school board denies a teacher's request, it must
provide reasonable justification for the denial.
    Subd. 3. Reinstatement. Except as provided in subdivisions 7 and 8, 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 122A.40 or 122A.41 while the teacher is on the extended leave.
The board is not obligated to reinstate any teacher who is on an extended leave of absence
pursuant to this section, unless the teacher advised 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. Seniority and continuing contract rights. 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. 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. Salary. 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. School board authority. 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. 7. Employment in another district. A school board shall not 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. 8. Superintendent. 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. 9. Benefits. 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. A teacher shall receive the coverage 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 preceding
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. A school district may enter into an
agreement with the exclusive bargaining representative of the teachers in the district where the
district agrees, for an individual teacher, to pay all or a portion of the premium for such coverage.
Any such agreement must include a sunset of eligibility to qualify for the payment.
History: 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; 1998 c 397 art 8 s 80-84,101; art 11 s 3; 1999 c 222 art 9 s 2; 2000 c 461
art 11 s 1,2; 1Sp2003 c 12 art 3 s 1

122A.47 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.
History: 1995 c 262 art 1 s 1; 1998 c 397 art 8 s 101

122A.48 TEACHER EARLY RETIREMENT INCENTIVE PROGRAM.
    Subdivision 1. Teacher defined. For purposes of this section, "teacher" means a teacher as
defined in section 122A.15, subdivision 1, who:
(a) is employed in a public elementary or secondary school in the state and
(b) either
(1)(i) has at least 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 at least 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. Retirement. For purposes of this section, "retirement" means termination of
services in the employing district and withdrawal from active teaching service.
    Subd. 3. Employment as substitute. 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. 4. Unemployment benefits. Any amount of unemployment benefits that the teacher
receives and for which the district is required to pay into the unemployment insurance program
trust 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. 5. 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 must
be submitted on or before February 1 of the school year at the end of which the teacher wishes to
retire. A school board must 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.
History: 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
79,80; 1998 c 397 art 8 s 85,86,101; art 11 s 3; 1999 c 107 s 66; 2000 c 343 s 4

122A.49 SABBATICAL LEAVE FOR TEACHERS.
    Subdivision 1. Qualifications. 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. Return to position. A teacher who applies 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. Retain rights in employing district. A teacher who has been granted a sabbatical
leave must retain all rights in the employing district as though teaching in that district.
    Subd. 4. Sabbatical leave defined. The term "sabbatical leave," as used in this section, means
compensated leaves of absence granted for purposes of professional improvement or service.
History: 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; 1998 c 397 art 8 s 55,101

122A.50 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."
History: 1993 c 224 art 12 s 26; 1994 c 647 art 8 s 22; 1998 c 397 art 8 s 101

122A.51 TEACHER LUNCH PERIOD.
A teacher must be provided with a duty-free lunch period, scheduled according to school
board policy or negotiated agreement.
History: 1993 c 224 art 12 s 27; 1998 c 397 art 8 s 91,101

122A.52 TEACHERS' REPORTS.
An order must not 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.
History: Ex1959 c 71 art 6 s 16; 1975 c 162 s 34; 1986 c 444; 1998 c 397 art 8 s 41,101

122A.53 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.
History: Ex1959 c 71 art 6 s 15; 1975 c 162 s 33; 1986 c 444; 1998 c 397 art 8 s 101

122A.54 EXCHANGE TEACHERS.
    Subdivision 1. Eligibility. 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. Teacher assignment. 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. Teacher rights retained. The exchange teacher shall retain all rights in the
employing district as though teaching in that district.
History: Ex1959 c 71 art 6 s 13; 1976 c 222 s 19,208; 1998 c 397 art 8 s 101

122A.55 STAFF EXCHANGE PROGRAM.
    Subdivision 1. Establishment. A staff exchange program is established to allow local
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 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 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 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 district.
(g) A participant is responsible for transportation to and from the host 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 district.
(i) Participating 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 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.
History: 1991 c 265 art 9 s 49; 1996 c 305 art 1 s 138; 1998 c 397 art 8 s 36,101

122A.56 FACULTY EXCHANGE AND TEMPORARY ASSIGNMENT PROGRAM.
    Subdivision 1. Establishment. A program of faculty collaboration is established to allow
Minnesota school districts and postsecondary 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 postsecondary institution, or between postsecondary institutions.
Exchanges between postsecondary institutions may occur among campuses in the same system or
in different systems.
    Subd. 2. Uses of program. Each participating school district and postsecondary 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
postsecondary 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 123B.02, subdivision 14, and 122A.16, a member of the staff of a
postsecondary 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 postsecondary institution
without meeting the applicable qualifications of the postsecondary institution. A district is not
subject to section 127A.43 as a result of entering into an agreement according to this section that
enables a postsecondary 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 postsecondary institution before implementation.
    Subd. 4. Educators' employment; continuation. An educator who held a temporary
position or an exchanged position under this section must 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 must not be reduced because of
time spent on an exchange or temporary position under this section.
    Subd. 5. Entitlement to benefits and position. An educator who is continued in or restored
to a position in accordance with subdivision 4:
(1) must 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.
History: 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; 1998 c 397 art 8 s 37-40,101; art 11 s 3

122A.57 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 122A.56.
The programs must be used to assist in improving teacher education by involving current
teachers in education courses and placing postsecondary 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.
History: 1991 c 265 art 9 s 51; 1996 c 412 art 13 s 21; 1997 c 183 art 3 s 6; 1998 c 397
art 8 s 101; art 11 s 3

122A.58 COACHES, TERMINATION OF DUTIES.
    Subdivision 1. Termination; hearing. Before a district terminates the coaching duties of
an employee who is required to hold a license as an athletic coach from the commissioner of
education, the district must 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 must hold
a hearing within 25 days according to the hearing procedures specified in section 122A.40,
subdivision 14 , and the termination is final upon the order of the board after the hearing.
    Subd. 2. Final decision. Within ten days after the hearing, the board must issue a written
decision regarding the termination. If the board decides to terminate the employee's coaching
duties, the decision must 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. Nonapplication of section. 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 122A.40 or 122A.41. This section shall not apply to the termination of an employee's
coaching duties before completing the probationary period of employment.
History: 1978 c 550 s 1; 1980 c 345 s 7; 1986 c 444; 1998 c 397 art 8 s 34,35,101; art 11 s
3; 1998 c 398 art 5 s 55; 1Sp2003 c 9 art 12 s 4

TEACHER EDUCATION AND TRAINING;

STAFF DEVELOPMENT

122A.60 STAFF DEVELOPMENT PROGRAM.
    Subdivision 1. Staff development committee. A school board must use the revenue
authorized in section 122A.61 for in-service education for programs under section 120B.22,
subdivision 2 , or for staff development plans under this section. The board must establish an
advisory staff development committee to develop the plan, assist site professional development
teams in developing a site plan consistent with the goals of the plan, and evaluate staff
development efforts at the site level. A majority of the advisory committee and the site
professional development team must be teachers representing various grade levels, subject areas,
and special education. The advisory committee must also include nonteaching staff, parents, and
administrators.
    Subd. 1a. Effective staff development activities. (a) Staff development activities must:
(1) focus on the school classroom and research-based strategies that improve student learning;
(2) provide opportunities for teachers to practice and improve their instructional skills over
time;
(3) provide opportunities for teachers to use student data as part of their daily work to
increase student achievement;
(4) enhance teacher content knowledge and instructional skills;
(5) align with state and local academic standards;
(6) provide opportunities to build professional relationships, foster collaboration among
principals and staff who provide instruction, and provide opportunities for teacher-to-teacher
mentoring; and
(7) align with the plan of the district or site for an alternative teacher professional pay system.
Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams training
to enhance team performance. The school district also may implement other staff development
activities required by law and activities associated with professional teacher compensation models.
(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge and
instructional skills, such as preparing report cards, calculating grades, or organizing classroom
materials, may not be counted as staff development time that is financed with staff development
reserved revenue under section 122A.61.
    Subd. 2. Contents of the plan. The plan must include the staff development outcomes under
subdivision 3, the means to achieve the outcomes, and procedures for evaluating progress at each
school site toward meeting education outcomes.
    Subd. 3. Staff development outcomes. The advisory staff development committee must
adopt a staff development plan for improving student achievement. The plan must be consistent
with education outcomes that the school board determines. The plan must include ongoing
staff development activities that contribute toward continuous improvement in achievement of
the following goals:
(1) improve student achievement of state and local education standards in all areas of the
curriculum by using best practices methods;
(2) effectively meet the needs of a diverse student population, including at-risk children,
children with disabilities, and gifted children, within the regular classroom and other settings;
(3) provide an inclusive curriculum for a racially, ethnically, and culturally diverse student
population that is consistent with the state education diversity rule and the district's education
diversity plan;
(4) improve staff collaboration and develop mentoring and peer coaching programs for
teachers new to the school or district;
(5) effectively teach and model violence prevention policy and curriculum that address early
intervention alternatives, issues of harassment, and teach nonviolent alternatives for conflict
resolution; and
(6) provide teachers and other members of site-based management teams with appropriate
management and financial management skills.
    Subd. 4. Staff development report. (a) By October 15 of each year, the district and site
staff development committees shall write and submit a report of staff development activities and
expenditures for the previous year, in the form and manner determined by the commissioner. The
report, signed by the district superintendent and staff development chair, must include assessment
and evaluation data indicating progress toward district and site staff development goals based on
teaching and learning outcomes, including the percentage of teachers and other staff involved in
instruction who participate in effective staff development activities under subdivision 3.
(b) The report must break down expenditures for:
(1) curriculum development and curriculum training programs; and
(2) staff development training models, workshops, and conferences, and the cost of releasing
teachers or providing substitute teachers for staff development purposes.
The report also must indicate whether the expenditures were incurred at the district level
or the school site level, and whether the school site expenditures were made possible by grants
to school sites that demonstrate exemplary use of allocated staff development revenue. These
expenditures must be reported using the uniform financial and accounting and reporting standards.
(c) The commissioner shall report the staff development progress and expenditure data
to the house of representatives and senate committees having jurisdiction over education by
February 15 each year.
History: 1Sp1985 c 12 art 8 s 23,61; 1987 c 398 art 8 s 27,28; 1Sp1987 c 4 art 1 s 3; 1988 c
486 s 73,74; 1990 c 562 art 4 s 8; 1991 c 265 art 7 s 30-32; 1992 c 499 art 1 s 19; 1992 c 571 art
10 s 4,5; 1993 c 224 art 7 s 24; 1994 c 647 art 7 s 10,11; 1Sp1995 c 3 art 8 s 9; 1996 c 412 art 9 s
11; 1998 c 397 art 8 s 95,96,101; art 11 s 3; 1998 c 398 art 5 s 13; 1999 c 241 art 5 s 3; 1999
c 241 art 9 s 17; 1Sp2005 c 5 art 2 s 44-46

122A.61 RESERVED REVENUE FOR STAFF DEVELOPMENT.
    Subdivision 1. Staff development revenue. A district is required to reserve an amount equal
to at least two percent of the basic revenue under section 126C.10, subdivision 2, for in-service
education for programs under section 120B.22, subdivision 2, for staff development plans,
including plans for challenging instructional activities and experiences under section 122A.60,
and for curriculum development and programs, other in-service education, teachers' workshops,
teacher conferences, the cost of substitute teachers staff development purposes, preservice and
in-service education for special education professionals and paraprofessionals, and other related
costs for staff development efforts. A district may annually waive the requirement to reserve their
basic revenue under this section if a majority vote of the licensed teachers in the district and a
majority vote of the school board agree to a resolution to waive the requirement. A district in
statutory operating debt is exempt from reserving basic revenue according to this section. Districts
may expend an additional amount of unreserved revenue for staff development based on their
needs. With the exception of amounts reserved for staff development from revenues allocated
directly to school sites, the board must initially allocate 50 percent of the reserved revenue to each
school site in the district on a per teacher basis, which must be retained by the school site until
used. The board may retain 25 percent to be used for district wide staff development efforts. The
remaining 25 percent of the revenue must be used to make grants to school sites for best practices
methods. A grant may be used for any purpose authorized under section 120B.22, subdivision 2,
122A.60, or for the costs of curriculum development and programs, other in-service education,
teachers' workshops, teacher conferences, substitute teachers for staff development purposes, and
other staff development efforts, and determined by the site professional development team. The
site professional development team must demonstrate to the school board the extent to which staff
at the site have met the outcomes of the program. The board may withhold a portion of initial
allocation of revenue if the staff development outcomes are not being met.
    Subd. 2. Career teacher staff development. Of a district's basic revenue under section
126C.10, subdivision 2, an amount equal to $5 times the number of resident pupil units must
be reserved by a district operating a career teacher program according to sections 124D.25 to
124D.29. The revenue may be used only to provide staff development for the career teacher
program.
History: 1987 c 398 art 1 s 18; 1989 c 329 art 7 s 6; 1991 c 130 s 37; 1991 c 265 art 1 s
25; 1992 c 499 art 1 s 18; art 7 s 31; art 12 s 29; 1992 c 571 art 10 s 3; 1993 c 224 art 4 s 33;
art 7 s 14; 1994 c 647 art 7 s 3; 1Sp1995 c 3 art 1 s 49; 1998 c 397 art 8 s 4,101; art 11 s 3;
1998 c 398 art 1 s 36,39; 1Sp1998 c 3 s 19; 1999 c 241 art 1 s 54; art 5 s 4; 2000 c 489 art 2 s
1,28; 1Sp2001 c 5 art 3 s 82; 1Sp2001 c 6 art 1 s 42; art 3 s 3

    Subdivision 1.[Repealed, 1Sp2003 c 9 art 1 s 54]
    Subd. 2.[Repealed, 1998 c 398 art 1 s 51; 1Sp2003 c 9 art 1 s 54]
    Subd. 3.[Repealed, 1Sp2003 c 9 art 1 s 54]
    Subd. 4.[Repealed, 1998 c 398 art 1 s 51; 1Sp2003 c 9 art 1 s 54]
    Subd. 5.[Repealed, 1Sp2003 c 9 art 1 s 54]

122A.624 EDUCATIONAL EFFECTIVENESS PROGRAM.
    Subdivision 1. Program outcomes. The outcomes of the educational effectiveness program
are to:
(1) increase meaningful parental involvement in site-based decision making;
(2) improve results-oriented educational processes;
(3) create flexible school-based organizational structures; and
(4) improve student achievement.
    Subd. 2. Program implementation. The commissioner of education shall develop and
maintain a program of educational effectiveness and results-oriented education. The program shall
be based on established principles of instructional design and the essential elements of effective
instruction as determined by educational research. The program shall take into account the diverse
needs of the school districts due to such factors as district size and location.
    Subd. 3. Educational effectiveness staff development. The Department of Education
shall provide assistance to the school districts in implementing an educational effectiveness
program. The staff development shall be facilitated by building level decision-making teams. The
staff development shall include clarification of individual school missions, goals, expectations,
enhancement of collaborative planning and collegial relationships among the building staff,
improvement of curriculum, assessment, instructional and organizational skills, improvement of
financial and management skills, and planning of other staff development programs.
History: 1993 c 224 art 7 s 2; 1Sp1995 c 3 art 16 s 13; 1Sp1997 c 4 art 6 s 4-6; 1998 c 397
art 5 s 104; 2001 c 161 s 19; 2003 c 130 s 12

122A.625 EDUCATIONAL EFFECTIVENESS PLAN.
The commissioner of education shall develop a comprehensive statewide plan for
maintaining and improving educational effectiveness in early childhood family education
programs through secondary education programs. The plan shall include provisions for the
participation of postsecondary teacher preparation programs and early childhood family education
programs. The plan shall encourage implementation of educational effectiveness strategies based
on research findings in the area, develop in-service programs for school district staff, integrate
developments in educational technology with classroom instruction, and develop a mechanism
for establishing a statewide network to coordinate and disseminate information on research in
educational effectiveness. The commissioner may employ consultants and specialists to assist in
the development of the plan, and, to the extent possible, shall utilize the information provided
by the planning, evaluation, and reporting process and the statewide assessment program. The
plan shall be revised as necessary.
History: 1983 c 314 art 8 s 2; 1984 c 463 art 8 s 2; 1Sp1985 c 12 art 8 s 1; 1991 c 265 art 7
s 4; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 5 s 104; 2003 c 130 s 12

122A.628 SCHOOLS MENTORING SCHOOLS REGIONAL SITES.
    Subdivision 1. Program. The commissioner of education shall select up to four school
districts, or partnerships of school districts, for the purpose of assisting other school districts in
the region with the development of thorough and effective teacher mentoring programs. The
commissioner shall use geographic balance and proven teacher induction programs as criteria
when selecting the sites. One site must include the Brainerd teacher support system, which has
been cited by the Minnesota Board of Teaching as a model program and was one of only six
programs in the nation to be recognized for the 2004 NEA-Saturn/UAW partnership award. The
sites shall be known as schools mentoring schools regional sites.
The sites shall provide high quality mentoring assistance programs and services to other
nearby school districts for the development of effective systems of support for new teachers. The
sites shall offer coaching/mentor training, in-class observation training, and train-the-teacher
opportunities for teams of participating teachers. The sites shall use their recognized experience
and methods to equip schools to work with their own new and beginning teachers. The
commissioner shall review and report annually to the legislature on the operation of each training
center.
    Subd. 2. Revenue. A school district that is selected to participate in the schools mentoring
schools program under this section may utilize its professional compensation revenue under
section 122A.4142, subdivision 4, to pay regional training sites for staff development and training
services.
History: 1Sp2005 c 5 art 2 s 47

122A.63 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
commissioner 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 must be submitted to the
commissioner of education. The application must be developed with the participation of the
parent advisory committee, established according to section 124D.78, and the Indian advisory
committee at the postsecondary institution. The joint application shall set forth:
(1) the in-kind, coordination, and mentorship services to be provided by the postsecondary
institution; and
(2) the coordination and mentorship services to be provided by the school district.
    Subd. 3. Review and comment. The commissioner must submit the joint application to the
American Indian Education Committee for review and comment.
    Subd. 4. Grant amount. The commissioner may award a joint grant in the amount it
determines to be appropriate. The grant shall include money for the postsecondary 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 postsecondary 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 124D.84, 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 commissioner. 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 122A.40 or 122A.41, 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 124D.83;
(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
commissioner of education and the recipients of the joint grant that originally authorized the loan.
Upon approval by the commissioner and the joint grant recipients, payments shall be deferred.
The Minnesota Office of Higher Education shall approve the loan forgiveness program, loan
deferral, and procedures to administer the program.
    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 commissioner of education and shall be used to enable
Indian students to participate in the program.
History: 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; 1998 c 397 art 8 s 87-89,101; art 11 s 3; 1998 c 398 art 5 s 55; 2003 c 130 s 12;
1Sp2003 c 9 art 2 s 11; 2005 c 107 art 2 s 60

122A.64 [Repealed, 1Sp2003 c 9 art 2 s 56]

122A.65 [Repealed, 1Sp2003 c 9 art 2 s 56]

122A.66 TEACHER TRAINING; EFFECTS OF DRUGS AND ALCOHOL.
All educational institutions providing teacher education must offer a program in the personal
use and misuse of and dependency on tobacco, alcohol, drugs and other chemicals. Every student
attending educational institutions in preparation for teaching service shall be required to take and
to satisfactorily complete a program under this section.
History: Ex1959 c 71 art 7 s 5; 1971 c 892 s 12; 1998 c 397 art 9 s 3,26

122A.68 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 must pay a teaching resident a salary
equal to 90 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 must 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 122A.40, subdivision 5, or section 122A.41,
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 must
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. The Board of Teaching must
develop for teachers of students in prekindergarten through grade 12, model teaching residency
outcomes and assessments, and mentoring programs.
History: 1993 c 224 art 7 s 20; 1994 c 647 art 7 s 6-8; 1998 c 397 art 8 s 74-76,101; art
11 s 3; 2000 c 489 art 2 s 2

122A.69 PRACTICE OR STUDENT TEACHERS.
The board may, by agreements with teacher preparing institutions, arrange for classroom
experience in the district for practice or student teachers who have completed not less than two
years of an approved teacher education program. Such practice teachers must be provided with
appropriate supervision by a fully qualified teacher under rules promulgated by the board. Practice
teachers are deemed employees of the school district in which they are rendering services for
purposes of workers' compensation; liability insurance, if provided for other district employees
in accordance with section 123B.23; and legal counsel in accordance with the provisions of
section 123B.25.
History: Ex1959 c 71 art 4 s 17; 1961 c 225 s 1; 1967 c 173 s 2; 1969 c 21 s 1; 1969 c 104
s 1; 1973 c 491 s 1; 1975 c 359 s 23; 1978 c 616 s 5; 1979 c 334 art 6 s 9; 1980 c 609 art 6 s
16; 1981 c 194 s 1; 1981 c 358 art 7 s 22; 1982 c 548 art 6 s 4; 1986 c 444; 1987 c 309 s 24;
1987 c 398 art 7 s 20; 1988 c 626 s 1; 1988 c 668 s 2; 1988 c 718 art 7 s 21; 1991 c 265 art 6
s 22; art 9 s 36; 1992 c 499 art 12 s 8; 1993 c 224 art 12 s 16; art 13 s 17; 1994 c 647 art 6 s
11-13; 1Sp1995 c 3 art 9 s 20; art 16 s 13; 1996 c 412 art 3 s 10; art 6 s 1; 1Sp1997 c 4 art 6 s 7;
art 7 s 4; 1998 c 397 art 1 s 54; art 3 s 53; art 5 s 88-90; art 6 s 62-68; art 8 s 1,2,101; art 11
s 3; 1998 c 398 art 6 s 17

122A.695 BEST PRACTICES.
"Best practices" means research-based proven practices.
History: 1Sp2001 c 6 art 2 s 17

122A.70 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. Applications. The Board of Teaching must 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, must 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 must encourage the
selected sites to consider the use of its assessment procedures.
    Subd. 3. 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. 4. Additional funding. Applicants are required to seek additional funding and
assistance from sources such as school districts, postsecondary institutions, foundations, and the
private sector.
    Subd. 5. 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.
History: 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; 1998 c 397 art 8 s 77,101

122A.71 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 must 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.
History: 1987 c 398 art 8 s 12; 1998 c 397 art 8 s 73,101

122A.72 TEACHER CENTERS.
    Subdivision 1. Teacher defined. For the purposes of this section, "teacher" has the meaning
given it in section 179A.03, subdivision 18.
    Subd. 2. Establishment. A teacher center may be established by one or more school boards
and the exclusive representatives of the teachers. The teacher center shall serve at least ten
districts or 3,000 teachers.
    Subd. 3. Policy board membership. Representatives of exclusive representatives and
representatives of the school boards shall mutually determine the composition of the policy
board according to the guidelines in this subdivision. A majority of the policy board must be
teachers. The number of policy board members from each participating district must be in
proportion to the number of teachers in each district. The board shall be composed of elementary
teachers, secondary teachers, and other teachers, parents, and representatives of school boards,
postsecondary education, business, and labor. At least one teacher from each participating district
shall be a member of the board.
    Subd. 4. Policy board powers and duties. The policy board shall develop policy, designate
a fiscal agent, adopt a budget, expend funds to accomplish the purposes of the center, contract for
technical and other assistance, and perform other managerial or supervisory activities consistent
with the rules of the commissioner of education. The policy board may employ staff or contract
with consultants for services.
    Subd. 5. Center functions. A teacher center shall perform functions according to this
subdivision. The center shall assist teachers, diagnose learning needs, experiment with the use
of multiple instructional approaches, assess pupil outcomes, assess staff development needs
and plans, and teach school personnel about effective pedagogical approaches. The center
shall develop and produce curricula and curricular materials designed to meet the educational
needs of pupils being served, by applying educational research and new and improved methods,
practices, and techniques. The center shall provide programs to improve the skills of teachers to
meet the special educational needs of pupils. The center shall provide programs to familiarize
teachers with developments in curriculum formulation and educational research, including how
research can be used to improve teaching skills. The center shall facilitate sharing of resources,
ideas, methods, and approaches directly related to classroom instruction and improve teachers'
familiarity with current teaching materials and products for use in their classrooms. The center
shall provide in-service programs.
History: 1989 c 329 art 11 s 11; 1998 c 397 art 8 s 5,101; 1998 c 398 art 5 s 55; 2003
c 130 s 12

122A.74 PRINCIPALS' LEADERSHIP INSTITUTE.
    Subdivision 1. Establishment. (a) The commissioner of education may contract with the
regents of the University of Minnesota to establish a Principals' Leadership Institute to provide
professional development to school principals by:
(1) creating a network of leaders in the educational and business communities to
communicate current and future trends in leadership techniques;
(2) helping to create a vision for the school that is aligned with the community and district
priorities; and
(3) developing strategies to retain highly qualified teachers.
(b) The University of Minnesota must cooperate with participating members of the business
community to provide funding and content for the institute.
(c) Participants must agree to attend the Principals' Leadership Institute for four weeks
during the academic summer.
(d) The Principals' Leadership Institute must incorporate program elements offered
by leadership programs at the University of Minnesota and program elements used by the
participating members of the business community to enhance leadership within their businesses.
    Subd. 2. Method of selection and requirements. (a) The board of each school district in the
state may select a principal, upon the recommendation of the district's superintendent and based
on the principal's leadership potential, to attend the institute.
(b) The school board shall forward its list of recommended participants to the commissioner
of education by February 1 each year. In addition, a principal may submit an application directly
to the commissioner by February 1. The commissioner of education shall notify the school board,
the principal candidates, and the University of Minnesota of the principals selected to participate
in the Principals' Leadership Institute each year.
History: 1Sp2005 c 5 art 2 s 48

122A.75 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 education 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 Education, 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.
History: 1987 c 398 art 8 s 14; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 8 s 101; 2003
c 130 s 12

INTERSTATE AGREEMENT

122A.90 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.
History: 1969 c 20 s 1; 1998 c 397 art 8 s 101

122A.91 DESIGNATED STATE OFFICIAL.
For the purposes of the agreement set forth in section 122A.90, the designated state official
for this state is the commissioner of education.
History: 1969 c 20 s 2; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 8 s 78,101; art 11 s 3;
2003 c 130 s 12

122A.92 RECORD OF CONTRACTS.
Two copies of all contracts made on behalf of this state pursuant to the agreement set forth in
section 122A.90 must be kept on file in the office of the commissioner of education.
History: 1969 c 20 s 3; 1Sp1995 c 3 art 16 s 13; 1998 c 397 art 8 s 79,101; art 11 s 3;
2003 c 130 s 12