SF 2597

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; requiring school boards to seek information from
prospective teachers and the Board of Teaching about disciplinary actions against
the teachers; amending Minnesota Statutes 2006, section 123B.03, subdivision 2,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 123B.03, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Investigation of disciplinary actions taken against prospective
teachers. new text end

new text begin At the time a school hiring authority conducts the criminal history background
check required under subdivision 1 on an individual offered employment as a teacher, the
school hiring authority must contact the Board of Teaching to determine whether the
board has taken disciplinary action against the teacher based on a board determination
that inappropriate sexual conduct or attempted inappropriate sexual conduct occurred
between the teacher and a student. If disciplinary action has been taken based on this type
of conduct, the school hiring authority must obtain access to data that are public under
sections 13.41, subdivision 5, and 13.43, subdivision 2, that relate to the substance of the
disciplinary action. In addition, the school hiring authority must require the individual
to provide information in the employment application regarding all current and previous
disciplinary actions in Minnesota and other states taken against the individual's teaching
license as a result of inappropriate sexual conduct or attempted inappropriate sexual
conduct with a student and indicate to the applicant that intentionally submitting false or
incomplete information is a ground for dismissal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:

Subd. 2.

Conditional hiring; discharge.

A school hiring authority may hire
an individual pending completion of a background check under subdivision 1 new text begin or an
investigation of disciplinary actions under subdivision 1a new text end but shall notify the individual
that the individual's employment may be terminated based on the result of the background
check new text begin or investigation new text end . A school hiring authority is not liable for failing to hire or for
terminating an individual's employment based on the result of a background check new text begin or
investigation new text end under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
new text end