ISD 273 - Edina Public Schools

ISD 273 - Edina Public Schools 

Chinese Teacher Zhuo Wang 

Zhuo Wang teaches at South View Middle School on "A" days and Valley View Middle School on "B" days. She has been teaching for ISD 273 - Edina Public Schools since 2012. Initially she taught as a non-licensed community expert (NLCE) for the first three years. On the NLCE application filed with the Minnesota Department of Education it clearly states on page 1 that she is working on temporary work visa issued by the U.S. government. This fall it will be her 7th year with the school district. Under the H-1B visa program temporary non-immigrant workers may be employed up to six years. Her current Labor Condition Application (LCA) is valid through September 2020. 

(Zhuo Wang) has taught at middle level for the past 2 years (2012-2014). Teaching all level 1 and level 2 classes. Also taught Chinese at Cathedral High School during 2011-2012. Student taught at Madison Elementary School Chinese Immersion program in Spring 2012 (one semester). Practicum at South Junior High School in fall 2011 (one semester). Field experience at Lincoln Elementary School in spring 2011 (one semester) 

The 1924 Immigration Act ^[3] made obtaining a visa under a false name or submitting false evidence in support of a visa application a federal crime. 

Year #	Name	School Year	School District	Licensure	LCA Application
1	Zhuo Wang	2012-2013	ISD 273 - Edina	Community Expert
2	Zhuo Wang	2013-2014	ISD 273 - Edina	Community Expert
3	Zhuo Wang	2014-2015	ISD 273 - Edina	Community Expert	I-200-14065-817331
4	Zhuo Wang	2015-2016	ISD 273 - Edina	Licensed Teacher	I-200-14065-817331
5	Zhuo Wang	2016-2017	ISD 273 - Edina	Licensed Teacher	I-200-14065-817331
6	Zhuo Wang	2017-2018	ISD 273 - Edina	Licensed Teacher	I-200-17054-289194
7	Zhuo Wang	2018-2019	ISD 273 - Edina	Licensed Teacher	I-200-17054-289194
8	Zhuo Wang	2019-2020	ISD 273 - Edina	Licensed Teacher	I-200-17054-289194

According to instructions for completing ETA 9035 – Labor Condition Application for H-1B Non-immigrants it clearly states, “To knowingly furnish any false information in the preparation of this form and any supporting documentation thereto, or to aid, abet or counsel another to do so is a felony, punishable by $10,000 fine or five years in the penitentiary, or both (18 U.S.C. 1001). Other penalties apply as well to fraud or misuse of this immigration document (U.S.C. 1546) and to perjury with respect to this form (18 U.S.C. 1546 and 1621).”

The 1924 Immigration Act ^[3] made obtaining a visa under a false name or submitting false evidence in support of a visa application a federal crime. 

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY 

Sec. 212. [8 U.S.C. 1182]

C) Misrepresentation.- 

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

1907. Title 8, U.S.C. § 1324(a) Offenses 

Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

	Employer	LCA Case Number	Position	Type	Start Date	End Date	# of Workers
1	ISD 273	I-200-17054-289194	Chinese Language & Culture	Continuation	10/01/2017	9/30/2020	1
2	ISD 273	I-200-14065-817331	Chinese Language & Culture	Continuation	10/01/2014	9/30/2017	1

Year	District	School District	Name	Lane	Salary
12-13	ISD 273	Edina Public Schools	Zhuo Wang	BA	$26,902
13-14	ISD 273	Edina Public Schools	Zhuo Wang	MA	$36,703
14-15	ISD 273	Edina Public Schools	Zhuo Wang	MA60/SPEC/PHD	$35,773
15-16	ISD 273	Edina Public Schools	Zhuo Wang	MA60/SPEC/PHD	$48,436
16-17	ISD 273	Edina Public Schools	Zhuo Wang	MA60/SPEC/PHD	$45,435
17-18	ISD 273	Edina Public Schools	Zhuo Wang	MA60/SPEC/PHD	$51,217

License 480950 Detail

License Information

Note: Due to a statutory requirement, many licenses were extended by one-year. Please refer to the license details section for the most current expiration date. The expiration date on the license PDF may not have updated.

Note: As of July 1, 2018 Minnesota moved to a tiered Licensure structure for teacher licensure. Licenses issued after this date were issued as or converted to a tiered license.

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Issued To:                          ZHUO WANG 

File Folder Number:       480950

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Standard License Detail

Student Level	Scope	Function Code	Function Description	Recommending Institution	Expiration Date
K-12	FULL TIME	060203	CHINESE	SAINT CLOUD STATE UNIVERSITY	06/30/2020
If you have been or are currently employed by a Minnesota school district, renewal of this license will require completion of 125 clock hours verified by the district's local continuing education committee. If you do not live in Minnesota and have never been employed in Minnesota, you may renew your license by submitting an official transcript verifying 12 quarter or 8 semester credits in the licensure area(s) or in general education courses. These credits must have been earned within the five year period immediately preceding the renewal. Both of the renewal options indicated above must include the specific professional development requirements in rules that are in effect at the time of renewal. This license may be revoked based on the results of the background check.

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Special Permission Detail

District	Approval Type	Date Approved	Begin Date	End Date	Function Code	Function Description	Student Level
0273-01	Community Expert	03/14/2014	09/01/2014	06/30/2015	060203	CHINESE	K-8
0273-01	Community Expert	07/12/2013	09/01/2013	06/30/2014	060203	CHINESE	K-8
0273-01	Community Expert	08/10/2012	08/27/2012	06/30/2013	060203	CHINESE	K-12

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Historical Application Detail

License Type	Date Registered	Status	Date of Action
Standard	05/21/2014	Issued	05/23/2014

As stated above, Zhuo Wang taught as a non-licensed community expert (NLCE) for the first three years.

A Non-Licensed Community Expert (NLCE) is defined as: A special permission granted to a school district to hire an individual who is not a licensed teacher, but has a specific area of expertise related to the teaching assignment. A bachelor’s degree is not required. Used in circumstances for when a teaching license does not exist, or when used to fill a teaching vacancy when no fully licensed teacher is available. NLCE may be renewed annually with no limit on the number of years. 

What is interesting to note, special permissions are normally granted after July 1. The H-1B visa season officially starts several months earlier than this so an increasing number of school districts have requested early approval of Non-Licensed Community Expert applications the past several years. 

Looking at Special Permission Details for other H-1B workers we can clearly see the three-year H-1B visa cycle. Early requests for NLCE applications are made during visa renewal years. 

Example 1 - Special Permission Detail

District	Approval Type	Date Approved	Begin Date	End Date	Function Code	Function Description	Student Level
4140-07	Community Expert	04/26/2018	08/15/2018	06/30/2019	060203	CHINESE	K-12
4140-07	Community Expert	04/07/2017	08/15/2017	06/30/2018	060203	CHINESE	K-12
4140-07	Community Expert	09/09/2016	08/29/2016	06/30/2017	060203	CHINESE	K-12
4140-07	Community Expert	10/09/2015	09/02/2015	06/30/2016	060203	CHINESE	K-8
4140-07	Community Expert	11/14/2014	11/01/2014	08/15/2015	060203	CHINESE	K-12
4140-07	Community Expert	04/11/2014	08/25/2014	06/30/2015	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	09/16/2013	09/01/2013	06/30/2014	180100	ELEMENTARY EDUCATION	K-6

Example 2 - Special Permission Detail

District	Approval Type	Date Approved	Begin Date	End Date	Function Code	Function Description	Student Level
0270-01	Community Expert	07/01/2018	08/31/2018	08/31/2019	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	04/07/2017	08/15/2017	06/30/2018	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	09/09/2016	08/29/2016	06/30/2017	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	10/09/2015	09/02/2015	06/30/2016	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	04/11/2014	08/25/2014	06/30/2015	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	09/16/2013	09/01/2013	06/30/2014	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	06/15/2012	08/15/2012	06/30/2013	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	08/04/2011	08/04/2011	06/30/2012	180100	ELEMENTARY EDUCATION	K-6

Example 3 - Special Permission Detail

District	Approval Type	Date Approved	Begin Date	End Date	Function Code	Function Description	Student Level
0276-01	Community Expert	04/25/2018	03/01/2018	06/30/2019	180100	ELEMENTARY EDUCATION	K-6
0276-01	Community Expert	03/10/2017	03/01/2017	06/30/2018	180100	ELEMENTARY EDUCATION	K-6
0276-01	Community Expert	06/10/2016	07/01/2016	06/30/2017	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	10/09/2015	09/02/2015	06/30/2016	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	04/11/2014	08/25/2014	06/30/2015	180100	ELEMENTARY EDUCATION	K-6
4140-07	Community Expert	09/16/2013	09/01/2013	06/30/2014	180100	ELEMENTARY EDUCATION	K-6

And if we look at Zhuo Wang's Special Permission Detail below, we can see that this holds true for her Special Permission Detail. An early request was made and approved on March 14, 2014, which correlates with her Labor Condition Application, which was approved on June 9, 2014.

Zhuo Wang - Special Permission Detail

District	Approval Type	Date Approved	Begin Date	End Date	Function Code	Function Description	Student Level
0273-01	Community Expert	03/14/2014	09/01/2014	06/30/2015	060203	CHINESE	K-8
0273-01	Community Expert	07/12/2013	09/01/2013	06/30/2014	060203	CHINESE	K-8
0273-01	Community Expert	08/10/2012	08/27/2012	06/30/2013	060203	CHINESE	K-12

Granting early approvals, however, is a bit problematic. 

According to the Permissions Issued by Board of Teaching it clearly states on page five:

"The Minnesota Board of Teaching may grant special permission to districts, allowing an individual to teach in subject content areas for which they may not be fully licensed when a school district has attempted, but is unable to hire a fully licensed teacher. Special permissions include variances, waivers and non-licensed community expert permissions. The following permissions are applied for via the Special Permission System (http://mn.gov/board-of-teaching/beaneducator/permissions/) by a Minnesota school district or charter school and are granted by the Board of Teaching (community experts, waivers, and discretionary variances are granted monthly). Permission requests must be submitted after July 1 of the school year for which it is requested and are valid for one school year or a portion of a school year from the date of state approval."

Thus, the Minnesota Board of Teaching failed to comply with its own policy. 

Normandale French Immersion School 

- under construction - 

Edina Public Schools 

John W. Schultz, Ph.D.

      Superintendent 

5701 Normandale Road 

Edina, MN 55424

            https://www.edinaschools.org

Tel. 952-848-3900 Main Line

superintendent@edinaschools.org

ISD 273 - Edina Public Schools Bargaining Unit

Education Minnesota/Edina

Edina High School

6754 Valley View

Edina, MN 55439

 

Local Number 07075-0 

 Phone Number 952-848-3084

Legal Counsel 

Jeanne Glader Kildow

Borene Law Firm
3950 IDS Center 

Minneapolis, MN 55402

Tel. 612-321-0082