UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

May 17, 2023

Honorable Willie Jett

Commissioner of Education
Minnesota Department of Education
1500 Highway 36 West
Roseville, Minnesota 55113

Dear Commissioner Jett:

This letter is to inform the Minnesota Department of Education (MDE) that the Office of Special
Education Programs (OSEP) has identified a finding of noncompliance under Part B of the
Individuals with Disabilities Education Act (IDEA). To address this finding of noncompliance,
MDE must complete the required actions set out below.
Background: MDE contacted OSEP on July 13, 2021, with questions and concerns about its
tiered licensing system for teachers, specifically regarding whether its Tier 1 licensing
requirements align with the IDEA Part B personnel qualification requirements for special
education teachers. Subsequently, OSEP staff held phone calls with MDE staff on August 9,
2021, and September 15, 2021, to discuss the State’s tiered licensing system and the IDEA Part
B personnel qualification requirements for special education teachers, including alternate routes
to special education certification. In addition to conducting phone calls with representatives from
MDE, OSEP staff reviewed publicly available information, including State policies (specifically,
the State statute and regulations on teacher certification requirements).
MDE staff informed OSEP that all teacher certification requirements are the result of statutory
requirements under Chapter 122A of the Minnesota Statutes. MDE staff indicated that the
implementation of these requirements is overseen by the State’s Professional Educator Licensing
and Standards Board. MDE staff explained that, under its tiered licensing system, teaching
licenses are granted to teachers, including special education teachers, at the Tier 1, Tier 2, Tier 3,
and Tier 4 levels. Under section 122A.181, subdivision 2, paragraph (a), the professional
requirement for a Tier 1 license (issued for a term of one year) to teach outside a career and
technical education or career pathways course of study is only a bachelor’s degree. Further,
under section 122A.181, subdivision 3, paragraph (c), “[a] Tier 1 license must not be renewed
more than three times, unless the requesting district or charter school can show good cause for
additional renewals.” That provision also states that “[a] Tier 1 license issued to teach (1) a class
or course in a career and technical education or career pathway course of study or (2) in a
shortage area, as defined in section 122A.06, subdivision 6, may be renewed without limitation.”
Section 122A.06, subdivision 6 defines “shortage area” as “(1) licensure fields and economic
development regions reported by the commissioner of education or the Professional Educator
Licensing and Standards Board as experiencing a teacher shortage; and (2) economic
development regions where there is a shortage of licensed teachers who reflect the racial or
ethnic diversity of students in the region.” During discussions with OSEP, MDE staff reported
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that special education is a shortage area under section 122A.06, subdivision 6. MDE staff also
reported that special education teachers with Tier 1 licenses routinely teach special education for
more than three years without demonstrating progress towards full certification.
Legal Requirements: Under IDEA section 612(a)(14) and 34 C.F.R. § 300.156, the State
educational agency must establish and maintain qualifications to ensure that personnel necessary
to carry out the purposes of IDEA Part B are appropriately and adequately prepared and trained,
including that those personnel have the content knowledge and skills to serve children with
disabilities.
Those qualifications must ensure that each person employed as a public school special education
teacher in the State who teaches in an elementary, middle, or secondary school: (1) has obtained
full State certification as a special education teacher (including certification obtained through an
alternate route to certification as a special educator, if it meets minimum requirements described
in 34 C.F.R. § 200.56(a)(2)(ii) as such section was in effect on November 28, 2008), or passed
the State special education teacher licensing examination, and holds a license to teach in the
State as a special education teacher (except for a teacher teaching in a public charter school, in
which case the teacher must meet the certification or licensing requirements, if any, set forth in
the State’s public charter school law); (2) has not had special education certification or licensure
requirements waived on an emergency, temporary, or provisional basis; and (3) holds at least a
bachelor’s degree. 34 C.F.R. § 300.156(c)(1).
Personnel who have not obtained full State certification as a special education teacher may
obtain certification through an alternate route to special educator teacher certification.
Specifically, under 34 C.F.R. § 300.156(c)(2), personnel who are participating in an alternate
route to special education teacher certification program must: (1) receive high-quality
professional development that is sustained, intensive, and classroom-focused in order to have a
positive and lasting impact on classroom instruction, before and while teaching; (2) participate in
a program of intensive supervision that consists of structured guidance and regular ongoing
support for teachers or a teacher mentoring program; (3) assume the functions as a teacher only
for a specified period of time not to exceed three years; and (4) demonstrate satisfactory progress
toward full certification as prescribed by the State. (Emphasis added.) The SEA may not waive
the special education certification or licensure requirements on an emergency, temporary, or
provisional basis.
OSEP Analysis: Under Minnesota Statutes, section 122A.181, and Minnesota Administrative
Rules, part 8710.0311, which implements the State statutory provision, a Tier 1 license may be
renewed up to three times if the teacher and the district meet certain specified requirements, and
may be renewed more than three times if the district can show good cause for additional
renewals or if the teacher is teaching in an area where there is a shortage of licensed teachers.
Based on these State requirements, and as reported by MDE staff to OSEP, a Tier 1 teacher may
work as a special education teacher for more than three years, which does not align with the
IDEA Part B requirement that establishes a three-year limit for the time period in which a teacher
participating in an alternate route to special education certification program may assume
functions as a teacher. See IDEA section 612(a)(14) and 34 C.F.R. § 300.156(c)(2)(i)(C).
Conclusion and Action Required: Based on OSEP’s analysis, review of State policies, and
discussions with MDE staff, OSEP finds that the State policies – specifically, Minnesota
Statutes, section 122A.181, and Minnesota Administrative Rules part 8710.0311 – do not clearly
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indicate that teachers participating in an alternate route to special education certification may
assume functions as a teacher only for a specified period of time not to exceed three years, as
required under IDEA section 612(a)(14) and 34 C.F.R. § 300.156(c)(2)(i)(C).
Within 60 days from the date of this letter, the State must submit to OSEP a corrective action
plan that includes a timeline for providing OSEP, within one year from the date of receipt of this
letter, revised policies that ensure that teachers participating in the alternate route to special
education certification assume functions as a teacher for a period not to exceed three years, as
required under IDEA section 612(a)(14) and 34 C.F.R. § 300.156(c)(2)(i)(C). As the State
updates its policies, as required under IDEA section 612(a)(14) and 34 C.F.R.
§ 300.156(c)(2)(i)(C), the State must subject its revised policies to the public participation
requirements in 34 C.F.R. § 300.165(a) and factor the timeline it will be providing in the
corrective action plan.
Unless the State has revised its policies to clearly reflect the three-year limit in IDEA section
612(a)(14) and 34 C.F.R. § 300.156(c)(2)(i)(C) by July 1, 2023, the State must select “no” for
Assurance 14 in the Federal fiscal year 2023 IDEA Part B grant application and provide a date
not later than June 30, 2024 by which the State will revise its policies to reflect the three-year
limit in order to provide the assurance.
OSEP appreciates the State’s cooperation as we follow up on this identified issue and the State’s
receptiveness to technical assistance in this area. We look forward to our continued work on this
issue. If you have any questions, please contact your State lead, Dr. Josiah Willey, at
Josiah.Willey@ed.gov.

Sincerely

Valerie C. Williams
Director
Office of Special Education Programs

cc: Sonia Smith

Director of Special Education