2006 Minnesota Statutes

124D.75 LICENSES FOR AMERICAN INDIAN LANGUAGE AND CULTURE
EDUCATION TEACHERS; EXEMPTIONS.
    Subdivision 1. American Indian language and culture education licenses. The Board of
Teaching must grant initial and continuing teaching licenses in American Indian language and
culture education that bear the same duration as other initial and continuing licenses. The board
must grant licenses to persons who present satisfactory evidence that they:
(1) possess competence in an American Indian language or possess unique qualifications
relative to or knowledge and understanding of American Indian history and culture; or
(2) possess a bachelor's degree or other academic degree approved by the board or meet such
requirements as to course of study and training as the board may prescribe, or possess such
relevant experience as the board may prescribe.
This evidence may be presented by affidavits, resolutions, or by such other methods as the
board may prescribe. Individuals may present applications for licensure on their own behalf or
these applications may be submitted by the superintendent or other authorized official of a school
district, participating school, or an American Indian school.
    Subd. 2. Persons holding general teaching licenses. A person holding a general teaching
license who presents the board with satisfactory evidence of competence in an American Indian
language, or knowledge and understanding of American Indian history and culture may be
licensed under this section.
    Subd. 3. Resolution or letter. All persons applying for a license under this section must
submit to the board a resolution or letter of support signed by an American Indian tribal
government or its designee. All persons holding a license under this section on July 1, 1995, must
have on file or file with the board a resolution or letter of support signed by a tribal government or
its designee by January 1, 1996, or the next renewal date of the license thereafter.
    Subd. 4. Employment of teachers. Teachers employed in an American Indian language and
culture education program pursuant to sections 124D.71 to 124D.82 shall not be employed to
replace any presently employed teacher who otherwise would not be replaced.
    Subd. 5. Teacher preparation programs. For the purpose of licensing American Indian
language and culture education teachers, the board may approve programs at colleges or
universities designed for their training subject to the approval of the commissioner of education.
    Subd. 6. Persons eligible for employment; exemptions. Any person licensed under this
section shall be eligible for employment by a school board or a participating school as a teacher
in an American Indian education program in which the American Indian language or culture in
which the person is licensed is taught. A school district or participating school may prescribe
only those additional qualifications for teachers licensed under this section as are approved by the
Board of Teaching. Any school board or participating school upon request may be exempted from
the licensure requirements of this section in the hiring of one or more American Indian language
and culture education teachers for any school year in which compliance would, in the opinion of
the commissioner, create a hardship in the securing of the teachers.
    Subd. 7. Persons serving under exemptions; licensure; tenure. An American Indian
language and culture education teacher serving under an exemption as provided in subdivision 6
shall be granted a license as soon as that teacher achieves the qualifications for the license. Not
more than one year of service by an American Indian language and culture education teacher
under an exemption shall be credited to the teacher for the purposes of section 122A.40 and
not more than two years shall be credited for the purposes of section 122A.41; and the one or
two years shall be deemed to precede immediately and be consecutive with the year in which a
teacher becomes licensed.
    Subd. 8. Compensation. A teacher holding a license or exemption under this section
shall be compensated according to a schedule which is at least equivalent to that applicable to
teachers holding general licenses.
    Subd. 9. Affirmative efforts in hiring. In hiring for all positions in these programs, school
districts and participating schools shall give preference to and make affirmative efforts to seek,
recruit, and employ persons who share the culture of the American Indian children who are
enrolled in the program. The district or participating school shall provide procedures for the
involvement of the parent advisory committees in designing the procedures for the recruitment,
screening and selection of applicants. This subdivision shall not be construed to limit the school
board's authority to hire and discharge personnel.
History: 1977 c 312 s 5; 1986 c 444; 1988 c 718 art 3 s 8; 1Sp1995 c 3 art 3 s 9; art 16
s 13; 1998 c 397 art 2 s 143-146,164; art 11 s 3; 1998 c 398 art 5 s 55; 1Sp2001 c 6 art 2 s
39; 2003 c 130 s 12