STATE OF MINNESOTA
BOARD OF SCHOOL ADMINISTRATORS
REVISED STATEMENT OF NEED AND REASONABLENESS
Proposed Amendments to Rules Governing the Minnesota School Administrators, Minnesota Rules part 3512; Revisor’s ID R-04546
INTRODUCTION
In 2001, the legislature moved jurisdiction for licensed school administrators from the former Minnesota Department of Children, Families and Learning (now called the Department of Education) to the newly created Board of School Administrators. Minnesota Statute 122A.14 specifies a ten-member board appointed by the governor and confirmed by the senate. The board is made up of one superintendent, one high school principal, one elementary principal, one teacher representative, one school board member, one higher education administrator, one higher education faculty member, one director of community education, one director of special education and one member of the public.
122A.14 also specifies the duties of the board. Rules for the board have been promulgated in Minnesota Rule 3512. Rules have not been updated since 2008.
The majority of proposed amendments simply re-format existing language from a passive voice to an active voice. The remaining amendments allow additional flexibility in licensure, strengthen oversight of professional development activities, align procedure with existing rule and upgrade decades-old administrator competencies required in university preparation programs to reflect current practice.
Minnesota Management and Budget reviewed the fiscal impact on local units of government on June 25, 2019 and determined there were none.
RULE-MAKING PARTICIPANTS
These amendments were developed over the past 18 months under the direction of Dr. Gary Prest, Director of Education Policy and Administrative Programs at the University of Minnesota, whom the board employed to lead a work group to review and recommend changes in Minnesota Rule 3512. The work group membership included:
Bethel University-Craig Paulson and Tracy Reimer
Capella University-Melissa McIntyre and Carol Bertram
Concordia University-Steve O’Connor
Hamline University-Kim Hartung and Sue Ann Gruver
Minnesota State University-Mankato-Jinger Gustafson and Jean Haar
Minnesota State University-Moorhead-Boyd Bradbury and Julie Swaggert
St. Cloud State University-Frances Kayona, Nic Miller, Janine Walker, Kay Worner and David Lund
St. Mary's University-William Bjorum
Southwest Minnesota State University-Sharon Kabes and JoAnne Hinckley
University of Minnesota-Duluth-Charles Rick
University of Minnesota-Gary Prest, Nancy Rajanen, Christine Sonenblum
University of St. Thomas-Sarah Noonan and Lucy Payne
Walden University-Gloria Kumagai
Winona State University-George Morrow and Robert Howman
Board of School Administrators-Anthony Kinkel, Janet Mohr, Karen Millar
Public Educator Licensing and Standards Board-Emily Busta and Debby Odell
Schools for Equity in Education-Brad Lundell
The following educational association members also participated in the review:
Minnesota Association of School Administrators (MASA)
Director Gary Amoroso
Superintendent Nancy Allen Maestro
Superintendent Brian Deitz
Superintendent Steven Unowsky
Superintendent Jay Haugen
Superintendent Christine Oserio
Superintendent Teri Staloch
Minnesota Community Education Association (MCEA)
Director Jackie Johnson
Director Sally Latimer
Director Bob Meyer
Director Bridget Gothberg
Director Dave Mauer
Director Brett Carlson
Director Tim Mauer
Director Wendy Webster
Minnesota Association of Secondary School Principals & Minnesota Elementary School Principals’ Association (MASSP) (MESPA)
Principal Emily Palmer
Principal Karen Keffeler
Principal Joshua Alexander
Principal Beth Anderson
Principal Mark French
Principal Michael Thompson
Principal Rob Bach
Minnesota Administrators of Special Education (MASE)
Melissa Schaller
Lora Arnott
Dan Naidicz
Laura Pingry-Kyle
Simoin Bolin
John Klaber
Minnesota Rural Education Association (MREA)
Fred Nolan
Association of Metropolitan School Districts (AMSD)
Scott Croonquist
Minnesota School Board Association (MSBA)
Kirk Schneidawind
Schools for Equity
Brad Lundell
March 2019 amendments were reviewed by the University Collaborative,
Minnesota’s 14 University preparation programs unanimously voted to approve the proposed amendments. They are:
· Minnesota State University - Mankato
· Minnesota State University - Moorhead
· Southwest Minnesota State University - Marshall
· University of Minnesota - Duluth
· University of Minnesota - Twin Cities
ALTERNATIVE FORMAT
Upon request, this information can be made available in an alternative format, such as large print, braille, or audio. To make a request, contact Dr. Anthony G. Kinkel, Executive Director, Board of School Administrators, Minnesota Department of Education, 1500 Highway 36 W., Roseville, MN 55113, phone (651) 582-8236 and fax (651) 797-1608.
STATUTORY AUTHORITY
In 2001, during the first special session, the legislature passed the Omnibus Education Bill (HF 1) which incorporated the bill creating the Board of School Administrators (BOSA). Article 7, section 3 of the bill transferred authority for licensure from the Dept. of Children, Families, and Learning to the Board of School Administrators (see below):
Sec. 3. Minnesota Statutes 2000, section 122A.18,
subdivision 1, is amended to read:
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 commissioner of children, families, and learning
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 children, families, and learning must be issued
through the licensing section of the department.
[EFFECTIVE DATE.] This section is effective September 1,
2001.
In Article 7, section 4, the legislature extended rule-making authority to the board for expiration and renewal of licenses which were to be done “according to the respective rules… the board of school administrators… adopts.” See below.
Sec. 4. Minnesota Statutes 2000, section 122A.18,
subdivision 4, is amended to read:
Subd. 4. [EXPIRATION AND RENEWAL.] (a) Each license the
department of children, families, and learning issues through
its licensing section must bear the date of issue. Licenses
must expire and be renewed according to the respective rules the
board of teaching, the board of school administrators, or the
commissioner of children, families, and learning 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 commissioner of children,
families, and learning 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.
In Minnesota Statutes 122A.14, the legislature granted specific rule-making authority to the board in:
· Licensure---“The board shall adopt rules to license school administrators under chapter 14.” (Subd 1). Subdivision 1 further specifies that apart from the rules transferred to the board under Minn. Stat. § 122A.187, subd. 1, “the board may not adopt or amend rules under this section until the rules are approved by law.” The meaning of this clause is unclear, but the Board believes that the rules amendments proposed are within the scope of the rules transferred to the board under § 122A.187, subd. 1.
· Preparation Programs---“The board shall review and approve or disapprove preparation programs school administrators and alternative preparation programs for administrators under section 122A.27…”
· Continuing education--- “The board shall adopt rules establishing continuing education requirements that promote continuous improvement and acquisition of new and relevant skills by school administrators.”(Subd. 3)
· 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. 4)
2006 Minn. Laws Ch. 263, art. 2, § 20 grants the board authority to make technical revisions and clarifications to Minnesota Rules, chapter 3512.
The board’s statutory authority to adopt rules concerning variances is set forth in Minnesota Statutes 14.055. Subd. 5, reads, “An agency may adopt rules under section 14.389 establishing general standards for granting mandatory or discretionary variances from its rules. Section 14.389, subdivision 5, applies to these rules. An agency also may grant variances based on standards specified in other law.”
Minnesota Rule 3512.1700 also requires licensure standards for superintendents, principals, and directors to be reviewed every even-numbered year beginning in the year 2008.
In June of 2018, the executive director of the Board of School Administrators met with the chairs of the Education Committees of the Minnesota House of Representatives and of the Minnesota Senate to review the proposed amendments. The legislators reviewed statutory authority, compliance with substantive and procedural requirements, and the need and reasonableness of each section of the rule. After reviewing the proposed amendments, the legislators suggested nine specific modifications to the proposed amendments which the Board of School Administrators adopted.
Using the same provisions in statute, the current Board of School Administrators respectfully presents its amendments to the rule which the board believes is limited to its delegated statutory duties.
REGULATORY ANALYSIS
(1) a description of the classes of persons who probably will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;
· Individuals licensed as administrators will benefit. Repealing the human rights requirement specified in Minnesota Rule 3512.2700 and imbedding it into the new competencies will save administrators trained in Minnesota tuition dollars because they will take one less course. Also, licensure candidates may now count on-line teaching experience toward meeting the three-year classroom teaching requirement. Under current rule, teachers teaching in an on-line teaching environment cannot count this experience thus requiring candidates to pay for an internship of 1,050 hours of supervised classroom duties.
· University preparation programs approved by the Board of School Administrators will see a minor impact. There will be minor costs associated with changing the curriculum to reflect the revised competencies. The costs are minimal due to the revisions coming from the universities themselves.
· Out-of-state administrators seeking a Minnesota licensure will benefit. Out-of-state superintendents and directors of special education will benefit from the rule changes due to the ability to obtain provisional licenses. Also, licensure candidates may now count on-line teaching experience toward meeting the three-year classroom teaching requirement for administrative licensure. Under current rule, on-line teaching experience does not count thus requiring candidates to pay for an internship of 1,050 hours of supervised classroom duties.
· In those rare instances in which school districts have Dean of Students performing administrative duties as defined in Minnesota Statutes 179A.03, subdivision 17, there is a slight increase in costs due to the requirement that those individuals must obtain an administrative license or change their job duties. School districts will see a reduction in costs due to the reduction of notification requirements and the ability to hire internal and out-of-state candidates who do not meet all of the licensure standards but meet the standards of a provisional license which has been extended to superintendents and directors of special education instead of just principals.
· Professional organizations with licensure, i.e., Minnesota Association of Secondary School Principals, Minnesota Association of School Administrators, Minnesota Association of Elementary School Principals, Minnesota Administrators for Special Education, Minnesota Community Education Association, Minnesota School Boards Association, Minnesota Rural Education Association, Association of Metropolitan School Districts, Education Minnesota, will benefit.
(2) the probable costs to the agency and to other agencies of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;
In accordance with Minnesota Statutes 14.127, the board has determined that the cost of complying with the proposed rules in the first year after the rules take effect will not exceed $25,000 for any small business or small city.
In accordance with law, the proposed amendments were sent to both Governor Dayton and Governor Walz’s offices for review and approval.
The Board of School Administrators estimates minimal costs to the proposed amendments. Universities will have minimal costs with the updating of their curriculum to include the new competencies.
The Minnesota Department of Education and PELSB will need minimum staff time to learn the new rules.
(3) a determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule;
The Board of School Administrators convened a University Work Group to study Rule 3512 and find the least intrusive way to modernize the rule to reflect current practices. For 18 months, the Work Group engaged educational stakeholders to help draft amendments which increase flexibility, guard against undue burdens or overly prescriptive language, and to provide simplicity and clarity to reflect current practice. As an example, the amendments propose allowing the board authority to extend a provisional license in unique circumstances.
Administrative licensure is governed by Minnesota Statute 122A.14. Minnesota Rule 3512 outlines the rules associated with the legislatively mandated responsibilities. Based on the recommendations of the Work Group, the Board of School Administrators believes rules are the only way to ensure fair and impartial enforcement of the requirements of Minnesota Statutes 122A.14. The proposed amendments provide the public a clearer understanding of administrative requirements and add additional flexibility for school districts and license holders.
The executive director also consulted with House and Senate legislative leaders to ensure that the board’s proposed amendments were within the board’s delegated authority by the legislature and that the changes reflected the legislature’s desire to safeguard the public through vigorous oversight yet without unnecessary bureaucracy or intrusive methods.
(4) a description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;
The Board of School Administrators considered simply exercising its existing authority to respond to the changing educational environment through its power to grant variances under Minnesota Rule 3512.5300 which allows the board to consider a variance “from any rule or portion of a rule under the jurisdiction of the board of school administrators. The board may not consider a request for a variance from a statute or court order.” However, after hearing testimony from educational interest groups about the need for providing clear and coherent standards in writing rather than case-by-case judgments made by the board during a variance process, the board felt the best way to comply with the statutory parameters and requirements contained in Minnesota Statute 122A.14, was through rule-making.
(5) the probable costs of complying with the proposed rule, including the portion of the total costs that will be borne by identifiable categories of affected parties, such as separate classes of governmental units, businesses, or individuals;
There are no discernible increased costs for any of these entities.
(6) probable costs or consequences of not adopting the proposed rule, including those costs or consequences borne by identifiable categories of affected parties, such as separate classes of governmental units, businesses and individuals;
Failure to adopt these amendments will be a disservice to school districts and to individual administrators who find it difficult to navigate rules that were written in a passive voice and for circumstances that are vastly different from those facing administrators today. Moreover, the proposed amendments contain long-awaited flexibility to help school districts attract and retain skilled administrators who will improve the operations of those districts. Failure to adopt these amendments will also disallow Minnesota’s universities from utilizing competencies reflective of today’s more diverse student body and prevent them from training the next generation of administrators ready to lead schools that are vastly different from the schools when the competencies were last revised.
(7) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need for and reasonableness of each difference; and
Administrative licensure is under the jurisdiction of state government. There are no federal regulations concerning the licensure of state school administrators.
(8) an assessment of the cumulative effect of the rule with other federal and state regulations related to the specific purpose of the rule
The primary objective of these amendments is to streamline and simplify rules governing administrators. The proposed rules also reformat language from a passive voice to an active voice simplifying enforcement. There is little, if any, cumulative effect with these proposed amendments between state and federal regulation simply because the federal government has no jurisdiction in the licensure of state administrators.
PERFORMANCE BASED RULES
The Board of School Administrators administers the licenses of over 3,000 active administrators and over 4,000 inactive administrators. Each year, the board processes the licenses of over 550 new candidates, processes 1,600 requests for professional development, and adjudicates 120 ethical inquiries. The proposed amendments modify outdated and inefficient processes that do not reflect current practice and eliminates obsolete and antiquated regulation which impedes the board’s ability to be flexible enough to respond to needs of the public and school districts. The proposed amendments increase performance by:
v allowing administrators on provisional licenses to extend their licenses an additional year when extenuating circumstances warrant. This will allow school districts to retain continuity in leadership.
v eliminating cumbersome notification requirements when requesting a variance. Burdensome notification requirements have artificially inflated the costs of variances to school districts for years.
v ensuring due process for candidates going through the alternative superintendent licensure process. This change improves the chances of individuals from alternative backgrounds to become licensed and serve the state of Minnesota.
v allowing provisional licenses to be extended to superintendents and directors of special education. This change will improve the performance of school districts by allowing candidates prepared in other states to become eligible for hire in Minnesota.
v allowing a waiver process for those program initiators who failed to receive prior approval for continuing education programs
v allowing an appeals process for those administrators earning continuing education clock hours outside the five-year window
v allowing online teaching experience to count toward meeting the three-year teaching experience requirement for licensure
v allowing experiences as a school psychologist, school social worker, and speech language pathologist to count toward licensure. For superintendent and principal’s licenses, experiences as school counselor may also count toward meeting the teaching requirements. This change will benefit individuals by making these experiences count towards eligibility for licensure and will exponentially expand a number of eligible candidates for school district hiring pools.
ADDITIONAL NOTICE PLAN
Prior to or on the same date that the revised Notice of Intent to Adopt Rules Without a Public Hearing is published in the State Register, the Board of School Administrators will:
1. Electronically provide a copy of the Notice of Intent to Adopt Rules Without a Public Hearing, the SONAR, and the proposed rules to the Board of School Administrators official rule-making list. This list was developed in July of 2019 by sending an email to the 7,000 licensed administrators informing them that the Board is proposing amendments to the rules and that those amendments can be found on the Board’s website. Administrators were asked to respond to the email if they wanted to be included on the Board’s official rule-making list. 81 administrators responded. The Rule-Making List can be found on the board’s web-site at https://bosa.mn.gov/bosa/index.htm and click “Rule-Making List.”
To email the 7,000 licensed administrators, the Board obtained an electronic spreadsheet containing these email addresses from the Professional Educator Licensing and Standards Board. The Board’s two staff members and an intern then copied 150 of the addresses at a time, pasted them into a notice email, and then sent the email. These efforts took several hours of work by staff and the intern to complete.
The Board does not plan to repeat an email to the 7,000 licensed administrators. They have already been notified of the rulemaking and of where to find the rulemaking documents on the Board’s website. Furthermore, there are personnel constraints as the intern who helped with the earlier email is no longer available to conduct another emailing. It would be difficult for the remaining BOSA staff members to timely complete a second emailing due to their current job responsibilities.
2. Maintain the link on the BOSA web-page displaying the proposed rules. The webpage is available at https://bosa.mn.gov/bosa/index.htm then click on “Final Rule 3512.” The proposed amendments have been active on the web-site and available to the general public since April 2019 with the exception of technical difficulties during the week of July 15th.
Prior to or on the same date that the revised Notice of Intent to Adopt Rules Without a Public Hearing is published in the State Register, BOSA will post its revised Notice of Intent to Adopt Rules Without a Public Hearing on its webpage along with the SONAR. The Board also will post the dates of the new comment period on its webpage.
3. Electronically provide notice of the rulemaking and a link to the documents on the Board’s website to the directors of the 14 approved Minnesota university administrator preparation programs and ask them to alert their faculty and students.
4. Electronically provide a copy of the Notice of Intent to Adopt Rules Without a Public Hearing, the SONAR, and the proposed rules to the following professional associations and ask them to distribute to their individual members. These groups represent nearly all of the active licensed administrators and approximately 80% of the inactive licensed administrators. The discrepancy is due to in-active members passing away or disconnecting the email address they listed the last time they obtained a license. Board staff has communicated with these groups and all have agreed to forward this information on to their members. The groups include:
● Minnesota School Board Association (MSBA)
● Education Minnesota
● Association of Metropolitan School Districts (AMSD)
● Minnesota Rural Education Association (MREA)
● Minnesota Association of School Administrators (MASA)
● Minnesota Community Education Association (MCEA)
● Minnesota Administrators of Special Education (MASE)
● Minnesota Elementary School Principals Association (MESPA)
● Minnesota Association of Secondary School Principals (MASSP)
● Minnesota Association of Charter Schools (MACS)
5. Electronically provide a copy of the Notice of Intent to Adopt Rules Without a Public Hearing, the SONAR, and the proposed rules to the Commissioner of the Minnesota Department of Education (MDE), the Commissioner of the Office of Higher Education, and the Executive Director of Professional Educator Licensing and Standards Board.
6. Electronically provide a copy of the Notice of Intent to Adopt Rules Without a Public Hearing, the SONAR, and the proposed rules to the 52 members of the Work Group described below and ask them to forward this information to the organizations that they represent and any other interested parties.
7. Mail the Notice of Intent to Adopt Rules, the SONAR, and the proposed rules to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the Board and to the Legislative Coordinating Commission as required by Minnesota Statutes section 14.116. Because the Board’s rulemaking authority was granted more than two years ago, the Board is not sending this information to the authors of the bill granting rulemaking authority.
The Board will not notify the commissioner of agriculture because the rules do not affect farming operations.
CONSULTATION WITH MMB ON LOCAL GOVERNMENT IMPACT
As required by Minnesota Statutes, section 14.131, the Board of School Administrators consulted with Minnesota Management and Budget (MMB). On August 23, 2019, the board received the Agency’s analysis that there is no impact to local units of government.
DETERMINATION ABOUT RULES REQUIRING LOCAL IMPLEMENTATION
As required by Minnesota Statutes, section 14.128, subdivision 1, the agency has considered whether these proposed rules require a local government to adopt or amend any ordinance or other regulation in order to live with these rules. The agency has determined that they do not because the amendments apply to the administrative license holders. The indirect effect of the proposed amendments is to reduce the costs to local school districts by adding additional flexibility when complying with licensure requirements and reducing the cumbersome process for requesting variances to the rule.
COST OF COMPLYING FOR SMALL BUSINESS
As required by Minnesota Statutes, section 14.127, the Board of School Administrators has considered whether the cost of complying with the proposed rules in the first year after the rules take effect will exceed $25,000 for any small business or small city. The agency has determined that the cost of complying with the proposed rules in the first year after the rules take effect will not exceed $25,000 for any small business or small city.
LIST OF WITNESSES
The Board of School Administrators anticipates the following organizations will wish to have one or more representatives in attendance during the hearing:
· The 14 approved Minnesota university administrator preparation programs
· Minnesota School Board Association
· Education Minnesota
· Minnesota Education Equity Partnership
· Association of Metropolitan School Districts
· Minnesota Rural Education Association
· Minnesota Association of School Administrators
· Minnesota Community Education Association
· Minnesota Administrators of Special Education
· Minnesota Elementary School Principals Association
· Minnesota Association of Secondary School Principals
· Minnesota Association of Charter Schools
· Commissioner of the Minnesota Department of Education (MDE)
· Professional Educator Licensing and Standards Board
The Board of School Administrators anticipates the following class of individuals may wish to be in attendance during the hearing:
· Superintendents
· Principals
· Directors of Special Education
· Directors of Community Education
· Aspiring administrators
· Administrative preparation faculty
· Administrative preparation directors
· Charter School administrators
RULE-BY-RULE ANALYSIS
The board proposes to modernize the rule by changing the verbiage from a passive voice to an active voice. These amendments are technical in nature and contain no substantive language. These amendments are found through-out the rule. Using an active voice rather than a passive voice keeps sentences concise making the meaning of the rule clear for the general public.
The board also proposes the following amendments which address the current demands of the profession:
3512.0100 DEFINITIONS.
The board proposes the following amendments to Subp. 8:
Subp. 8. License definitions.
A. "Professional license" means a two-year initial license or a five-year continuing license issued by the board to a qualified applicant who meets the program requirements and applicable administrative experience requirements for each administrative area in which the applicant seeks licensure.
B. "Initial license" means a two-year professional license issued by the board to a qualified applicant pursuant to part 3512.2100.
C. "Continuing license" means a five-year professional license issued by the board to a qualified applicant pursuant to part 3512.2300.
D. "Provisional license" means a two-year nonrenewable license issued by the board pursuant to part 3512.2050.
The proposed amendment consolidates existing language from 3512.2000, 3512.2100 and 3512.2300 relating to license definitions and places them under this subpart. This change is necessary for aspiring administrative candidates to better understand Minnesota’s licensure terminology.
3512.0200 EDUCATION AND EXPERIENCE REQUIREMENTS FOR SUPERINTENDENT PRINCIPAL, AND DIRECTOR OF SPECIAL EDUCATION
The board proposes the following amendments to Subp. 2:
Subp. 2. Teaching experience.
A. An applicant for licensure as a superintendent or principal, or must have three years of combined experience as any of the following:
(1) a public school classroom teacher (i) teaching in a position that required a state-issued license, and (ii) holding the state-issued license for the position or permission from the licensing agency while holding an educator license;
(2) a nonpublic school teacher teaching in a school that (i) is accredited by an accrediting
agency recognized by the state in which the school is operated, (ii) is directly recognized as a school by the state, or (iii) is a Bureau of Indian Education school; or
(2) a school psychologist, school social worker, speech-language pathologist, or school
counselor working in a school if the person held the appropriate state-issued license at the time of the experience.
B. An applicant for licensure as a director of special education director shall must have three years of successful classroom teaching combined special education experience while holding a classroom teaching license valid for the position or positions in which the experience was gained. For purposes of this subpart, "classroom teaching license" means a license valid to teach granted by the Professional Educator Licensing and Standards Board. as any of the following:
(1)a public school special education classroom teacher (i) teaching in a position that required a state-issued license, and (ii) holding the state-issued license for the position or permission from the licensing agency while holding an educator license;
(2) a nonpublic school special education teacher teaching in a school that (i) is accredited by an accrediting agency recognized by the state in which the school is operated, (ii) is directly recognized as a school by the state, or (iii) is a Bureau of Indian Education school; or
(3) a school psychologist, school social worker, or speech-language pathologist working in a school if the person held the appropriate state-issued license at the time of the experience.
The proposed amendment Subp. 2(A) clarifies the definition of “teaching experience” for those seeking a superintendent or principal’s license. This change allows experiences as a school psychologist, school social worker, speech language pathologist, or a school counselor to apply toward meeting the three-year teaching requirement for licensure. These amendments were recommended by the University Work Group to expand the pool of eligible candidates for superintendent and principal.
Proposed Amendment Subp. 2(B) clarifies the definition of “teaching experience” for those seeking a director of special education license. Experiences as a school psychologist, school social worker, or speech-language pathologist are allowed to count toward meeting the three-year teaching requirement. Unlike the superintendent and principals definition, experiences as a school counselor are not included in allowable experiences for the director of special education license. This is because the Association of Special Education Directors believes experiences as a school counselor does not meet the standard for their profession.
Amendment Subp. 2(B) also narrows the definition of “teaching experience” for directors of special education by limiting the experience to three years of “special education” teaching experience. Current rule which allows both regular classroom and special education classroom experience to count. This change was recommended by the Association of Special Education Directors to ensure candidates had actual work experience with students with special needs. It is reasonable to require administrators working in special education to have experience with special needs students.
These amendments are necessary to ensure common definitions when PELSB staff and the university preparation programs attempt to determine eligibility for administrator licensure. It is reasonable to comply with the requests of the University Work Group and the professional associations and ensure common definitions.
The board proposes to add the following amendment Subp. 2C:
C. For purposes of this subpart, teaching may be in an in-person classroom, hybrid classroom, or online classroom.
This amendment allows teaching experience in a “hybrid” or “online” classroom to count toward meeting the three-year teaching to become an administrator. This modification was recommended by a consortium of online teachers to recognize the growing volume of instruction done in an online environment. This change will allow more teachers to be eligible for administrative licensure. It is reasonable to acknowledge and value the different modalities of teaching and allow for a more diverse pool of administrators.
The board proposes the following amendment to Subp. 3 B:
Subp. 3. K-12 Kindergarten through grade 12 superintendents, principals, and directors of special education.
B. An applicant for licensure as a superintendent or principal must have field experience of complete within 12 continuous months at least 320 hours or 40 eight-hour days to be completed within 12 continuous months in elementary, middle or junior high, and high schools as an administrative aide to a licensed and practicing school principal for principal licensure or a licensed and practicing superintendent for superintendent licensure of field experience in elementary, middle or junior high, and high schools as an administrative intern to a licensed and practicing school principal for principal licensure or a licensed and practicing superintendent for superintendent licensure. The field experience applicant must include complete at least 40 hours or one week of field experience at each school level not represented by the applicant's primary teaching experience.
The amendment changes the field experience requirement from “40 eight-hour days” to “320 hours.” This change was recommended by the University Work Group in recognition that leadership experiences do not always happen during the traditional “eight-hour day.” Moreover, this language provides flexibility when designing field experiences, especially in Greater Minnesota, where candidates may be driving long distances. It is reasonable to comply with the requests of the University Work Group to be more flexible with field experience definitions.
The board proposes the following amendment to Subp. 4:
Subp. 4. Licensed elementary and secondary school principals. To qualify for a kindergarten through grade 12 principal license, a person licensed under this part as an elementary school principal must complete a field experience of at least 200 120 hours in secondary administration to qualify for licensure as a K-12 principal., and a person licensed under this part as a secondary school principal must complete a field experience of at least 200 120 hours in elementary administration. to qualify for licensure as a K-12 principal. In addition to the field experience required in this subpart, an elementary or secondary school principal must meet the requirements in part 3512.0400, subparts 2 and subpart 3.
This amendment refers to candidates already licensed as a secondary or elementary principal. For secondary principals, this change reduces the amount of field experience hours required in an elementary school setting. Vice versa, if the candidate is an elementary principal, this reduces the number of field experience hours in a high school. This change was recommended by the University Work Group.
In 2008, Minnesota eliminated separate licenses for elementary and secondary principals and migrated to a K-12 licensure for principals. This amendment is necessary to help principals licensed under the old system, and those licensed out-of-state, by reducing the number of hours in the area outside their primary license. This language was recommended by the University Work Group to remove a barrier for experienced principles to meet the Minnesota standard. It is reasonable to comply with the requests of the University Work Group to be address current challenges.
The board proposes to repeal Subp. 5.
Subp. 5. [See repealer.]
Subp. 5 was moved to 3512.2050.
The board proposes to the following amendment called Subp. 6:
Subp. 6. Corrections. A license issued in error is not valid. To correct a license issued in error, the board must expunge the license issued in error to the unqualified applicant or correct at no charge the incorrect license issued to the qualified applicant. A person denied an administrative license may appeal the denial under part 3512.1600.
This amendment addresses those rare occasions when staff may issue the wrong license to an applicant. This provision allows the board to correct the license and re-issue it at no cost.
3512.0300 SCHOOL SUPERINTENDENTS, PRINCIPALS, AND DIRECTORS OF SPECIAL EDUCATION.
The board proposes the following amendment to Subp. 1:
Subpart 1. License required. A person who serves as or performs the duties of a superintendent, principal, or director of special education shall must hold a license appropriate to the that position. of school superintendent, principal, or director of special education. Performance of A person must hold the appropriate professional license if 50 percent or more of the person's duties includes duties that provide assistance to involve assisting the superintendent, principal, or director of special education consisting of 50 percent or more in with administration of personnel, employee supervision, employee evaluation, and curriculum implementation, or notwithstanding Minnesota Statutes, section 122A.40, subdivision 8, any of the person's duties including the duties listed in Minnesota Statutes, section 179A.03, subdivision 17.
The board may issue an initial licenses may be issued professional license for each administrative licensure area for which the applicant seeks licensure is sought. An provided the applicant must meet meets requirements for licensure as a superintendent of schools, as a school principal, or as a director of special education.
This amendment clarifies that a school employee performing supervisory duties listed in Minnesota Statutes 179 A.03, subdivision 17, which includes “hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees, direction of work of other employees, or adjustment of other employees’ grievances on behalf of the employer,” must be licensed as an administrator.
Minnesota Statutes 122A.14, Subd. 1 requires the board to “adopt rules to license school administrators.” Since the inception of the Board of School Administrators, there has been a steady growth of quasi-administrative positions. Some positions, such as “Dean of Students,” have administrative responsibilities, including making personnel decisions. Some deans of students have no administrative license. Others are not even licensed as a teacher. In an effort to strengthen this section, the board worked with Minnesota’s professional associations, including the Minnesota School Board Association, to craft an amendment which would protect school employees and the public by ensuring that school employees making decisions defined by Minnesota law as decisions made by “supervisors,” are required to have an administrative license. The board used exiting Minnesota Statute 179A.03, subdivision 17, for its definition of supervisory decisions. Because of the legal and human ramifications of supervisory decisions, especially personnel decisions, the board believes it is reasonable to require school districts to hire appropriately licensed people who have been trained for such responsibilities.
The board proposed to repeal Subp. 5.
Subp. 5. [See repealer.]
Subp. 5 was moved to 3512.2600.
3512.0505 DIRECTORS OF COMMUNITY EDUCATION.
The board proposes the following amendment for Subp. 5:
Subp. 5. Situational observation component. An approved A board-approved licensure program for superintendents, principals, or directors of special education must include a component that requires require a licensure candidate a person to demonstrate mastery of the requirements in subpart 3 program knowledge, skills, and dispositions in part 3512.0510 as part of the exit evaluation. The extent of mastery must be evaluated by placing the candidate in a series of realistic hypothetical problem-solving situations while being observed by a team of at least four persons competent to evaluate the extent of mastery of the requirements in subpart 3. This component must allow the candidate to demonstrate mastery of all the requirements in subpart 3 during a single period of observation. The exit evaluation must focus on knowledge, skills, and dispositions in the competencies for school administrators under part 3512.0510 and may include objective examinations, portfolio reviews, and observations.
This amendment deletes obsolete language specifying the nature of an exit evaluation for directors of community education. The University Work Group recommends this section be amended due to the prescriptive nature of the language. None of the universities are currently conducting exit evaluations this way. The universities believe they have the expertise to design exit evaluations appropriate to their own program without specifying it in the rule. It is reasonable to comply with the requests of the university preparation programs.
The board proposes repealing Subp. 7.
Subp. 7. [See repealer.]
This amendment is needed because the board has determined there is no longer any licensed director of community education still licensed that served during the period of July 1, 1984-July 1, 1990.
The board proposes repealing Subp. 9.
Subp. 9. [See repealer.]
This amendment deletes the “Approval for Exception” process which allows school districts to hire nonlicensed directors of community education. The new rule creates an alternative process found in 3512.5300, Subp.11. This was done based on the recommendation by the Minnesota Community Education Association. The current process was deemed unworkable because it was interpreted that school districts could not hire other candidates if any licensed community education director had applied for the position. Some school districts discarded this rule objecting to being forced to hire licensed directors who had documented performance issues, bad references, or who were not a good fit for the district. It is reasonable to delete unworkable language which hamstrings school districts from hiring the best candidates.
3512.0510 PROGRAM REQUIREMENTS FOR ALL ADMINISTRATIVE LICENSES.
The board proposes the following amendments to Subp. 1 which are competencies required of all administrative licensure candidates:
Subpart 1.Core leadership competencies for Minnesota administrative licenses. A person who serves as a superintendent, principal, director of special education, or director of community education shall must demonstrate competence in the following core areas under this subpart.
A.Leadership by To demonstrate competence in leadership, a superintendent, principal, director of special education, or director of community education must:
(1) demonstrate leadership by collaboratively assessing and improving culture and climate a professional culture of engagement, ethical and equitable practice, and systems perspective;
(2) providing demonstrate leadership by the development of an educational mission for the school or district, which provides purpose and direction for individuals and groups;
(3) modeling demonstrate shared leadership and decision-making strategies and empower and entrust teachers and staff with collective responsibility for meeting the academic, social, behavioral, emotional, and physical needs of each student pursuant to the mission, vision, and core values of the school;
(4) demonstrating an understanding of issues affecting education understand how education is impacted by historical, local, state, national, and international events and issues;
(5) through a visioning process, formulating formulate strategic plans and goals with staff and community to promote the academic success and well-being of each student;
(6) demonstrate setting priorities in the context of stakeholder needs;
(7) serving demonstrate an ability to serve as a spokesperson for the welfare of all learners in a multicultural context to ensure high expectations; and
(8) understanding how education is impacted by local, state, national, and international events; understand the dynamics of change and demonstrate the ability to implement change and educational reform.
(9) demonstrating the ability to facilitate and motivate others; and
(10) demonstrating the ability to implement change or educational reform;
B. To demonstrate competence in organizational management by, a superintendent, principal, director of special education, or director of community education must:
(1) demonstrating demonstrate an understanding of organizational systems, including structural and cultural dynamics;
(2) defining and using define and use processes for gathering, analyzing, managing, and using data to plan and make decisions for program evaluation;
(3) planning and scheduling plan and schedule personal and organizational work, establishing establish procedures to regulate activities and projects, and delegating and empowering delegate and empower others at appropriate levels;
(4) demonstrating demonstrate the ability to analyze need and allocate personnel and material resources;
(5) developing and managing develop and manage budgets and maintaining maintain accurate fiscal records;
(6) demonstrating demonstrate an understanding of facilities development, planning, and management; and
(7) understanding and using understand and use technology as a management tool;.
C. Diversity To demonstrate competence in equity and culturally responsive leadership by, a superintendent, principal, director of special education, or director of community education must demonstrate knowledge and skills to:
(1)demonstrating an understanding and recognition of the significance of diversity, and responding to the needs of diverse learners;
(2)creating and monitoring a positive learning environment for all students;
(3)creating and monitoring a positive working environment for all staff;
(4)promoting sensitivity about diversity throughout the school community; and
(5) demonstrating the ability to adapt educational programming to the needs of diverse constituencies;
(1) ensure that each student is treated fairly, respectfully, and with an understanding of each student's culture and context;
(2) recognize, respect, and employ each student's strengths, diversity, and culture as assets for teaching and learning;
(3) ensure that each student has equitable access to effective teachers, learning opportunities, academic and social support, and other resources necessary for success;
(4) ensure policies and practices are in place that prevent problem behavior, encourage positive behavior, and respond to student behavior not aligned with expectations in a positive, fair, and unbiased manner;
(5) recognize, identify, and address individual and institutional biases;
(6 )promote the preparation of students to live productively in and contribute to a diverse and global society;
(7) address matters of equity and cultural responsiveness in all aspects of leadership; and
(8) ensure policies and practices are in place that address student and staff mental and physical health and trauma.
D. To demonstrate competence in policy and law by, a superintendent, principal, director of special education, or director of community education must:
(1) developing, adjusting, and implementing understand and implement policy to meet local, state, and federal requirements and constitutional provisions, standards, and regulatory applications to promote student success;
(2) recognizing and applying recognize and apply standards of care involving civil and criminal liability for negligence, harassment, and intentional torts; and
(3) demonstrate an understanding of state, federal, and case law, and rules and regulations governing general education, special education, and community education;.
E. To demonstrate competence in political influence and governance by, a superintendent, principal, director of special education, or director of community education must:
(1) exhibiting exhibit an understanding of school districts as a political system systems, including governance models;
(2) demonstrating the ability to involve demonstrate an understanding of involving stakeholders in the development of educational policy;
(3) understanding understand the role and coordination of social agencies and human services to develop productive relationships and engage resources for the school community; and
(4) demonstrating the ability demonstrate an understanding of processes to align constituencies in support of school and district priorities and build coalitions for programmatic and financial support;.
F. To demonstrate competence in communication by, a superintendent, principal, director of special education, or director of community education must:
(1) formulating and carrying out plans for internal and external communications understand the need to develop shared understanding of and commitment to mission, vision, and core values within the school and the community;
(2) demonstrating demonstrate individual and team facilitation skills;
(3) recognizing and applying recognize and apply an understanding of individual and group behavior in normal and stressful all situations;
(4) facilitating teamwork;
(5) (4) demonstrating demonstrate an understanding of conflict resolution and problem-solving strategies relative to communication;
(6) (5) making make presentations that are clear and easy to understand;
(7) (6) responding, reviewing, and summarizing respond to, review, and summarize information for groups;
(8) (7) communicating communicate appropriately,through speaking, listening, and writing, for different audiences such as, including students, teachers, parents, the community, and other stakeholders; and
(9) (8) understanding and utilizing understand and utilize appropriate communication technology;
G. To demonstrate competence in community relations by, a superintendent, principal, director of special education, or director of community education must:
(1) articulating articulate organizational purpose and advocate publicly for the needs and priorities to the community and media of students, families, and the community;
(2) requesting and responding to community feedback demonstrate the ability to engage the extended community;
(3) demonstrating the ability to build community consensus effectively generate and respond to various forms of communication through media;
(4) relating political initiatives to stakeholders, including parental involvement programs;
(5)identifying and interacting with internal and external publics;
(6)understanding and responding to the news media;
(7) (4) promoting promote a positive image of schools and the school district;
(8) (5) monitoring and addressing monitor and address perceptions about school-community issues; and
(9) (6) demonstrating demonstrate the ability to identify and articulate critical community issues that may impact local education;
H. To demonstrate competence in curriculum planning and development, instruction, and assessment for the success of all learners by, a superintendent, principal, director of special education, or director of community education must:
(1)demonstrating the ability to enhance teaching and learning through curriculum assessment and strategic planning for all learners, including early childhood, elementary, middle and junior high school, high school, special education, gifted and talented, and adult levels;
(2)demonstrating the ability to provide planning and methods to anticipate trends and educational implications;
(3)demonstrating the ability to develop, implement, and monitor procedures to align, sequence, and articulate curriculum and validate curricular procedures;
(4)demonstrating the ability to identify instructional objectives and use valid and reliable performance indicators and evaluative procedures to measure performance outcomes;
(5)appropriately using learning technologies;
(6)demonstrating an understanding of alternative instructional designs, curriculum, behavior management, and assessment accommodations and modifications; and
(7)demonstrating an understanding of the urgency of global competitiveness;
(1) implement state academic standards, a coherent system of culturally responsive curriculum, instruction, and assessment that promotes the mission, vision, and core values of the district to embody high expectations for student learning;
2) develop, assess, and support teachers ‘and staff members’ professional knowledge, skills, and practice through differentiated opportunities and emerging trends for learning and growth, guided by understanding professional and adult learning and development;
(3) apply research and best practices on integrating curriculum, technology, and relevant resources to help all learners achieve at high levels;
(4) understand and assess the implementation of alternative instructional designs, curriculum, positive approaches to behavior management, and assessment accommodations and modifications as appropriate in all programs;
(5) demonstrate the ability to use data from valid assessments that are consistent with knowledge of child learning and development and technical standards of measurement to monitor student progress;
(6) lead and assess instructional practice that is consistent with knowledge of child learning and development, effective pedagogy, and the needs of each student; and
(7) promote instructional practice that is consistent with knowledge of child learning and development, intellectually challenging, authentic to student experiences, recognizes student strengths, and differentiated and personalized.
I. Instructional management for the success of all learners by:
(1)demonstrating an understanding of research of learning and instructional strategies;
(2)describing and applying research and best practices on integrating curriculum and resources to help all learners achieve at high levels;
(3)demonstrating the ability to utilize data for instructional decision making;
(4)demonstrating the ability to design appropriate assessment strategies for measuring learner outcomes;
(5)demonstrating the ability to implement alternative instructional designs, curriculum, behavior management, and assessment accommodations and modifications; and
(6)demonstrating the ability to appropriately use technology to support instruction;
J. I. To demonstrate competence in human resource management by, a superintendent, principal, director of special education, or director of community education must:
(1) demonstrating demonstrate knowledge of effective personnel recruitment, selection, and retention;
(2) demonstrating demonstrate an understanding of staff development to improve the performance of all staff members;
(3) demonstrating demonstrate the ability to select and apply appropriate models for supervision and evaluation;
(4) describing and demonstrating describe and demonstrate the ability to apply the legal requirements for personnel selection, development, retention, and dismissal;
(5) demonstrating demonstrate an understanding of management responsibilities to act in accordance with federal and state constitutional provisions, statutory and case law, regulatory applications toward education, local rules, procedures, and directives governing human resource management;
(6) demonstrating demonstrate an understanding of labor relations and collective bargaining; and
(7) demonstrating demonstrate an understanding of the administration of employee contracts, benefits, and financial accounts.
K. J. To demonstrate competence in values and ethics of leadership by, a superintendent, principal, director of special education, or director of community education must:
(1) demonstrating demonstrate an understanding of the role of education in a democratic society;
(2) demonstrating demonstrate an understanding of and model democratic value systems, ethics, and moral leadership;
(3) demonstrating demonstrate the ability to balance complex community demands in the best interest of learners;
(4) helping help learners grow and develop as caring, informed citizens; and
(5) demonstrating demonstrate an understanding and application of the code of ethics for school administrators under part 3512.5200.
L. K. To demonstrate competence in judgment and problem analysis by, a superintendent, principal, director of special education, or director of community education must:
(1) identifying identify the elements of a problem situation by analyzing relevant information, framing issues, identifying possible causes, and reframing possible solutions;
(2) demonstrating demonstrate adaptability and conceptual flexibility;
(3) assisting others in forming opinions about problems and issues;
(4) (3) reaching reach logical conclusions by making quality, timely decisions based on available information;
(5) (4) identifying and giving identify and give priority to significant issues;
(6) (5) demonstrating demonstrate an understanding of and utilize appropriate technology in problem analysis; and
(7) (6) demonstrating demonstrate an understanding of different leadership and decision-making strategies, including but not limited to collaborative models, and model appropriately their implementation. and
M. L. To demonstrate competence in safety and security by, a superintendent, principal, director of special education, or director of community education must:
(1) demonstrating demonstrate the ability to develop and implement policies and procedures for safe and secure educational environments; and
(2) demonstrate the means to address emergency and crisis situations.
(2)demonstrating the ability to formulate safety and security plans to implement security procedures including an articulated emergency chain of command, safety procedures required by law, law enforcement assistance, communication with the public, and evacuation procedures;
(3) demonstrating the ability to identify areas of vulnerability associated with school buses, buildings, and grounds and formulate a plan to take corrective action;
(4) demonstrating an understanding of procedural predictabilities and plan variations where possible; and
(5) demonstrating the ability to develop plans that connect every student with a school adult, eliminate bullying and profiling, and implement recommended threat assessment procedures.
In 2007, Minnesota became one of only two states in the nation to require administrative candidates to achieve “competencies” to be licensed. Subp. 1 are core leadership competencies are required of all administrative licensure candidates.
The majority of the language in the amendments changes the verbiage to reflect active voice. Amendments that include substantive change are listed below.
Amendment A(3) requires administrators to learn how to empower and entrust teachers and staff to help with the academic, social, behavioral, emotional, physical needs of each student.
Amendment A (8) introduces a new competency on the dynamics of how to implement change and educational reform.
Amendment (C) redefines diversity to ensure that each student is treated fairly, respectfully, and with an understanding of each student’s culture. The amendment requires competence in equity and culturally responsive leadership. The amendment also replaces the current sub-bullets with eight new sub-bullets with an emphasis on positive behavior, prevention, addressing matters of equity and culturally responsiveness, and to focus on staff mental and physical health and trauma.
Amendment (E) strengthens the competency dealing with social agencies and human services by requiring the ability to develop productive relationships and engage resources for the school community.
Amendment (F) strengthens the competencies in communication by requiring the ability to develop shared understanding and commitment to vision, mission, and core values within the school and community.
Amendment (H) replaces the existing competence in curriculum planning and development with new standards in instruction and assessment including implementing the state academic standards, a coherent system of culturally responsive curriculum, understanding and accessing the implementation of alternative instructional designs, and positive approaches to behavioral management.
This section adds a competency on the ability to use data from valid assessments and a new competency on addressing emergency and crisis situations.
These changes were recommended by the University Work Group, representing all 14 university-approved preparation programs, after 18 months of work. These changes are consistent with national accreditation standards. These rule changes are necessary to ensure all approved programs teach the appropriate administrative competencies needed for licensure. It is reasonable to review standards every ten years and update training practices to respond to the changing environment and demographics of Minnesota’s school children. It is reasonable to accept the suggestions by the University Work Group to modernize the global competencies required of all administrators.
The board proposes the following amendments to Subp. 2. These are core competencies for superintendents only.
Subp. 2. Superintendent competencies. A person who serves as a superintendent shall must demonstrate all core competencies described in subpart 1 and competence in the following specific areas under this subpart.
A. To demonstrate competence in policy and law by, a superintendent must:
(1) demonstrating demonstrate an understanding of the role policy plays in school district governance and administration;
(2) demonstrating knowledge of know and apply statutory regulations affecting school board meetings, communications, procedures, and practices; and
(3) demonstrating demonstrate an understanding of the distinct roles and responsibilities of the school board and superintendent.
B. To demonstrate competence in political influence and governance by, a superintendent must:
(1)demonstrating demonstrate an understanding of the role the political process plays in public education and the connection between them;
(2) demonstrating demonstrate an understanding of how to interact with local, state, and federal governments; and
(3) demonstrating demonstrate an understanding of the roles played by other community leaders in the school district.
C. To demonstrate competence in communication by, a superintendent must:
1) demonstrating demonstrate knowledge of cultivating positive relationships between and with school board members; and
(2) demonstrating an understanding of the importance of communication leadership between school district and its community; demonstrate effective skills in communication leadership between the school district and the community, including internal and external constituencies.
D. Organization To demonstrate competence in fiscal management by demonstrating, a superintendent must demonstrate knowledge of factors that affect school finance, including sources of revenue; expenditure classifications; generally acceptable accounting principles; and local, state, and federal finance calculations. And.
E.To demonstrate competence in judgment and problem analysis by demonstrating knowledge of how to, a superintendent must effectively balance varied and competing interests to ensure the mission and vision of the school district is carried forward.
The majority of these amendments change verbiage to reflect active voice. In addition, amendment C(2) adds a competency in communication between the school district and community. The University Work Group recommends adding this competency to reflect the growing demands of superintendents to be skilled in communicating with an increasingly skeptic general public, especially in light of the growing dependence of passing referendums for funding. It is reasonable to accept the recommendations of the approved preparation programs.
The board proposes the following amendments to Subd. 3. These are competencies for principals only.
Subp. 3. Principal competencies. A person who serves as a principal shall must demonstrate all core competencies described in subpart 1 and competence in the following specific areas under this subpart.
A. To demonstrate competence in instructional leadership by, a principal must:
(1) demonstrating the ability to understand and apply schoolwide literacy and numeracy systems; and support teachers and staff in the implementation of state academic standards, coherent systems of culturally responsive curriculum, instruction, and assessment that promote the mission, vision, and core values of the school district to embody high expectations for student learning; and
(2) demonstrating demonstrate the ability to understand and apply districtwide literacy and numeracy systems; lead schoolwide literacy efforts in all content areas including numeracy.
B. Monitor To demonstrate competence in monitoring student learning by, a principal must:
(1) demonstrating demonstrate the ability to create a culture that fosters a community of learners;
(2) demonstrating demonstrate an understanding of student guidance support systems and auxiliary services;
(3) demonstrating demonstrate the ability to implement a positive and effective and monitor student management system data systems;
(4) demonstrating the ability to develop and implement effective student discipline plans implement schoolwide policies and practices that encourage positive behavior, and respond to student misconduct in a positive, fair, and unbiased manner;
(5) demonstrating demonstrate the ability to develop a master instructional schedule;
(6) demonstrating demonstrate the ability to meet the enrichment, remediation, and special education diverse learning needs of all students; and
(7) demonstrating demonstrate the ability to understand and support a comprehensive program of student activities. and.
C. Early childhood To demonstrate competence in prekindergarten through grade 12 leadership by, a principal must:
(1) demonstrating demonstrate an understanding of the articulation and alignment of curriculum from preschool prekindergarten through grade 12;
(2) demonstrating demonstrate an understanding of different organizational systems and structures at early childhood prekindergarten, elementary, middle or junior high, and high school levels;
(3) demonstrating demonstrate the ability to work with children of all ages;
(4)demonstrating demonstrate the ability to work with parents, teachers, and other staff in all levels of schooling;
(5) demonstrating demonstrate an understanding of the characteristics of effective transitions from one level of schooling to the next; and
(6) demonstrating demonstrate an understanding of the developmental needs of children of all ages.
The majority of these amendments change verbiage to reflect active voice.
Amendment A (1) adds a competency in supporting teachers and staff in the implementation of state academic standards and a coherent system of culturally responsive curriculum, instruction, and assessment.
Amendment B (4) adds a new competency on implementing school wide policies and practices that encourage positive behavior, and respond to student misconduct in a positive, fair, and unbiased manner.
The University Work Group recommends adding these new competencies to reflect the changing demands of today’s principals. Principals must implement state standards and culturally responsive curriculums in order to improve academic achievement in Minnesota’s increasingly diverse student body. Principals must also be skilled in addressing discipline through practices that emphasize positive behavior to reduce suspensions and expulsion. It is reasonable to accept the recommendations of the University Work Group.
The board proposes the following amendments Subp. 4. These competencies only apply to directors of special education.
Subp. 4. Director of special education competencies. A person who serves as a director of special education shall must demonstrate the core competencies described in subpart 1 and competence in the following specific areas under this subpart.
A. To demonstrate competence in policy and law by, a director of special education must:
(1) demonstrating demonstrate an understanding of state and federal laws, rules, and procedures governing special education finance, budgeting, and accounting; and
(2) demonstrating demonstrate an understanding of state and federal regulations governing the monitoring of special education programs services.
B. To demonstrate competence in organizational management by, a director of special education must:
(1) demonstrating an understanding of the role policy and procedure play in school district governance and administration;
(2) (1) demonstrating demonstrate knowledge of statutory regulations relative to school districts affecting board meetings, policies, communications, procedures, and practices that affect special education governance; and
(3) (2) demonstrating demonstrate an understanding of special education administrative models used in Minnesota.
C. To demonstrate competence in resource allocation by and fiscal management, a director of special education must:
(1) demonstrate an ability to apply state and federal laws, rules, and procedures governing special education finance, budgeting, and accounting to school district funding structures;
(1) (2) demonstrating demonstrate an understanding of special education program development including needs assessment, design, implementation, and evaluation; and
(2) (3) demonstrating demonstrate an understanding of the resources available, along with the agencies and organizations that serve students with a disability and their families.
The majority of these amendments change verbiage to reflect active voice.
Amendment C (1) adds language that strengthens the resource allocation competency by including a fiscal management component. This section adds a competency for candidates to be able to apply state and federal laws, rules, procedures governing special education finance, budgeting, and accounting to school district funding structures. The University Work Group recommends adding these new competencies to better prepare directors for the increasingly litigious work environment and the complexities of modern budgeting. It is reasonable to accept the recommendations of the University Work Group.
The board proposes the following amendments to Subp. 5. These competencies involve directors of community education only.
Subp. 5. Director of community education competencies. A person who serves as a director of community education shall must demonstrate the core competencies described in subpart 1 and competence in the following specific areas under this subpart.
A. To demonstrate competence in community education concepts by, a director of community education must:
(1) understanding and describing understand and describe the history and philosophy of community education;
(2) demonstrating demonstrate a knowledge and application of the principles of community education;
(3) demonstrating demonstrate a knowledge of the role of the local school board district’s administrative team; and the community education director’s role in it;
(4) demonstrating, facilitating, and leading demonstrate, facilitate, and lead the integration of community education into the early childhood prekindergarten through grade 12 system;
(5) demonstrating demonstrate the skills necessary to conduct community needs assessments,
determine educational objectives, select learning experiences, schedule and promote programs, and establish and implement registration procedures as required by statute and district policy;
(6) demonstrating demonstrate knowledge of the various assessment tools used to effectively evaluate community education programs and determine educational objectives and learning experiences; and
(7) demonstrating demonstrate an understanding of the resources available to support learners of all abilities and ages.
B. To demonstrate competence in community capital by, a director of community education must:
(1) demonstrating demonstrate a knowledge of the advisory councils, including their role, organization, functions, and development of advisory councils;
(2) demonstrating demonstrate the ability to involve advisory councils in addressing community and school issues;
(3) demonstrating demonstrate the ability to build collaborative partnerships in the community;
(4) demonstrating demonstrate the ability to effectively identify the formal and informal community political structures, both formal and informal;
(5) demonstrating demonstrate the ability to identify and effectively use local, civic, and business resources to enhance the lifelong learning opportunities within the community;
(6) demonstrating the demonstrate knowledge of the techniques used for developing leadership among community members;
(7) demonstrating demonstrate knowledge about sustaining community involvement in the community education process; and
(8) demonstrating demonstrate knowledge of factors that affect school finance, including sources of revenue; expenditure classifications; generally acceptable accounting principles; and local, state, and federal finance calculations.
The majority of these amendments change verbiage to reflect active voice. In addition, the University Work Group recommended deleting superfluous language in A(3) and A(5) and adding language to require candidates to demonstrate competencies in determining educational objectives and learning experiences. It is reasonable to accept the recommendations from the University Work Group.
.
3512.0700 ADMINISTRATIVE LICENSURE WITHOUT TEACHING EXPERIENCE FOR SUPERINTENDENTS, PRINCIPALS, AND DIRECTORS OF SPECIAL EDUCATION.
The board proposes eliminating Subp. 3a (B).
B. meet the examination requirement of part 8710.0510, subpart 1, items A and B, and subpart 3, items A and B.
This amendment deletes the option for those candidates with no teaching experience to take an examination in lieu of teaching experience. The University Work Group recommends this examination be eliminated because it is no longer an appropriate standard and is no longer used by any university. It is reasonable to accept the recommendations of the approved preparation programs.
The board proposes the following amendment to Subp. 4 (A).
Subp. 4. Teaching internship requirement. An applicant shall must have experience and knowledge in curriculum, school organization, philosophy of education, early childhood education, and elementary, junior high or middle school, and senior high schools. The internship shall must:
A. include one school year with a minimum hour equivalency of 1,050 hours of classroom experiences, including eight weeks of supervised teaching experience for a principal or superintendent license or 1,050 hours of special education experience for a director of special education license. A candidate may count up to 250 hours of online classroom teaching experience toward meeting the 1,050 hours of classroom experience;
Current rule requires candidates seeking an administrative license with no teaching experience to complete a 1,050 hour teaching internship. This language allows candidates with on-line teaching experience to use 150 hours of that experience to count toward meeting the internship requirement.
This amendment was recommended by the on-line teaching community to reflect a reasonable balance between on-line and traditional modalities of instruction. It is reasonable to adjust the rules to reflect modern instructional delivery.
The Work Group also recommended eliminating duplicative language requiring eight weeks of supervised teaching because it is already included in the supervised internship. It is reasonable to accept the recommendations of the approved preparation programs.
3512.0800 ALTERNATIVE PATHWAY LICENSURE FOR SCHOOL SUPERINTENDENTS.
The board proposes the following amendments to Subp.1 and Subp. 2:
Subpart 1.Intent of alternative pathway to license. An applicant for licensure through an alternative license shall pathway must demonstrate skills and competencies needed to perform the functions of a superintendent. This alternative pathway is intended for applicants who do not meet the requirements for superintendent licensure as specified in part 3512.0200.
Subp. 2. Procedures for licensure. An applicant for licensure through an alternative license pathway must demonstrate that the applicant has substantive experience and education in areas including but not limited to administration, supervision, management, and executive leadership, in either education, health care, business or industry, labor, or government. A candidate also may consult with a board-approved program. An applicant for an alternative license shall must:
A. complete a written application;
B. provide a written description of the applicant's exceptional qualifications.
The amendment adds the word “pathway” to correct inaccurate language in the original rule. There is no alternative license for superintendents. There is only a separate pathway to achieve an initial license. This change was recommended by legislators to correct the false impression that the state was issuing alternative licenses for superintendents. It is reasonable to correct language to reflect actual rule.
The second amendment in Subp. 2, also suggested by the legislators, simply allows candidates under this provision to consult with a board-approved program if they desire. It is reasonable to assist candidates seeking licensure.
The board proposes the following amendment to Subp. 3:
Subp. 3. Credential review committee. An applicant shall must appear before a credential review committee and present evidence relating to of the applicant's proposed effectiveness as a superintendent. The applicant may present data and information regarding about the applicant's leadership effectiveness shall be presented as through testimony from teachers, parents, students, site council members, community members, and other interested persons. The review committee shall must consist of a licensed administrator appropriate to the field, a college or university administration preparer, and a member of a local school board or person of similar background. The credential review committee shall make a recommendation must recommend to the executive director whether to approve or disapprove the applicant's initial application. The executive director may accept or reject the credential committee's recommendation based on board-approved criteria. If the executive director disapproves the application, the applicant may appeal the executive director's decision to the board.
This amendment ensures due process for candidates seeking a superintendent’s license under this section. The amendment requires the executive director to accept or reject the recommendation of the credential review committee. The amendment allows the candidate to appeal the decision of executive director to a neutral party (the Board).
The amendment is necessary to address a weakness detected by the Attorney General’s Office during their review of the proposed rules. Currently, the credential committee’s recommendation goes directly to the full board for a decision. That decision can only be appealed back to the very board that just rendered the decision. This new language affords the candidate due process by changing the appeal process from appealing the decision of the board to appealing the decision of the executive director. It is reasonable to address the concerns of the Office of Attorney General.
The board proposes the following amendment to Subp. 6A:
Subp. 6. Issuance of license. The board must issue initial and renewal licenses shall be issued and renew licenses according to this subpart.
A. Based upon The board must either accept or reject the executive director's licensure recommendation. If the board accepts the executive director's recommendation to approve licensure, the credential review committee recommendation, board must issue the applicant may be granted a two-year initial license. The board may also identify needed activities which the candidate shall individual must implement during the period of the initial license period to strengthen the individual's skills which may lead to improved and improve the individual's results as a superintendent. This These activities may include a mentoring experience or improving specific skills or competencies that need improvement.
This amendment codifies the due process outlined in Subp. 3. This amendment is necessary to align the board’s licensure responsibility with the rule changes suggested in Subp. 3. It is reasonable for the alternative pathway for superintendent licensure to be aligned.
The board proposes the following amendment to Subp. 7:
Subp. 7. Appeal. If the candidate's initial application is rejected, an appeal may be filed with The applicant may appeal the executive director's decision to the board within 30 days of the denial receiving notice of the decision.
This amendment aligns the candidate’s appeal process with the standard established in Subp. 3. The amendment also clarifies that the time limit on the appeal starts when the candidate receives the notice not when the board made the decision. It is reasonable to make all references to the appeal process consistent and to start the appeal process when the candidate actually receives the notice.
3512.1200 CONTINUING EDUCATION PROGRAMS FOR DIRECTORS, PRINCIPALS, AND SUPERINTENDENTS.
The board proposes the following amendments Subp. 1a:
Subp. 1a. Approval. The board, executive director, or board designee must approve all continuing education programs, and the clock hours which a licensee may be earned earn in each program, must be approved by the board. If clock hours are to be earned, approval must be secured before beginning a continuing education professional development activity. Admission to all approved continuing education programs shall be open to any licensed Minnesota school administrator. The board shall disseminate lists of known approved continuing education programs twice annually.
The first amendment in Subp. 1a allows the board to designate someone to approve continuing education programs. This amendment is necessary to align rule with current practice. Currently, BOSA’s only staff person annually processes 1,600 professional development requests as they are submitted to the office. With the board meeting monthly, and committee meetings lasting only 30 minutes, logistically, it is impossible to process all the requests in time for administrators to renew their licenses. Hence, why the board has historically delegated that task to BOSA staff. Allowing staff to continue to approve continuing education activities under the guidelines contained in current rule, is good customer service and in the best interest of the public. It is reasonable to align rule with current practice.
The second part of the amendment deletes obsolete language requiring mandatory admission to approved professional development programs. This change is necessary to respect property rights of the program initiators. Many continuing education activities are conducted by private groups and the material is proprietary. Some programs have space constraints. Increasingly, some have felt uncomfortable mandating automatic admissions for license holders to every program. In working with the professional associations, all believe this will not negatively impact access to professional development activities. It is expected that few program initiators would restrict entrance since they are in the business of selling clock hours. It is reasonable to honor property rights.
The third part of amendment deletes the requirement for a master list of approved programs. With only two BOSA staff, the fluidity of the program initiators, and staff time directed at higher priorities, board staff has never been able to accomplish this goal. Furthermore, no one has ever asked for the list. It is reasonable to delete requirements which are unattainable, undesired, and unused.
The board is proposing the following amendments to Subp. 2:
Subp. 2. Program initiator. The initiator of a continuing education program has complete responsibility is responsible for conducting that the program. However, The initiator may use resources from professional associations, governmental agencies, and the private business sector to conduct the program. The program initiator is responsible for must:
A. ensure prior approval for continuing education programs. Programs not receiving prior approval or a waiver from the executive director must obtain a continuing education variance from the board to be considered meeting the standards for a continuing license as defined in part 3512.0100, subpart 8;
B. collect and verify attendance;
A. C. developing develop proposals for continuing education programs in areas of study which have been identified in cooperation cooperatively with licensed directors, principals, and superintendents practicing in Minnesota school districts;
D. identify competency areas under part 3512.0510; and
B. E. forwarding forward continuing education program proposals to the board for approval.and.
C.maintaining communication with the board concerning the status of all approved continuing education programs offered.
Amendment (Subp. 2(A) requires program initiators not receiving prior approval for professional development activities, or who do not receive a waiver from the executive director (which is current practice), to obtain a variance from the board to be approved for awarding clock hours toward re-licensure. This amendment is needed to motivate more program initiators into getting prior approval which allows staff to review the program before it is offered. Our board believes the legislature intended for the board, to the best of its ability, to insure the quality of the professional development.
Amendment (Subp. 2(B) requires initiators to collect and verify attendance of those seeking clock hours. Collecting and verifying attendance is necessary for the board staff to award proper certificates.
Amendment (Subp. 2(D) requires program initiators to identify competency areas in 3512.0510. This is necessary to ensure that professional activities are linked to the new competencies required for licensure.
It is reasonable for the board to exercise proper oversight of professional development activities to fulfil the board’s legislatively-mandated responsibility for oversight of professional development of licensed administrators.
3512.1300 PROCEDURES FOR VOLUNTARY SURRENDER OF LICENSES.
No substantive amendments. Proposed language simply changes verbiage from a passive voice to an active voice.
3512.1500 THE ISSUANCE AND RENEWAL OF LICENSES.
No substantive amendments. Proposed language simply changes verbiage from a passive voice to an active voice
3512.1600 APPEALS.
The board proposes the following amendments to Subp. 2:
Subp. 2. Appeal request. A person entitled to a hearing under this part shall must file a written request for a hearing with the executive director within 30 days from the date of receiving notice of the denial. Failure to file a written request for a hearing within 30 days constitutes a waiver of the person's right to a hearing.
This language requires an appeal must be made within 30 days of receiving notice of a denial rather than the current practice of 30 days from the actual board decision to deny. This language is necessary to clarify the timing of an appeal. It is reasonable for individuals denied a license to be given a clear and concise appeals process.
3512.1700 RULES REVIEW.
No substantive amendments. Proposed language simply changes verbiage from a passive voice to an active voice.
3512.2000 REQUIREMENTS FOR ISSUANCE AND RENEWAL OF LICENSES.
The board proposes the following amendments to Subp. 1:
Subpart 1. In general. An applicant must qualify separately for each licensure area for which application is made and provide evidence of satisfactory completion of a board-approved program in the licensure area. that has been approved by the board.
Each application for the issuance or renewal of a license shall must be accompanied by the processing fee in part 8710.0200. The processing fee shall must be nonrefundable for applicants not qualifying for a license, except the fee is refundable when the applicant for a license already holds the license for which application is made and that license does not expire in the year the application is submitted.
The board must issue and renew all licenses must be issued or renewed according to criteria established in board rules of the board, and the licenses are valid for the period of time specified in this part. All licenses must bear the date of issuance and expire on the specified number of years from July 1 nearest the date licensure was the board approved the license. Applications for renewal must be accepted by the Minnesota Department of Education, Division of Educator Licensing and Teaching Quality, The Professional Educator Licensing and Standards Board must accept applications to renew a license after January 1 of the year of expiration. The renewal period begins on July 1 of the year of expiration. After June 30 in the year of expiration, all licenses not renewed expire and are no longer valid.
This amendment deletes obsolete language referencing the Minnesota Department of Education. This language is necessary to reflect legislative action moving the licensing division from the Minnesota Department of Education to PELSB. This amendment is required to conform to current statute.
The board proposes the following amendment in Subp. 1a:
Subp. 1a. Provisional license. The provisional license issued in any licensure area is a two-year license. The board must issue provisional licenses to persons who meet all requirements of applicable statutes and rules.
This amendment simply re-affirms that provisional licenses are for two years. This language is necessary for consistency purposes.
The board proposes the following amendment to Subp.2:
Subp. 2. Initial license. The initial license issued in any licensure area is an entrance license, valid for two years a two-year license. The board must issue licenses valid for administration and supervision in Minnesota schools must be granted to persons who meet all requirements of applicable statutes and rules and who complete board-approved licensure programs approved by the board leading to licensure in Minnesota institutions that are approved by the board pursuant to under part 3512.2500. to prepare persons for licensure.
This section deletes the term “entrance” license when referring to an initial license. This language is necessary to reduce the general public’s confusion with multiple terms referring to an initial license. It is reasonable to make the terms less confusing.
The board proposes the following amendment to Subp.3:
Subp. 3. Failure to complete school year of experience affecting entrance initial license. When a person does not complete one school year of administrative or supervisory experience is not completed before the expiration of an entrance initial license expires, the board must issue another entrance initial license in that licensure area must be issued upon application after receiving the person's licensure renewal application. If an entrance initial license in any licensure area is allowed to lapse, it shall be renewed, upon application, lapses, the board must renew the license after receiving the person's licensure renewal application. The board must continue to renew the license until the applicant has had completes one school year of administrative or supervisory experience while holding a valid entrance initial license, after which time an applicant must qualify qualifies for a continuing license.
Deletes obsolete reference to an “entrance” license. This section was added to reduce the general public’s confusion with multiple terms referring to an initial license. It is reasonable to make the terms consistent.
The board proposes the following amendment to Subp.5:
Subp. 5. Conduct review. All applicants for licensure and license renewals are subject to a criminal history background check as required under Minnesota Statutes, section 122A.18, subdivision 8, and a conduct review performed by the board. The board may refuse to issue a license or deny a license renewal based on the results of the background check or conduct review. An applicant who is denied a license or license renewal as a result of the background check or conduct review may appeal the board's decision pursuant to part 3512.1600.
Currently, BOSA procedure requires all candidates for licensure or re-licensure to submit to a Conduct Review which is a series of questions about the candidate’s background. This amendment codifies this procedure in rule. This amendment is necessary to strengthen BOSA’s commitment to high ethical standards by elevating existing procedure into rule.
3512.2050 PROVISIONAL LICENSE.
The board proposes the following new section of rule:
A. The board may issue a two-year nonrenewable license to an applicant who has not met all Minnesota preparation program requirements. The applicant must enroll and make progress in a board-approved program leading to licensure as a superintendent, a director of special education, or a kindergarten through grade 12 principal at a regionally accredited college or university during the applicant's two-year provisional status. The applicant must:
(1) have completed an applicable preparation program in another state; or
(2) hold an appropriate administrative license.
B. The board may extend a provisional license issued under this part for one additional school year if the board determines an extension is warranted based on board-adopted criteria.
C. A candidate for a provisional license under this part may substitute one year of full-time experience as a superintendent, assistant superintendent, principal, assistant principal, or director of special education in another state for the field experience required in part 3512.0400, subpart 1.
Amendment (A) authorizes provisional licenses for superintendents and directors of special education. Currently, provisional licenses are only allowed for principals. This language is necessary to address Minnesota’s shortages of licensed directors of special education and superintendents, especially candidates of color. After processing frequent variances from school districts, the board concluded it is in the state’s interest to make it easier to license out-of-state candidates since many of the variance requests were for candidates of color. It is reasonable to assist districts seeking to diversify educational leadership by broadening provisional licenses to include directors of special education and superintendents.
Amendment (B) seeks to align current practice with new rule. Currently, the executive director has been extending provisional licenses in emergency situations. This provision allows the board to extend a provisional license for one year using board-approved criteria. The board concluded this change is necessary to allow the board to address unplanned, emergency situations which prevent provisional license holders from completing the coursework required for a professional license. It is reasonable to provide individuals, and the school districts they work for, additional flexibility in emergency situations. It is reasonable to align current practice with rule for the benefit of the license holder.
Amendment (C) allows directors of special education and superintendents to count one year of full-time experience toward field experience requirements. This is the existing rule for principals with a provisional license. This change is necessary to make field experience standards consistent for all provisional licenses. It is reasonable to have consistent standards.
3512.2100 INITIAL LICENSE.
The board proposes the following amendments to (A)2:
A. Licensure applicants must meet the requirements must be met for each administrative area where the applicant seeks licensure is sought. The board must issue an initial license shall be issued to an applicant who has met meets all of the following requirements. An applicant must:
A.(1)fulfill the requirements of parts part 3512.2000, subparts 1 and 2, and 3512.2700; and
B.(2)be recommended for licensure by a Minnesota Board of School Administrators approved board-approved Minnesota college or university which, in making such a recommendation, attests to satisfactory completion of the applicant satisfactorily completing the approved program by the applicant. An applicant coming to Minnesota from another state must present to the Minnesota Department of Education, Division of Educator Licensing and Teacher Quality, Professional Educator Licensing and Standards Board application intake staff a college or university transcript of college or university work to be analyzed in order to determine program comparability of program.
This language reflects legislative changes which moved the licensing division out of the Minnesota Department of Education to PELSB.
The board proposes adding amendment B:
B. A candidate who does not qualify for a continuing license issued under part 3512.2300 may apply to renew an initial license every two years and is not required to complete any clock hours of continuing education in order to renew an initial license.
This language reiterates the existing practice of allowing initial license holders who do not obtain one year of experience in the field, to be re-issued an initial license without having to obtain any clock hours of professional development. The language is necessary to clarify existing practice. It is reasonable to allow administrators who were not hired during the first two years of their license, to continue in the profession.
3512.2300 CONTINUING LICENSE.
The board proposes the following amendments to Subp. 1:
Subpart 1.Continuing license for those holding entrance initial license. The board must issue a five-year continuing license to an applicant who completes at least one school year of administrative or supervisory experience in a licensure area while holding an entrance initial license shall be issued a continuing license, valid for five years. Supervisory experience includes the tasks listed in Minnesota Statutes, section 179A.03, subdivision 17. When an applicant adds a licensure area is added to a continuing license already in force effect, the board must issue a continuing license is issued, and with the same expiration date becomes that already established for the continuing license already in force effect.
Current rule requires administrators seeking a five-year license demonstrate they have “one school year of administrative or supervisory experience in a licensure area” in order to receive the license. This language makes this section consistent with the amendments proposed in 3512.0300, Subp. 1, which defines “supervisory experience” as those duties listed in Minnesota Statutes 179A.03, sub. 17. This language is necessary to clarify for PELSB and BOSA staff what is appropriate “supervisory experience.” Currently, there are a number of school districts with various administrative positions such as dean of students, whose job duties may or may not meet the standard required for a five-year license. As agencies review these requests on a case-by-case basis, it is reasonable to establish consistent standards defined in a clear and concise way.
The board proposes the following amendments to Subp. 3:
Subp. 3. Renewal of continuing licenses. The renewal of board must renew the continuing licenses must be issued to license of an applicant who provides evidence of completion of completing 125 clock hours of approved administrative and supervisory continuing education earned according to part 3512.1200 during the five-year period immediately before renewal of renewing the continuing license. Approval of The board must approve continuing education programs, and the clock hours that may be earned an applicant may earn in each program, must be according to part 3512.1200. An applicant may apply relevant courses completed at accredited colleges and universities may be used toward the clock-hour requirement. One quarter college credit equals 15 clock hours; and one semester college credit equals 20 clock hours. An applicant must meet the renewal requirements must be met during the five-year period of each continuing license, and no clock hours shall carry forward into any subsequent five-year licensure period. The applicant may appeal to the board for a continuing education variance to allow credits the applicant earned outside the five-year period to count toward the 125-clock-hour requirement
For administrators seeking re-licensure, current rule limits administrators to counting clock hours “during the five-year period immediately before renewal of the continuing license.” This amendment allows administrators to ask the board for a variance to count clock hours earned outside the five-year period. This language is necessary to address unforeseen circumstances such as administrators being deployed overseas, a health crisis, or someone going through family issues such as divorce which may have prevented the administrator from meeting this standard. Traditionally, the board has used its general variance authority in 3512.5300 to address such issues. However, the board has concluded that listing this option separately in rule makes this more visible to administrators. It is reasonable to write rules which seek to make license holders more fully aware of appropriate remedies.
The board proposes the following amendments to Subp. 4:
Subp. 4. Lapsed license. If an applicant allows a continuing license has been allowed to lapse for more than 60 days and the applicant has not been is currently employed as an administrator or supervisor during the year immediately before the application for renewal, the applicant must provide evidence that, the applicant must obtain a variance from the board while the board renews the license. If the applicant was not employed as an administrator or supervisor during the year immediately before applying to renew the license, the applicant must demonstrate to the board that the applicant:
Minnesota Rule 3512.0200 requires persons “working as a superintendent, assistant superintendent, principal, assistant principal, special education director, or assistant special education director must hold the appropriate license.” There have been occasions in which administrators have forgotten to renew their license. Currently, there is no penalty for administrators not renewing their licenses on time. This language requires administrators who have gone more than 60 days past their renewal date, to obtain a variance from Rule 3512.0200 in order to renew their license.
The board believes very strongly that administrators, like the teachers they supervise, ought to renew their licenses on time. The Board worked with the Minnesota Association of Secondary School Principals (MASSP) & the Minnesota Elementary School Principals’ Association (MESPA), to find enforcement language that strikes the appropriate balance between punishment and language that would sufficiently motivates all administrators to renew on time. Renewal is important because it ensures that administrators have earned the appropriate level of professional development to remain current in their profession. The board, in consultation with the professional associations, believes the possibility of facing the scrutiny of their peers in a variance process will sufficiently inspire administrators to renew on time. It is reasonable to implement strategies that hold administrators accountable to existing rule requirements which protects the public and ensures the highest quality.
3512.2400 SUSPENSION AND REVOCATION OF LICENSES.
No substantive amendments. Proposed language simply changes verbiage from a passive voice to an active voice.
3512.2500 PROCEDURES FOR APPROVAL OF LICENSURE PROGRAMS.
The board proposes to delete Subp. 2(D):
D.an enumeration of the specific knowledge, skills, and dispositions to be achieved by persons completing the licensure program;
Language is duplicate.
The board proposes adding new language in the following amendment Subp. 2(K):
K. include program review data as mandated by the legislature and the board and describe how that data are utilized.
Adds a requirement that the program must include program review data required by the legislature or the board as a part of the approval process. This section is necessary to comply with legislative requirements contained in Minnesota Statutes 122A.14, Subd. 8 to “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 2013 legislature.” During the 2017 legislative session, the legislature further defined this requirement to include:
1) Summary data on faculty qualifications, including at least the content areas of faculty undergraduate and graduate degrees and the years of experience, either as a kindergarten through grade 12 classroom teacher or school administrator.
2) The average time program graduates in the preceding year needed to complete the program.
3) The current number and percentage of students who graduated, received a standard Minnesota administrator license, and were employed as an administrator in a Minnesota school district or school in the preceding year disaggregated by race, except when this disaggregation does not yield statistically reliable results or would reveal personally identifiable information about an individual.
4) The number of credits by graduate program that students in the preceding school year needed to complete to graduate.
5) Survey results measuring student, graduate, and employer satisfaction with the program in the preceding school year disaggregated by race, except when disaggregation would not yield statistically reliable results or would reveal personally identifiable information about an individual.
6) Information under subdivision 3, paragraphs (c) and (d). Program reporting must be consistent with section 122A.14, subdivision 10.
It is reasonable to require university preparation programs to report mandated legislative and board data as a part of the approval process.
3512.2600 LICENSURE FOR PERSONS PREPARED IN STATES OTHER THAN MINNESOTA.
The board proposes the following amendments to Subp. 1:
Subpart 1. Criteria.
A. The board must issue Minnesota licenses shall be granted to persons who otherwise meet applicable statutory requirements and who complete programs leading to licensure in colleges and universities located outside Minnesota and the requirements of this part. The board must issue licenses shall be granted only in licensure fields for which the board has established rules governing licensure programs leading to licensure. Persons prepared in other states other than Minnesota shall must present their credentials to the board for approval. The board has jurisdiction on all matters concerning administrative licensure. The licenses shall be issued according to either item A or B as follows:
A. Persons who complete approved programs in colleges and universities leading to licensure within states which have signed contracts with Minnesota according to the Interstate Agreement on Qualification of Educational Personnel shall be granted a Minnesota initial license. No licenses shall be issued on the basis of teaching experience only.
B. The board must issue an initial professional license to persons who complete administrative preparation programs leading to licensure in colleges and universities within states outside Minnesota which have not signed contracts with Minnesota shall be granted a Minnesota initial license when all of the following criteria are met:
(1) the college or university is regionally accredited by the Association for the Accreditation of Colleges and Secondary Schools;
(2) the program leading to licensure has been the applicant completed is recognized by the state as qualifying the applicant completing the program for such employment as an administrator or licensure within that state;
(3) the program leading to licensure the applicant completed by the applicant is essentially equivalent in content to approved programs offered by Minnesota colleges and universities under the board rules of the Board of School Administrators governing the licensure field. A person licensed under this part must achieve educational equivalency with persons licensed in Minnesota by the time the person's initial professional license expires. Educational equivalency includes 30 semester credits beyond a master's degree or 60 semester credits beyond a bachelor's degree, including a master's, specialist, or doctoral degree; and
(4) the college or university which offers offering the program leading to licensure verifies that the applicant has completed an approved licensure administrative preparation program at that institution and recommends the applicant for a license in a licensure field at a licensure level if licensure is required by that state.
Notwithstanding part 3510.4000 governing human relations, persons who have been prepared for licensure in states other than Minnesota shall be granted a Minnesota initial license based upon the provisions of this part.
The amendment to Subp. 1(A) deletes obsolete language. This deletion reflects that the Interstate Agreement on Qualification of Educational Personnel no longer exists.
The amendment to Subp. 1(B)2 allows those applicants completing a preparation program in a state that does not require licensure to qualify for a Minnesota license provided their preparation program qualifies the applicant to be hired as an administrator in that state. The language is needed to level the playing field when administrators come to Minnesota to work but are from states that do not require administrative licensure. Currently, those candidates are not eligible for licensure. It is reasonable to assume that practicing, out-of-state administrators who have completed an administrative preparation program which qualifies them for employment in that state, will be qualified to be an administrator in Minnesota.
The amendment to Subp. 1(B)3 is existing language moved from 3512.0300, Subp.5. This language has been moved to keep all the provisions related to candidates prepared out-of-state in the same section of rule.
The board proposes deleting Subp.2.
Subp. 2. [See repealer.]
The University Work Group recommended deleting the Human Relations requirement because the components of the course are imbedded into the new licensure competencies. It is reasonable to accept the recommendations of the University Work group representing all of the university preparation programs.
The board proposes amendment Subp. 3:
Subp. 3. Field experience equivalency. A licensure candidate may substitute one year of full-time experience as a superintendent, assistant superintendent, principal, assistant principal, or director of special education in another state for the field experience required by part 3512.0400, subpart 1.
This amendment moves existing language from 3512.0300, Subp. 5, to this section. This language is needed to put all sections dealing with applicants prepared out-of-state in one section. It is reasonable to reduce confusion among applicants.
3512.2700 HUMAN RELATIONS REQUIREMENT
The board proposes repealing this section. The Human Relation components are imbedded in the new competencies in 3512.0510 rendering this section obsolete.
3512.5200 CODE OF ETHICS FOR SCHOOL ADMINISTRATORS.
The board proposes the following amendment to Subp. 1(D):
D. A school administrator shall must not misuse use professional relationships with students, parents and caregivers, staff, or colleagues to private advantage.
This language is needed to address a concern expressed by legislative leaders to make this section of the Code of Ethics for administrators consistent with the Code of Ethics for teachers. This language makes the provisions identical. It is reasonable to respond to legislative concerns to hold administrators and teachers to the same ethical standard.
The board proposes the following amendment to Subp. 4:
Subp. 4. Complaints handled by board. When oral complaints alleging violations of the code of ethics for school administrators are received, the board shall request the complaining party to submit a written complaint. Upon receipt of a written complaint, the administrator named in the complaint shall be notified in writing of the complaint.
A. When the board receives complaints alleging violations of the code of ethics for school administrators, the board must require the complaining party to submit:
(1)a signed, written complaint specifying the nature and character of the allegations; and
(2)a consent form provided by the board.
B. The board must consider only those complaints that comply with this subpart. The administrator shall be is entitled to be represented by the administrator's own counsel or representative at each stage of the investigation and hearing.
This amendment clarifies the complaint process by requiring a complainant to submit a signed, written complaint and consent form when filing an ethics complaint. The amendment clarifies that the board will only consider complaints that comply with this subpart. The board has simplified this process by imbedding consent form within the complaint form itself.
Currently, the board processes over 120 ethical inquiries each year. In some instances, these complaints are made over the phone making it nearly impossible for the executive director to accurately relay the complaint to the board’s Ethics Committee for proper examination. (For those physically incapable of filing complaints, we work with those individuals to complete their claim). In other instances, complainants simply request that the board fire the administrator which is outside our legislative authority. The board believes this language requiring complaints in writing represents best practice and is necessary to ensure proper redress of claims and reduce frivolous requests.
It is reasonable to ensure that all complaints be in writing in order for proper review by the Ethics Committee. It is reasonable to simplify the complaint process for the public.
The board proposes deleting the last sentence in Subp. 5:
Subp. 5. Enforcement procedures. The board may impose one or more of the following penalties when it has found finds a violation of a standard under subpart 2. These actions shall be taken only after previous efforts at remediation have been exhausted.
This deletion eliminates the requirement that the board attempt to remediation before disciplinary action. This deletion is necessary because the inflexibility of the current requirement is not in the public interest. Certainly, the board wants the option to help remediate an administrator. However, in some instances, certain first-time infractions can be so serious that the board moves directly to discipline. It is reasonable to delete inflexible language that may delay action needed to protect the public.
3512.5300 VARIANCE.
The board proposes the following amendment to Subp. 3(A):
A. whether application of the rule to the individual circumstances of the applicant would serve the purpose of the rule variance from the rule would serve a compelling public purpose;
This amendment adds a “compelling public purpose,” to the criteria when deciding a variance request. Licensure is an important aspect of ensuring the quality of administrators in Minnesota’s school districts. The board seeks to honor the integrity of licensure and also respect the unique needs of school districts. Having a “compelling public purpose” is a reasonable standard which balances the public interest and the need for licensed administrators in schools with the rare conditions that confront school districts when hiring certain administrative positions. It is reasonable to establish require a compelling public purpose when waiving licensure.
The board proposes the following amendment to Subp. 5:
Subp. 5. [See repealer.]
This repealer eliminates the burdensome regulations on school districts when seeking a variance. Current rule requires districts send written notice “to any individual or entity that may be affected by the variance.” Districts are also required to submit to the board a list of names and addresses of the impacted parties who were notified of the variance request. School districts have been unable to discern what “any individual” means and have long disregarded these requirements because of the logistical hardship it places on districts to “notify any individual or entity that may be affected.” The board has not enforced this provision for over a decade. The board discussed this provision with the professional associations including the Minnesota Community Education Association and all agreed this subdivision is no longer needed. The school district is still required to document their inability to hire a fully licensed director and to show that the recommended candidate is in an approved preparation program. The board has concluded this is an onerous regulation with little compliance and it is reasonable to eliminate it.
The board proposes the following amendments to Subp. 8:
Subp. 8. Fees. The application must include a nonrefundable processing fee of $25. An application is not complete until the board receives the processing fee. The applicant may be charged additional fees if the cost for the board to process the variance application exceeds $25. The fee for the variance application must be charged consistent with Minnesota Statutes, section 14.056.
Current rule prescribes a $25 fee to process variance requests from school districts. This amendment clarifies that fees charged are to be consistent with Minnesota Statutes 14.056 which requires that fees be based on actual costs associated with administrating the variance. This amendment was added at the request of the legislative leaders to ensure consistency with Minnesota law. It is reasonable to be consistent with Minnesota law.
The board proposes the following amendments to Subp. 11:
Subp. 11. Variance for director of community education. Subject to the conditions in this subpart, the board must annually issue an administrative variance to a school district to allow the district to use an individual who is not fully licensed as the community education director if the school district is unable to employ a fully licensed director of community education.
A. The board must issue an administrative variance to school districts only if the individual is enrolled in a board-approved program leading to licensure as a director of community education and can show evidence the individual will complete the program within three school years.
B. A school district must apply annually for an administrative variance and must not exceed the three years stated in item A for any one individual.
C. The school superintendent must verify in writing the district's inability to contract with a fully licensed director of community education for a position. The superintendent must verify how the district advertised the director of community education position and that the district did not place a licensed director of community education interested in the position on unrequested leave of absence.
Current Minnesota Rule 3512.0505, Subd. 9, allows a school district to receive a “letter of approval for an exception” from the board allowing them to employ a non-licensed director of community education, provided they meet criteria listed in Subdivision 9. This amendment replaces the letter of approval with the variance process similar to those used for other administrators. To obtain a variance, the district would have to show that the person is in a preparation program and will finish within three years, and the school district was unable to contract with a fully licensed director of community education for a position. The superintendent must verify how the district advertised the director of community education position and that the district did not place a licensed director of community education interested in the position on unrequested leave of absence.
This amendment was suggested by the Minnesota Community Education Association to bring the exceptions to the rules process for directors of community education in line with the variance process used for principals, superintendents and directors of special education. It is reasonable to revise rules to be consistent and reduce the confusion of school districts and the general public.
CONCLUSION
Based on the foregoing, the proposed rules are both needed and reasonable.
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