HF 2281

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 03:06pm

A bill for an act
relating to education; requiring early education teachers to be licensed; modifying
the definition of teacher under the Public Employment Labor Relations Act;
amending Minnesota Statutes 2022, section 179A.03, subdivision 18; proposing
coding for new law in Minnesota Statutes, chapter 122A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [122A.261] PREKINDERGARTEN, SCHOOL READINESS,
PRESCHOOL, AND EARLY EDUCATION PROGRAMS; LICENSURE
REQUIREMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure requirement. new text end

new text begin A school district or charter school must employ
a qualified teacher, as defined in section 122A.16, to provide instruction in a preschool,
school readiness, school readiness plus, prekindergarten, or other school district or charter
school-based early education program.
new text end

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin A person employed by a school district or charter school as a
teacher in an early education program during the 2022-2023 school year who does not have
a Minnesota teaching license is exempt from the licensure requirement under subdivision
1 until July 1, 2027, or until the teacher is able to obtain a Minnesota teaching license,
whichever occurs first. Notwithstanding this exemption from the licensure requirement,
these individuals are teachers under section 179A.03, subdivision 18.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:

Subd. 18.

Teacher.

"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:

(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education; deleted text begin or
deleted text end

(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologist deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) in a position providing instruction to children in a preschool, school readiness, school
readiness plus, prekindergarten, or other school district or charter school-based early
education program, except that an employee in a bargaining unit certified before January
1, 2023, may remain in a bargaining unit that does not include teachers unless an exclusive
representative files a petition for a unit clarification or to transfer exclusive representative
status.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end