SF 1386

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:56am

A bill for an act
relating to education; requiring school readiness teachers to be licensed;
clarifying teacher licensure requirements for early childhood family education
programs; clarifying the definition of teacher; amending Minnesota Statutes
2014, sections 122A.26, subdivision 2; 122A.60, subdivision 1; 124D.13,
subdivision 11; 124D.15, subdivision 3; 179A.03, subdivision 14; proposing
coding for new law in Minnesota Statutes, chapter 124D.

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

Section 1.

Minnesota Statutes 2014, section 122A.26, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

A person who teaches in a community education program
which qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family
education program which is offered through a community education program and which
qualifies for community education aid pursuant to section 124D.20 or early childhood
and family education aid pursuant to section 124D.135 shall continue to meet licensure
requirements as a teacher. A person who teaches in a community education course which
is offered for credit for graduation to persons under 18 years of age shall continue to meet
licensure requirements as a teacher. A person who teaches a driver training course which
is offered through a community education program to persons under 18 years of age shall
be licensed by the Board of Teaching or be subject to section 171.35. deleted text begin A license which is
required for an instructor in a community education program pursuant to this subdivision
shall not be construed to bring an individual within the definition of a teacher for purposes
of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 122A.60, subdivision 1, is amended to read:

Subdivision 1.

Staff development committee.

A school board must use the revenue
authorized in section 122A.61 for in-service education for programs under section
120B.22, subdivision 2, or for staff development plans under this section. The board
must establish an advisory staff development committee to develop the plan, assist site
professional development teams in developing a site plan consistent with the goals of the
plan, and evaluate staff development efforts at the site level. A majority of the advisory
committee and the site professional development team must be teachers representing
various grade levels, subject areas, and special education. The advisory committee must
also include nonteaching staff, parents, and administrators. new text begin "Teacher" under this section
includes all individuals classified as teachers under section 179A.03.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 124D.13, subdivision 11, is amended to read:

Subd. 11.

Teachers.

A school board must employ deleted text begin necessary deleted text end licensed teachers for its
early childhood family education programs. deleted text begin The Board of Teaching, at its discretion, may
grant an applicant a variance under this subdivision, consistent with sections 122A.09,
subdivision 10, and 122A.25, and Board of Teaching rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 4.

Minnesota Statutes 2014, section 124D.15, subdivision 3, is amended to read:

Subd. 3.

Program requirements.

A school readiness program provider must:

(1) assess each child's cognitive and language skills with a comprehensive child
assessment instrument when the child enters and again before the child leaves the program
to improve program planning and implementation, communicate with parents, and
promote kindergarten readiness;

(2) provide comprehensive program content and intentional instructional practice
aligned with the state early childhood learning guidelines and kindergarten standards and
based on early childhood research and professional practice that is focused on children's
cognitive, social, emotional, and physical skills and development and prepares children
for the transition to kindergarten, including early literacy and language skills;

(3) coordinate appropriate kindergarten transition with parents and kindergarten
teachers;

(4) involve parents in program planning and decision making;

(5) coordinate with relevant community-based services;

(6) cooperate with adult basic education programs and other adult literacy programs;

(7) ensure staff-child ratios of one-to-ten and maximum group size of 20 children
with the first staff required to be a teacher; and

(8) have new text begin licensed new text end teachers knowledgeable in early childhood curriculum content,
assessment, native and English language development programs, and instruction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end

Sec. 5.

new text begin [124D.161] PREKINDERGARTEN INSTRUCTION.
new text end

new text begin Teachers in school district prekindergarten programs must hold a valid Minnesota
teaching license.
new text end

Sec. 6.

Minnesota Statutes 2014, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee"
means any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per
week or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees whose positions are basically temporary or seasonal in character and:
(i) are not for more than 67 working days in any calendar year; or (ii) are not for more
than 100 working days in any calendar year and the employees are under the age of 22, are
full-time students enrolled in a nonprofit or public educational institution prior to being
hired by the employer, and have indicated, either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an intention
to continue as students during or after their temporary employment;

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3,
except that employees of charitable hospitals as defined by section 179.35, subdivision 3,
are public employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) full-time undergraduate students employed by the school which they attend
under a work-study program or in connection with the receipt of financial aid, irrespective
of number of hours of service per week;

(10) an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;

(11) an individual hired by the Board of Trustees of the Minnesota State Colleges
and Universities to teach one course for three or fewer credits for one semester in a year;

(12) with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees;

(13) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) and (6):

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community
education instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty
member who is a public employee, where the replacement employee is employed more
than 30 working days as a replacement for that teacher or faculty member; or (ii) to take a
teaching position created due to increased enrollment, curriculum expansion, courses which
are a part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that
same position has already been filled under paragraph (a), clause (6), item (i), in the same
calendar year and the cumulative number of days worked in that same position by all
employees exceeds 67 calendar days in that year. For the purpose of this paragraph, "same
position" includes a substantially equivalent position if it is not the same position solely
due to a change in the classification or title of the position; and

(3) an early childhood family education new text begin , prekindergarten, or school readiness new text end
teacher employed by a school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2015-2016 school year and
later.
new text end