piers109uk/MN-Statutes huggingface dataset:
123A.74 OBLIGATIONS UPON DISTRICT REORGANIZATION.
If a district has a capital loan outstanding at the time of reorganization according to section 123A.46, 123A.48, or sections 123A.35 to 123A.43, and if the plan for reorganization provides for payment of all or a portion of the capital loan obligation by the newly created or enlarged district or makes no provision for payment, all of the taxable property in the newly created or enlarged district is taxable for the payment to the extent stated in the plan. Notwithstanding any contract to the contrary, if all of the taxable property in the newly created or enlarged district is taxable for the payment of the capital loan and until the capital loan is retired or canceled, the maximum effort debt service levy must be recalculated annually by the department to be equal to the required debt service levy plus an additional amount. The additional amount must be the greater of:
(i) zero, or
(ii) the maximum effort debt service levy of the preexisting district minus the required debt service levy of the preexisting district that received the capital loan.
For the purpose of the recalculation, additional bond issues after the date of the reorganization shall not impact the maximum effort debt service levy or the required debt service levy.
Notwithstanding any contract to the contrary, the plan for reorganization may specify that the obligation for a capital loan remains solely with the preexisting district that incurred the obligation. This subdivision does not relieve any property from any tax liability for payment of any capital loan obligation.
If a district has an energy loan outstanding at the time of reorganization according to section 123A.46, 123A.48, or sections 123A.35 to 123A.43, and if the plan for reorganization provides for payment of all or a portion of the energy loan obligation by the newly created or enlarged district or makes no provision for payment, all of the taxable property in the newly created or enlarged district is taxable for the payment.
Notwithstanding any contract to the contrary, the plan for reorganization may specify that the obligation for an energy loan remains solely with the preexisting district that incurred the obligation. This subdivision does not relieve any property from any tax liability for payment of any energy loan obligation.
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.
123A.76 EXPENSES OF TRANSITION.
The board of a district to which a dissolved district is attached pursuant to section 123A.46, may, for the purpose of paying the expenses of negotiations and other administrative expenses relating to the transition, enter into agreements with banks or any person to take its orders at any rate of interest not to exceed seven percent per annum. These orders shall be paid by the treasurer of the district from district funds after the effective date of the dissolution and attachment. Notwithstanding the provisions of sections 124D.22, 126C.40 to 126C.45, and 126C.48, the district may, in the year the dissolution and attachment becomes effective, levy an amount equal to the amount of the orders issued pursuant to this subdivision and the interest on these orders. No district shall issue orders for funds or make a levy pursuant to this subdivision without the commissioner's approval of the expenses to be paid with the funds from the orders and levy.
123A.79 MEETINGS OF JOINT POWERS BOARD.
(a) Notwithstanding any law to the contrary, a joint powers board established under section 123A.443 or 123A.78, and the board of each of its member districts may hold meetings at a facility operated by the joint powers board.
(b) The joint powers board shall establish and maintain a schedule of the time and place of its meetings and shall give notice of regular and special meetings as required under chapter 13D.
124D.36 CITATION; SERVEMINNESOTA INNOVATION ACT.
Sections 124D.37 to 124D.45 shall be cited as the "ServeMinnesota Innovation Act."
124D.37 PURPOSE OF SERVEMINNESOTA INNOVATION ACT.
The purposes of sections 124D.37 to 124D.45 are to:
(1) renew the ethic of civic responsibility in Minnesota;
(2) empower youth to improve their life opportunities through literacy, job placement, and other essential skills;
(3) empower government to meet its responsibility to prepare young people to be contributing members of society;
(4) help meet human, educational, environmental, and public safety needs, particularly those needs relating to poverty;
(5) prepare a citizenry that is academically competent, ready for work, and socially responsible;
(6) demonstrate the connection between youth and community service, community service and education, and education and meaningful opportunities in the business community;
(7) demonstrate the connection between providing opportunities for at-risk youth and reducing crime rates and the social costs of troubled youth;
(8) create linkages for a comprehensive youth service and learning program in Minnesota including school age programs, higher education programs, youth work programs, and service corps programs; and
(9) coordinate federal and state activities that advance the purposes in this section.
124D.38 DEFINITIONS.
The definitions in this section apply to sections 124D.37 to 124D.45.
"Eligible organization" means:
(1) a local unit of government including a statutory or home rule charter city, township, county, or group of two or more contiguous counties;
(2) an existing nonprofit organization organized under chapter 317A;
(3) an educational institution;
(4) a private industry council;
(5) a state agency; or
(6) a federal agency.
"Federal law" means Public Law 111-13, as amended, or any other federal law or program assisting youth community service, work-based learning, or youth transition from school to work.
[Repealed, 1Sp2011 c 11 art 2 s 51]
[Repealed, 1Sp2011 c 11 art 2 s 51]
[Repealed, 1Sp2011 c 11 art 2 s 51]
"Program" means an activity carried out with assistance provided under sections 124D.37 to 124D.45.
"Project" means an activity that results in a specific identifiable service or product that could not be done from the resources of the eligible organization and that does not duplicate the routine services or functions of the eligible organization.
"Commission" means the Minnesota commission on national and community service established in section 124D.385.
[Repealed, 2000 c 254 s 51]
124D.39 SERVEMINNESOTA INNOVATION PROGRAM.
The ServeMinnesota Innovation program is established to provide funding for the commission to leverage federal and private funding to fulfill the purposes of section 124D.37. The ServeMinnesota Innovation program must supplement existing programs and services. The program must not displace existing programs and services, existing funding of programs or services, or existing employment and employment opportunities. No eligible organization may terminate, layoff, or reduce the hours of work of an employee to place or hire a program participant. No eligible organization may place or hire an individual for a project if an employee is on layoff from the same or a substantially equivalent position.
124D.40 SERVEMINNESOTA INNOVATION GRANTS.
An eligible organization interested in receiving a grant under sections 124D.39 to 124D.44 may prepare and submit an application to the commission. As part of the grant application process, the commission must establish and publish grant application guidelines that are consistent with this subdivision, section 124D.37, and Public Law 111-13; include criteria for reviewing an applicant's cost-benefit analysis; and require grantees to use research-based measures of program outcomes to generate valid and reliable data that are available to the commission for evaluation and public reporting purposes.
The commission must use any state appropriation and any available federal funds, including any grant received under federal law, to award grants to establish programs for ServeMinnesota Innovation. At least one grant each must be available for a metropolitan proposal, a rural proposal, and a statewide proposal. If a portion of the suburban metropolitan area is not included in the metropolitan grant proposal, the statewide grant proposal must incorporate at least one suburban metropolitan area. In awarding grants, the commission may select at least one residential proposal and one nonresidential proposal.
124D.42 READING AND MATH CORPS.
[Repealed, 2004 c 286 s 4]
[Repealed, 2004 c 286 s 4]
[Repealed, 2004 c 286 s 4]
[Repealed, 2004 c 286 s 4]
[Repealed, 2004 c 286 s 4]
The commission must, within available resources:
(1) orient each grantee organization in the nature, philosophy, and purpose of the program;
(2) build an ethic of community service through general community service training; and
(3) provide guidance on integrating programmatic-based measurement into program models.
[Repealed, 2004 c 286 s 4]
(a) A Minnesota reading corps program is established to provide ServeMinnesota AmeriCorps members with a data-based problem-solving model of literacy instruction to use in helping to train local Head Start program providers, other prekindergarten program providers, and staff in schools with students in kindergarten through grade 3 to evaluate and teach early literacy skills, including evidence-based literacy instruction under sections 120B.118 to 120B.124, to children age 3 to grade 3 and interventions for children in kindergarten to grade 3.
(b) Literacy programs under this subdivision must comply with the provisions governing literacy program goals and data use under section 142D.12, subdivision 3, paragraph (b).
(c) Literacy programs under this subdivision must use evidence-based reading instruction and interventions focused on structured literacy. ServeMinnesota must demonstrate to the department that the training AmeriCorps members receive meets or exceeds the requirements of section 120B.124, subdivision 4, for volunteers. Minnesota Reading Corps AmeriCorps members are not required to complete the training under section 120B.24, subdivision 4.
(d) The commission must submit a biennial report to the committees of the legislature with jurisdiction over kindergarten through grade 12 education that records and evaluates program data to determine the efficacy of the programs under this subdivision.
(a) A Minnesota math corps program is established to give ServeMinnesota AmeriCorps members a data-based problem-solving model of mathematics instruction useful for providing elementary and middle school students and their teachers with instructional support to meet state academic standards in mathematics.
(b) The commission must submit a biennial report to the committees of the legislature with jurisdiction over kindergarten through grade 12 education that records and evaluates program data to determine the efficacy of the programs under this subdivision.
124D.44 MATCH REQUIREMENTS.
ServeMinnesota Innovation grant funds must be used for the living allowance, cost of employer taxes under sections 3111 and 3301 of the Internal Revenue Code of 1986, workers' compensation coverage, health benefits, training and evaluation for each program participant, and administrative expenses, which must not exceed seven percent of total program costs. Applicant resources, from sources and in a form determined by the commission, must be used to provide for all other program costs.
124D.45 EVALUATION AND REPORTING REQUIREMENTS.
Each grantee organization shall report to the commission at the time and on the matters requested by the commission.
The commission must report annually to the legislature with interim recommendations to change the program.
[Repealed, 2000 c 254 s 51]
124D.35 YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.
The commissioner shall establish a youth entrepreneurship education program to improve the academic and entrepreneurial skills of students and aid in their transition from school to business creation. The program shall strengthen local economies by creating jobs that enable citizens to remain in their communities and to foster cooperation among educators, economic development professionals, business leaders, and representatives of labor. Assistance under this section shall be available to new or existing student-operated or school-operated businesses that have an educational purpose, and provide service or products for customers or clients who do not attend or work at the sponsoring school. The commissioner may require an equal local match for assistance under this section up to the maximum grant amount of $20,000.
127A.81 EDUCATION COMMISSION.
Legislative members of the Education Commission established in section 127A.80, article III (A), are appointed as follows: One member of the house of representatives appointed by the speaker of the house for a term coinciding with the term of office of the member; one member of the senate appointed by the Committee on Committees for a two-year term. Members of the Education Commission appointed by the governor are appointed for a term which coincides with the term of the appointing governor. Members appointed from the legislature and members appointed by the governor serve until their successors are appointed and qualified.
Vacancies are filled by the appointing power. If the legislature is not in session, vacancies are filled as follows: a vacancy in the office held by a house of representatives member is filled by the last speaker of the house, or if the speaker be not available, by the last chair of the house of representatives Rules Committee; a vacancy in the office held by a senate member is filled by the last senate Committee on Committees or other appointing authority designated by the senate rules in case of a senate vacancy.
Members of the Education Commission serve without compensation for such service but are entitled to be paid their necessary expenses in carrying out their duties.
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 meanings.
122A.04 LICENSE REQUIRED.
Pursuant to section 120A.22, subdivision 10, a teacher must hold a field license or a permission aligned to the content area and scope of the teacher's assignment to provide instruction in a public school, including a charter school.
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.
124D.18 PURPOSE OF COMMUNITY EDUCATION PROGRAMS.
The purpose of sections 124D.18 and 124D.19 is to make maximum use of the public schools of Minnesota by the community and to expand utilization by the school of the human resources of the community, by establishing a community education program.
122A.06 DEFINITIONS.
For the purpose of sections 122A.04 to 122A.093 and 122A.15 to 122A.33, the terms defined in this section have the meanings given them, unless another meaning is clearly indicated.
"Teacher" means a classroom teacher or other similar professional employee required by law to hold a license from the Professional Educator Licensing and Standards Board.
"Board" means the Professional Educator Licensing and Standards Board.
MS 2022 [Repealed, 2023 c 55 art 3 s 12]
A "field," "licensure area," or "subject area" means the content area in which a teacher may become licensed to teach.
"Shortage area" means:
(1) licensure fields and economic development regions reported by the Professional Educator Licensing and Standards Board as experiencing a teacher shortage; and
(2) economic development regions where the aggregate percentage of Indigenous teachers and teachers of color in the region is lower than the aggregate percentage of kindergarten through grade 12 Indigenous students and students of color in that region. Only individuals who close the gap between these percentages qualify as filling a shortage by this definition.
"Teacher preparation program" means a program approved by the Professional Educator Licensing and Standards Board for the purpose of preparing individuals for a specific teacher licensure field in Minnesota.
"Teacher preparation program provider" or "unit" means an entity that has primary responsibility for overseeing and delivering a teacher preparation program. Teacher preparation program providers include institutes of higher education, school districts, charter schools, or nonprofit corporations organized under chapter 317A.
"District" means a school district or charter school.
"Transfer pathway" means an established pathway to licensure between a two-year college or Tribal college, and a board-approved teacher preparation provider.
122A.08 MEETINGS.
The Professional Educator Licensing and Standards Board 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.
The Professional Educator Licensing and Standards Board must have an executive director who is in the unclassified civil service and who is not a member of the board. The executive director must fulfill the duties provided in section 122A.09, subdivision 6. The board must review the performance of the executive director and set the salary of the executive director, not to exceed the limit for a position listed in section 15A.0815, subdivision 2.
122A.093 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.
122A.11 DEFINITIONS.
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.
"Board" means Board of School Administrators.
"Supervisory personnel" means supervisory personnel as defined in section 122A.15, subdivision 2, excluding athletic coaches.
122A.12 BOARD OF SCHOOL ADMINISTRATORS.
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).
(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.
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.
124D.50 SERVICE-LEARNING AND WORK-BASED LEARNING CURRICULUM AND PROGRAMS.
The governor's Workforce Development Board must assist the commissioner in studying how to combine community service activities and service-learning with work-based learning programs.
The commissioner, in consultation with the commission, shall develop a service-learning program curriculum that includes a policy framework and strategies for youth community service and an infrastructure for mentoring youth. The commissioner shall include in the curriculum at least the following:
(1) youth community service strategies that enable young people to make significant contributions to the welfare of their community through such organizations as schools, colleges, government agencies, and community-based organizations or through individual efforts;
(2) mentoring strategies that enable young people to be matched with caring, responsible individuals who can encourage and guide the young people in their personal growth and development;
(3) guidelines, criteria, and procedures for community service programs that incorporate the results of the study in subdivision 1; and
(4) criteria for community service activities and service-learning.
The service-learning curriculum must accommodate students' grade level or the last completed grade level of the participants not currently enrolled in school. Schools must provide at least the following:
(1) for students in grades 7 to 9, an opportunity to learn about service-learning activities and possible occupations;
(2) for students in grade 10, an opportunity to apply for service-learning under section 124D.19 subdivision 10, and youth apprenticeship programs; and
(3) for students in grades 11 and 12 and young people not currently enrolled in school, an opportunity to become involved in community service activities, participate in youth apprenticeship programs, and, depending upon the individual's demonstrated abilities, complete high school or pursue postsecondary coursework.
(a) The Minnesota Commission on National and Community Service in cooperation with the governor's Workforce Development Board, the commissioner and the Minnesota Office of Higher Education, shall provide for those participants who successfully complete youth community service under sections 124D.39 to 124D.44, the following:
(1) for those who have a high school diploma or its equivalent, an opportunity to participate in a youth apprenticeship program at a community or technical college; and
(2) for those who are postsecondary students, an opportunity to participate in an educational program that supplements postsecondary courses leading to a degree or a statewide credential of academic and occupational proficiency.
(b) The governor's Workforce Development Board, in cooperation with the Board of Trustees of the Minnesota State Colleges and Universities, must establish a mechanism to transfer credit earned in a youth apprenticeship program between the technical colleges and other postsecondary institutions offering applied associate degrees.
122A.13 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.
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 Professional Educator Licensing and Standards Board. If the board hires an executive secretary, the person is in the unclassified service.
123A.16 EDUCATION DISTRICT BOARD.
The education district board shall be composed of at least one representative appointed by the school board or governing board of each member. Each representative must be a member of the appointing school or governing board. Each representative shall serve at the pleasure of the appointing board and may be recalled by a majority vote of the appointing board. Each representative shall serve for the term that is specified in the agreement. The board shall select its officers from among its members and shall determine the terms of the officers. The board shall adopt bylaws for the conduct of its business. The board may conduct public meetings via interactive television if the board complies with chapter 13D in each location where board members are present.
The education district board may appoint, with the approval of the member postsecondary institution, a representative from one or more member postsecondary institutions as a member of the education district board. Each postsecondary representative shall serve at the pleasure of the education district board and may be recalled by a majority vote of the education district board. The education district agreement may specify issues on which a postsecondary representative may vote.
122A.15 TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, DEFINITIONS, LICENSURE.
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, school counselors, school psychologists, school nurses, school social workers, audio-visual directors and coordinators, recreation personnel, media generalists, media supervisors, and school speech-language pathologists. This definition does not apply to sections 122A.05 to 122A.093.
"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.
122A.16 QUALIFIED TEACHER DEFINED.
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.
123B.76 EXPENDITURES; REPORTING.
District expenditures must be recognized and reported on the district books of account in accordance with this section.
Fiscal year-end recognition of expenditures and the related offsetting liabilities must be recorded in each fund in accordance with the uniform financial accounting and reporting standards for Minnesota school districts. Encumbrances outstanding at the end of the fiscal year do not constitute expenditures or liabilities.
Deviations from the principles set forth in this subdivision must be evaluated and explained in footnotes to audited financial statements.
Expenditures for any legal purpose of the district not accounted for elsewhere must be accounted for in the general fund.
(a) For the purposes of this section, "building" means education site as defined in section 123B.04, subdivision 1.
(b) Each district shall maintain separate accounts to identify general fund expenditures for each building. All expenditures for regular instruction, secondary vocational instruction, and school administration must be reported to the department separately for each building. All expenditures for special education instruction, instructional support services, and pupil support services provided within a specific building must be reported to the department separately for each building. Salary expenditures reported by building must reflect actual salaries for staff at the building and must not be based on districtwide averages. All other general fund expenditures may be reported by building or on a districtwide basis.
(c) The department must annually report information showing school district general fund expenditures per pupil by program category for each building and estimated school district general fund revenue generated by pupils attending each building on its website. For purposes of this report:
(1) expenditures not reported by building shall be allocated among buildings on a uniform per pupil basis;
(2) basic skills revenue shall be allocated according to section 126C.10, subdivision 4;
(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated according to section 126C.10, subdivisions 7 and 8;
(4) alternative teacher compensation revenue shall be allocated according to section 122A.415, subdivision 1;
(5) other general education revenue shall be allocated on a uniform per pupil unit basis;
(6) state and federal special education aid and Title I aid shall be allocated in proportion to district expenditures for these programs by building; and
(7) other general fund revenues shall be allocated on a uniform per pupil basis, except that the department may allocate other revenues attributable to specific buildings directly to those buildings.
122A.17 VALIDITY OF CERTIFICATES OR LICENSES.
A rule adopted by the Board of Teaching or the Professional Educator Licensing and Standards Board 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.
123B.78 CASH FLOW; SCHOOL DISTRICT REVENUES; BORROWING FOR CURRENT OPERATING COSTS; CAPITAL EXPENDITURE DEFICITS.
The commissioner of management and budget shall remit all payments of state aids to districts in conformance with the dates provided by law or, when not so provided, with a schedule of aid payments to be established by the commissioner of education in consultation with other affected state agencies.
The auditors or finance officers of Minnesota counties shall remit all payments of taxes to the districts in conformance with the provisions of section 276.11. Districts which have need for tax remittance advances may secure them from the counties by making formal requests in conformance with section 276.11.
Minnesota school districts may issue tax and aid anticipation certificates in conformance with the provisions of sections 126C.50 to 126C.56, with the additional provision that the proceeds of such borrowing or any other method of borrowing shall be recorded as liabilities of funds for which the taxes were levied, or for which the aids are receivable. Nothing in this subdivision provides authority for borrowing against the tax levies and aids of one district fund for the purpose of increasing the available cash balance of another fund.
Unless otherwise provided by law, a district must not, for the purpose of increasing the available cash balance of another fund, borrow or transfer funds from the building construction fund, debt redemption fund, trust and agency fund, or from any sinking fund for outstanding bonds issued for any purpose. However, if the contemplated use for which funds were originally placed in the building construction fund or a sinking fund is afterwards abandoned or if a balance remains after the use is accomplished, a district may devote these funds as provided in section 475.65. For the purpose of insuring fund integrity, on determining that a district is in violation of this subdivision or section 123B.75, the commissioner shall require that such district maintain separate bank accounts for building construction funds, debt redemption funds, trust and agency funds, and sinking funds for outstanding bonds. Nothing in this subdivision shall be construed to prohibit the use of common bank accounts for other funds unless prohibited by law.
Upon approval by the commissioner, a district may incur a deficit in the reserve for operating capital account for a period not to exceed three years to provide money for capital projects. The commissioner shall approve a description of the project and a financial plan to recover the deficit prior to the initiation of the project.
123A.25 COOPERATIVE UNIT; INSURANCE POOLS.
Any cooperative unit defined in section 123A.24, subdivision 2, that directly manages a health insurance pool or provides health insurance coverage through an insurance pool as a service to members must create a labor-management committee representative of the groups covered by the pool to advise the governmental unit on management matters of the coverage.
122A.184 TIER 4 LICENSE.
The Professional Educator Licensing and Standards Board must issue a Tier 4 license to an applicant who provides information sufficient to demonstrate all of the following:
(1) the applicant meets all requirements for a Tier 3 license under section 122A.183, and: (i) has completed a teacher preparation program under section 122A.183, subdivision 2, clause (1) or (2); (ii) obtained licensure through the licensure via portfolio process under section 122A.183, subdivision 2, clause (3); or (iii) holds national board certification from the National Board for Professional Teaching Standards;
(2) the applicant has at least three years of field-specific teaching experience as a teacher of record;
(3) the applicant has obtained a passing score on all required licensure exams under section 122A.185; and
(4) if the applicant previously held a Tier 3 license under section 122A.183, the applicant has completed the renewal requirements in section 122A.187.
The Professional Educator Licensing and Standards Board must issue an initial Tier 4 license for a term of five years. A Tier 4 license may be renewed every five years without limitation.
A teacher holding a Tier 4 license must participate in the employing district or charter school's mentorship and evaluation program, including an individual growth and development plan.
A five-year license issued by the commissioner of education before July 1, 2018, must be treated as a Tier 4 license established under this section and section 122A.18. An expired five-year license issued by the commissioner of education before July 1, 2018, fulfills the requirements of subdivision 1 for purposes of future licensure by the Professional Educator Licensing and Standards Board.
122A.185 TEACHER LICENSURE ASSESSMENT.
(a) The board must adopt rules requiring applicants for Tier 3 and Tier 4 licenses to pass an examination or performance assessment of general pedagogical knowledge and examinations or assessments of licensure field specific content. An applicant is exempt from the examination requirements if the applicant:
(1) completed a board-approved teacher preparation program;
(2) completed licensure via portfolio pursuant to section 122A.18, subdivision 10, and the portfolio has been recommended;
(3) obtained national board certification from the National Board for Professional Teaching Standards; or
(4) completed a state-approved teacher preparation program in another state and passed licensure examinations in that state, if applicable. The content examination requirement does not apply if no relevant content exam exists.
(b) All testing centers in the state must provide monthly opportunities for untimed content and pedagogy examinations. These opportunities must be advertised on the test registration website. The board must require the exam vendor to provide other equitable opportunities to pass exams, including: (1) waiving testing fees for test takers who qualify for federal grants; (2) providing free, multiple, full-length practice tests for each exam and free, comprehensive study guides on the test registration website; (3) making content and pedagogy exams available in languages other than English for teachers seeking licensure to teach in language immersion programs; and (4) providing free, detailed exam results analysis by test objective to assist applicants who do not pass an exam in identifying areas for improvement. Any applicant who has not passed a required exam after two attempts must be allowed to retake the exam, including new versions of the exam, without being charged an additional fee.
The board must establish passing scores in all examinations required for licensure.
The board and the entity administering the content and pedagogy examinations must allow any individual who produces documentation of a disability in the form of an evaluation, 504 plan, or individual education program (IEP) to receive the same testing accommodations on the content and pedagogy examinations that the applicant received during the applicant's secondary or postsecondary education.
MS 2023 Supp [Repealed, 2024 c 109 art 3 s 20]
122A.188 LICENSURE DENIAL; APPEAL.
(a) The Professional Educator Licensing and Standards Board must inform an applicant within 30 days of receiving a completed application whether the applicant's application for an initial teaching license or renewal of license has been approved or denied. A completed application must include all supporting information and the results of the background check or conduct determination by the board. When an application is denied, the notification letter must inform the applicant of the process for seeking review of the denial and of the appeals process provided in this section, including all deadlines for seeking review of the denial decision and filing an appeal. The notification letter must identify each licensure requirement the applicant failed to meet.
(b) For purposes of this section, "denial" means denial of an initial license or a denial of a renewal license. Denial of an initial license includes a grant of a license that is a lower tier than the applicant applied for and denial of application for an additional field of licensure.
An applicant whose license application is denied may seek review of the denial by submitting a letter to the Professional Educator Licensing and Standards Board within 30 calendar days of receipt of the denial letter. The applicant may include any documentation necessary to demonstrate that the applicant meets the licensure requirements. The board must review the denial within 60 calendar days of receipt of the letter seeking review. If the board affirms the denial, the board must send the applicant a letter identifying each licensure requirement the applicant failed to meet and informing the applicant of the appeal process provided under this section.
An applicant whose application for license or license renewal has been denied under subdivisions 1 and 2 may appeal the decision by filing a written request with the Professional Educator Licensing and Standards Board within 30 days of notice that the board has affirmed the denial of license. The board must then initiate a contested case under the Administrative Procedure Act, sections 14.001 to 14.69.
123B.82 REORGANIZATION OPERATING DEBT.
The "reorganization operating debt" of a school district means the net negative unreserved fund balances in all school district funds, other than building construction, debt redemption, and trust and agency, calculated in accordance with the uniform financial accounting and reporting standards for Minnesota school districts as of:
(1) June 30 of the fiscal year before the first year that a district receives revenue according to section 123A.39, subdivision 3; or
(2) June 30 of the fiscal year before the effective date of reorganization according to section 123A.46 or 123A.48.
123B.83 EXPENDITURE LIMITATIONS.
[Repealed, 1Sp2005 c 5 art 1 s 55]
A school district must limit its expenditures so that its net unreserved general fund balance does not constitute statutory operating debt under section 123B.81.
If a district does not limit its expenditures in accordance with this section, the commissioner may so notify the appropriate committees of the legislature by no later than February 15 of the year following the end of that fiscal year.
(a) If the net negative unreserved general fund balance, calculated in accordance with the uniform financial accounting and reporting standards for Minnesota school districts, as of June 30 each year, is more than 2-1/2 percent of the year's expenditure amount, the district must, prior to January 31 of the next fiscal year, submit a special operating plan to reduce the district's deficit expenditures to the commissioner for approval. The commissioner may also require the district to provide evidence that the district meets and will continue to meet all high school graduation requirements.
Notwithstanding any other law to the contrary, a district submitting a special operating plan to the commissioner under this clause which is disapproved by the commissioner must not receive any aid pursuant to chapters 120B, 122A, 123A, 123B, 124D, 125A, 126C, and 127A until a special operating plan of the district is so approved.
(b) A district must receive aids pending the approval of its special operating plan under paragraph (a). A district which complies with its approved operating plan must receive aids as long as the district continues to comply with the approved operating plan.
122A.19 BILINGUAL AND ENGLISH AS A SECOND LANGUAGE TEACHERS; LICENSES.
The Professional Educator Licensing and Standards Board, hereinafter the board, must grant teaching licenses in bilingual education and English as a second language to persons who present satisfactory evidence that they:
(1) possess competence and communicative skills in English and in another language;
(2) 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, consistent with subdivision 4; and
(3) meet all other requirements for a teaching license provided in sections 122A.18 to 122A.184.
The board may license a person who holds a teaching license in any tier under sections 122A.181 to 122A.184, respectively, and who presents the board with satisfactory evidence of competence and communicative skills in a language other than English under this section.
[Repealed, 2014 c 272 art 1 s 18,43]
(a) For the purpose of licensing bilingual and English as a second language teachers, the board may approve teacher preparation programs designed for their training.
(b) Programs that prepare English as a second language teachers must provide instruction in implementing research-based practices designed specifically for English learners. The programs must focus on developing English learners' academic language proficiency in English, including oral academic language, giving English learners meaningful access to the full school curriculum, developing culturally relevant teaching practices appropriate for immigrant students, and providing more intensive instruction and resources to English learners with lower levels of academic English proficiency and varied needs, consistent with section 124D.59, subdivisions 2 and 2a.
Any person licensed under this section is 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 that are approved by the board.
In hiring for all bilingual education program positions, districts must give preference to and make affirmative efforts to seek, recruit, and employ persons who (1) are native speakers of the language which is the medium of instruction in the bilingual education program or share a native language with the majority of their students, and (2) share the culture of the English learners enrolled in the program. The district shall provide procedures for involving the parent advisory committees in designing the procedures for recruiting, screening, and selecting applicants. This section must not be construed to limit the school board's authority to hire and discharge personnel.
127A.18 MANAGEMENT ASSISTANCE TO SCHOOL DISTRICTS.
The department shall provide management assistance if requested by a district. The assistance may include:
(1) developing data and assumptions for the district to use in setting priorities and goals and in considering management and organizational alternatives; and
(2) analyzing and assessing alternative methods of organization and management, including opportunities for coordination and cooperation with other districts, and assessing the relative costs and benefits of the alternatives.
122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.
Each applicant submitting an application to the Professional Educator Licensing and Standards Board to issue, renew, or extend a teaching license, including applications for licensure via portfolio under subdivision 4, must include a processing fee of $57. 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 and deposited in the state treasury. The fees as set by the board are nonrefundable for applicants not qualifying for a license. However, the commissioner of management and budget must refund a fee 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.
MS 2017 Supp [Repealed, 1Sp2017 c 5 art 3 s 36]
[Never Effective, 1Sp2019 c 11 art 10 s 9]
An applicant must pay to the Professional Educator Licensing and Standards Board a $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio submitted subsequently. The Professional Educator Licensing and Standards Board executive secretary must deposit the fee in the education licensure portfolio account in the special revenue fund. The fees are nonrefundable for applicants not qualifying for a license. The Professional Educator Licensing and Standards Board may waive or reduce fees for applicants based on financial need.
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 Professional Educator Licensing and Standards Board website that the person is a qualified teacher, consistent with sections 122A.16 and 122A.44, subdivision 1.
127A.19 FINANCIAL MANAGEMENT ASSISTANCE AND TRAINING TO SCHOOL DISTRICTS AND SCHOOL SITES.
The Department of Education shall make available to school districts and individual school sites assistance and training in financial management. The assistance and training shall be in at least the following areas:
(1) provision of an updated uniform financial and reporting system manual in both hard copy and computerized form which will be applicable to both the school district and to a school site under site-based management;
(2) regularly scheduled training and assistance in accounting and financial operations, and special assistance as requested;
(3) long-term financial planning, including that involved with district reorganization;
(4) district and school level expenditure and revenue budgeting and other fiscal and organizational requirements, including that under site-based management;
(5) assistance with school, district, and regional capital budget planning; and
(6) the development of a model reporting system for school sites for resource use and outcome achievement. The model shall include characteristics about the student population, staffing levels, and achievement results attributable to the instructional and organizational structure of the school site.