Minnesota Legislature
HF 3157
as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 04:41pm
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A bill for an act
relating to children; modifying parent notification of child maltreatment in a
school facility; requiring a mental health assessment of teachers disciplined for
child maltreatment; revoking the teaching license of repeat child maltreatment
offenders; requiring a district policy for educating employees about mandatory
child maltreatment reporting; amending Minnesota Statutes 2008, sections
122A.20, subdivision 1; 122A.40, by adding a subdivision; 122A.41, by adding
a subdivision; 626.556, subdivisions 7, 10d; proposing coding for new law in
Minnesota Statutes, chapter 123B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 122A.20, subdivision 1, is amended to
read:
Subdivision 1.
Grounds for revocation, suspension, or denial.
(a) The Board of
Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
licensure, may, on the written complaint of the school board employing a teacher, a teacher
organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
revoke a teacher's license to teach for any of the following causes:
(1) immoral character or conduct;
(2) failure, without justifiable cause, to teach for the term of the teacher's contract;
(3) gross inefficiency or willful neglect of duty;
(4) failure to meet licensure requirements; or
(5) fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character of the charges.
(b) The Board of Teaching or Board of School Administrators, whichever
has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or
automatically revoke a teacher's license to teach without the right to a hearing upon
receiving a certified copy of a conviction showing that the teacher has been convicted of
child abuse, as defined in section 609.185, sexual abuse under section 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, using minors in a
sexual performance under section 617.246, or possessing pornographic works involving a
minor under section 617.247, or under a similar law of another state or the United States.
The board shall send notice of this licensing action to the district in which the teacher is
currently employed.
(c) A person whose license to teach has been revoked, not issued, or not renewed
under paragraph (b), may petition the board to reconsider the licensing action if the
person's conviction for child abuse or sexual abuse is reversed by a final decision of the
Court of Appeals or the Supreme Court or if the person has received a pardon for the
offense. The petitioner shall attach a certified copy of the appellate court's final decision or
the pardon to the petition. Upon receiving the petition and its attachment, the board shall
schedule and hold a disciplinary hearing on the matter under section 214.10, subdivision 2,
unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
affirm its previous licensing action. If the board finds that the petitioner is not disqualified
from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.
new text begin
(e) The Board of Teaching shall revoke a person's license to teach for a period of not
less than five years if the person has been disciplined or discharged or has resigned after a
charge is filed with the school board under sections 122A.40, subdivisions 13, paragraph
(a), clause (1), and 14, and 122A.41, subdivisions 6, paragraph (a), clause (1), and 7, for
maltreatment in any school facility on two or more occasions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 2.
Minnesota Statutes 2008, section 122A.40, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Teachers; mental health screening. new text end
new text begin
After a teacher has been disciplined
for child maltreatment in a school facility, the school district shall arrange a mental health
screening for the teacher within 30 calendar days. The district shall not be required to pay
for the mental health screening.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 3.
Minnesota Statutes 2008, section 122A.41, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Teachers; mental health screening. new text end
new text begin
After a teacher has been disciplined
for child maltreatment in the school facility, the school district shall arrange a mental
health screening for the teacher within 30 calendar days. The district shall not be required
to pay for the mental health screening.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 4.
new text begin
[123B.031] DISTRICT POLICY; MANDATORY CHILD
MALTREATMENT REPORTING.
new text end
new text begin
A school board shall adopt a written policy requiring training within the first
ten working days of the school year for all district employees regarding employee
responsibility as mandatory child maltreatment reporters. The policy shall address all
aspects of maltreatment reporting such as the criminal aspects of failing to report child
abuse in the school facility. The commissioner shall maintain a model policy and make it
available to the districts.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 5.
Minnesota Statutes 2008, section 626.556, subdivision 7, is amended to read:
Subd. 7.
Report.
An oral report shall be made immediately by telephone or
otherwise. An oral report made by a person required under subdivision 3 to report shall be
followed within 72 hours, exclusive of weekends and holidays, by a report in writing to
the appropriate police department, the county sheriff, the agency responsible for assessing
or investigating the report, or the local welfare agency, unless the appropriate agency
has informed the reporter that the oral information does not constitute a report under
subdivision 10. The local welfare agency shall determine if the report is accepted for an
assessment or investigation as soon as possible but in no event longer than 24 hours
after the report is received. Any report shall be of sufficient content to identify the child,
any person believed to be responsible for the abuse or neglect of the child if the person
is known, the nature and extent of the abuse or neglect and the name and address of the
reporter. deleted text begin If requested,deleted text end The local welfare agency or the agency responsible for assessing or
investigating the report shall inform the reporternew text begin and parent, guardian, or legal custodian,new text end
within ten days after the report is made, either orally or in writing, whether the report was
accepted for assessment or investigation. Written reports received by a police department
or the county sheriff shall be forwarded immediately to the local welfare agency or the
agency responsible for assessing or investigating the report. The police department
or the county sheriff may keep copies of reports received by them. Copies of written
reports received by a local welfare department or the agency responsible for assessing or
investigating the report shall be forwarded immediately to the local police department or
the county sheriff.
A written copy of a report maintained by personnel of agencies, other than welfare
or law enforcement agencies, which are subject to chapter 13 shall be confidential. An
individual subject of the report may obtain access to the original report as provided by
subdivision 11.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 6.
Minnesota Statutes 2008, section 626.556, subdivision 10d, is amended to read:
Subd. 10d.
Notification of neglect or abuse in facility.
(a) When a report is
received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child
while in the care of a licensed or unlicensed day care facility, residential facility, agency,
hospital, sanitarium, or other facility or institution required to be licensed according to
sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B, or a school
as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in section 256B.04, subdivision 16, and
256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency investigating the report shall provide
the following information to the parent, guardian, or legal custodian of a child alleged to
have been neglected, physically abused, sexually abused, or the victim of maltreatment
of a child in the facility: the name of the facility; the fact that a report alleging neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility has been received;
the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child
in the facility; that the agency is conducting an assessment or investigation; any protective
or corrective measures being taken pending the outcome of the investigation; and that a
written memorandum will be provided when the investigation is completed.
(b) The commissioner of the agency responsible for assessing or investigating the
report or local welfare agency may also provide the information in paragraph (a) to the
parent, guardian, or legal custodian of any other child in the facility if the investigative
agency knows or has reason to believe the alleged neglect, physical abuse, sexual
abuse, or maltreatment of a child in the facility has occurred. In determining whether
to exercise this authority, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency shall consider the seriousness of the
alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the
number of children allegedly neglected, physically abused, sexually abused, or victims of
maltreatment of a child in the facility; the number of alleged perpetrators; and the length
of the investigation. The facility shall be notified whenever this discretion is exercised.
(c) When the commissioner of the agency responsible for assessing or investigating
the report or local welfare agency has completed its investigation, every parent, guardian,
or legal custodian previously notified of the investigation by the commissioner or
local welfare agency shall be provided with the following information in a written
memorandum: the name of the facility investigated; the nature of the alleged neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's
name; a summary of the investigation findings; a statement whether maltreatment was
found; and the protective or corrective measures that are being or will be taken. The
memorandum shall be written in a manner that protects the identity of the reporter and
the child and shall not contain the name, or to the extent possible, reveal the identity of
the alleged perpetrator or of those interviewed during the investigation. If maltreatment
is determined to exist, the commissioner or local welfare agency shall also provide the
written memorandum to the parent, guardian, or legal custodian of each child in the facility
who had contact with the individual responsible for the maltreatment. When the facility is
the responsible party for maltreatment, the commissioner or local welfare agency shall also
provide the written memorandum to the parent, guardian, or legal custodian of each child
who received services in the population of the facility where the maltreatment occurred.
This notification must be provided to the parent, guardian, or legal custodian of each child
receiving services from the time the maltreatment occurred until either the individual
responsible for maltreatment is no longer in contact with a child or children in the facility
or the conclusion of the investigation. In the case of maltreatment within a school facility,
as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10, the commissioner
of education need not provide notification to parents, guardians, or legal custodians of each
child in the facility, but deleted text begin maydeleted text end new text begin shall, within ten days after the investigation is completed,new text end
provide new text begin written new text end notification to the parent, guardian, or legal custodian of any student
alleged to have been maltreated deleted text begin ordeleted text end new text begin . The commissioner of education may notify the parent,
guardian, or legal custodian of any studentnew text end involved as a witness to alleged maltreatment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end