A new Minnesota law is enacting stricter requirements to become a special education teacher in the state, including limits on those who pursue alternative pathways.
Specifically, the legislation prohibits special educators with a Tier 1 license from teaching for more than three years under that level of certification, which only requires the teacher to have a bachelor’s degree. Tier 1 special education teachers must also receive high-quality professional development and undergo “intensive supervision” as part of a teacher mentoring program under the law.
The change comes as more teachers of color are likely to hold these alternative teaching licenses, according to a 2023 report by the Minnesota Professional Educator Licensing and Standards Board on the supply and demand of teachers in Minnesota.
“Part of this is due to the overall low number of teachers in these race/ethnicity categories, but also speaks to the need to provide teacher preparation pathways to move individuals up the tiers as a central way to increase professionally licensed teachers of color and Indigenous teachers in Minnesota,” the report said.
Special education teachers are also among the top groups to hold a Tier 1 or Tier 2 license in the state, the Minnesota PELSB found. Additionally, the three most difficult to fill licensure areas in school districts are in the special education field.
While the law may potentially hurt Minnesota school districts’ ability to address special educator shortages and diversify the teaching profession, there’s a chance the state prevented the loss of federal funding.
The law sought to address a threat made in May 2023 by the U.S. Department of Education to cut $219 million in special education dollars to the state if it didn’t adjust its licensure system for special educators, the Sahan Journal reported.
The Minnesota Department of Education had 60 days to submit a corrective action plan, in which it said it will make necessary changes to state law during the next legislative session in early 2024. Federal officials approved Minnesota’s plan in August.
Before the updates to this law, Minnesota special education teachers with Tier 1 licenses could instruct for more than three years, according to a May 2023 letter from the U.S. Department of Education’s Office of Special Education Programs, which was obtained by the Sahan Journal. The letter addressed to the Minnesota Department of Education said that approach violated Part B of the Individuals with Disabilities Education Act, which stipulates that a special educator with an alternative certification may teach for no more than three years.
The Education Department’s letter to Minnesota and the new law that followed demonstrate the challenges states face as they balance special education teacher shortages with federal compliance.
Unlike with flexibilities provided to general education teachers, the Education Department’s Office of Special Education Programs in 2022 warned state directors of special education that special educators and related personnel may not have their certification or license requirements waived on an emergency, temporary or provisional basis. The office also flagged that teachers pursuing alternative certification must have a special education certificate and follow certain federal requirements.
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