Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Purpose.
An out-of-field permission authorizes a teacher holding a
Tier 2, 3, or 4 license, consistent with this part, to teach in an assignment
outside of the scope or field of the license held.
Subp. 2.
Requirements.
A. The board must issue an out-of-field
permission upon request by the designated administrator of the hiring district.
The applicant must initiate the application process, and the hiring district
must show:
(1) the applicant holds a valid
Tier 2, 3, or 4 license;
(2) the
applicant holds a license other than for a related services professional under
parts 8710.6000 to
8710.6400;
(3) the applicant holds a bachelor's degree
if required by statute or rule to teach the field for which the out-of-field
permission is sought;
(4) the
applicant approves the request;
(5)
the district will provide professional development , mentorship, or other
supports for the applicant in any content area assigned to an out-of-field
permission; and
(6) the position
was posted for at least 15 days on the board-approved statewide job board. The
hiring district does not need to post the position on the board-approved
statewide job board when:
(a) the assignment
is a full-time equivalency of 0.25 or less; or
(b) the applicant is enrolled in and making
meaningful progress, as defined by the provider, in a teacher preparation
program aligned to the assignment.
B. The district must show one of the
following:
(1) the licensed applicant is an
internal hire with one or more years of employment within the
district;
(2) the applicant has
additional qualifications that align with the requirements of the position;
or
(3) one of the following:
(a) no teachers who hold a Tier 2, 3, or 4
license in the assignment applied for the position;
(b) no teachers who hold a Tier 2, 3, or 4
license in the assignment accepted the position; or
(c) for each teacher who holds a Tier 2, 3,
or 4 license in the assignment that may have accepted the position, one of the
following:
i. the applicant is not fluent in
the language required for the position;
ii. the applicant was unwilling to abide by
or unable to apply the pedagogical model of the district or school;
iii. the applicant had a disciplinary action
with the board or final disciplinary action in a district;
iv. the applicant was unwilling to abide by
culturally responsive teaching principles; or
v. the applicant had references that
indicated an unwillingness or ineligibility to rehire the applicant, including
in the applying district.
C. An applicant who holds a Tier 2, 3, or 4
license in career and technical education or career pathways fields without a
baccalaureate degree may obtain an out-of-field permission for another career
and technical education or career pathways field.
Subp. 3.
Duration.
An out-of-field permission is valid for one school year and
expires on June 30 of the expiration year, unless otherwise indicated under
item A or B at the time the permission is granted.
An out-of-field permission can be used until September 1
after the date of expiration if the placement is aligned to the permission and
is:
A. in a summer school program at
the district; or
B. part of the
year-round school.
Subp.
4.
Renewal.
An out-of-field permission may be renewed four times. To
renew an out-of-field permission, the applicant must initiate the application
process, and the hiring district must show:
A. the applicant approves the
request;
B. the district will
provide professional development , mentorship, or other supports for the
applicant in any content area assigned to an out-of-field permission;
C. the position was posted for at least 60
days on the board-approved statewide job board. If an applicant accepts the
position but later turns it down, the hiring district must repost the position
for 15 days. The hiring district does not need to post the position on the
board-approved statewide job board when:
(1)
the assignment is a full-time equivalency of 0.25 or less; or
(2) the applicant is enrolled in and making
meaningful progress, as defined by the provider, in a teacher preparation
program aligned to the assignment; and
D. one of the following:
(1) the licensed applicant is an internal
hire with one or more years of employment within the district;
(2) the applicant has additional
qualifications that align with the requirements of the position; or
(3) one of the following:
(a) no teachers who hold a Tier 2, 3, or 4
license in the assignment applied for the position;
(b) no teachers who hold a Tier 2, 3, or 4
license in the assignment accepted the position; or
(c) for each teacher who holds a Tier 2, 3,
or 4 license in the assignment that may have accepted the position, one of the
following:
i. the applicant is not fluent in
the language required for the position;
ii. the applicant was unwilling to abide by
or unable to apply the pedagogical model of the district or school;
iii. the applicant had a disciplinary action
with the board or final disciplinary action in a district;
iv. the applicant was unwilling to abide by
culturally responsive teaching principles; or
v. the applicant had references that
indicated an unwillingness or ineligibility to rehire the applicant, including
in the applying district.
Subp. 5.
Additional renewals.
To renew an out-of-field permission more than four times, the
hiring district must provide within the renewal application good cause
justification for why the applicant should receive additional out-of-field
permission renewals pursuant to part
8710.0310, subpart
1, item G. The renewal
application is reviewed pursuant to Minnesota Statutes, section
122A.181, subdivision 3. The
board must issue or deny the renewal no later than 60 days after receiving the
renewal application.
Subp.
6.
Limitations and exceptions.
A. An individual cannot hold an out-of-field
permission to work in a related services position.
B. An out-of-field permission is limited to
the licensure area and the district for which it was granted.
D. A teacher holding a Tier 2 license may
hold an out-of-field permission for no more than 50 percent of the teacher's
total assignments.
