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HF 2103

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; modifying grounds for revocation, suspension, or denial of
a teaching license; codifying the code of ethics for teachers; amending Minnesota
Statutes 2018, sections 122A.175, subdivision 2; 122A.18, subdivision 8; 122A.20,
subdivisions 1, 2; 214.01, subdivision 3; 626.556, subdivisions 10, 11; 631.40,
subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 122A;
repealing Minnesota Rules, part 8710.2100, subparts 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 122A.175, subdivision 2, is amended to read:


Subd. 2.

Background check account.

An educator licensure background check account
is created in the special revenue fund. The deleted text beginDepartment of Education, thedeleted text end Professional
Educator Licensing and Standards Boarddeleted text begin,deleted text end and the Board of School Administrators must
deposit all payments submitted by license applicants for criminal background checks
deleted text begin conducted by the Bureau of Criminal Apprehensiondeleted text end in the educator licensure background
check account. Amounts in the account are annually appropriated to the deleted text begincommissioner of
education for payment to the superintendent of the Bureau of Criminal Apprehension
deleted text end
new text begin Professional Educator Licensing and Standards Board new text endfor the costs of background checks
on applicants for licensure.

Sec. 2.

Minnesota Statutes 2018, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must deleted text beginrequestdeleted text endnew text begin obtainnew text end a criminal history
background checknew text begin including informationnew text end from deleted text beginthe superintendentdeleted text end of the Bureau of Criminal
Apprehension on all first-time teaching applicants for licenses under their jurisdiction.
Applicants must include with their licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall recover
the cost to the bureau of a background check through the fee charged to the applicant under
paragraph (a).

deleted text begin (c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Professional
Educator Licensing and Standards Board 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; deleted text beginor
deleted text end

(5) fraud or misrepresentation in obtaining a licensenew text begin; or
new text end

new text begin (6) engagement in any sexual conduct or contact with a studentnew text end.

The written complaint must specify the nature and character of the charges.

(b) The Professional Educator Licensing and Standards Board 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 ofnew text begin:
new text end

new text begin (1)new text end child abuse, as defined in section 609.185, new text beginprovided that a conviction for a violation
of section 609.224, subdivisions 1 and 2, assault in the fifth degree, or 609.2242, subdivisions
1 and 2, domestic assault, shall not result in the automatic revocation of a teacher's license;
new text end

new text begin (2) new text endsex trafficking in the first degree under section 609.322, subdivision 1deleted text begin,deleted text endnew text begin;
new text end

new text begin (3) new text endsex trafficking in the second degree under section 609.322, subdivision 1adeleted text begin,deleted text endnew text begin;
new text end

new text begin (4)new text end engaging in hiring, deleted text beginordeleted text end agreeing to hire a minor to engage in prostitutionnew text begin, or housing
an unrelated minor engaged in prostitution
new text end under section 609.324, deleted text beginsubdivisiondeleted text end new text beginsubdivisions
new text end 1
deleted text begin,deleted text endnew text begin and 1a;
new text end

new text begin (5) new text endnew text begincriminal new text endsexual deleted text beginabusedeleted text end new text beginconduct new text endunder section 609.342, 609.343, 609.344, 609.345,new text begin
or
new text end 609.3451, subdivision 3deleted text begin, ordeleted text endnew text begin;
new text end

new text begin (6) indecent exposure under sectionnew text end 617.23, deleted text beginsubdivisiondeleted text end new text beginsubdivisions 2 and new text end3deleted text begin,deleted text endnew text begin;
new text end

new text begin (7) new text endsolicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352deleted text begin,deleted text endnew text begin;
new text end

new text begin (8)new text end interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minordeleted text begin,deleted text endnew text begin;
new text end

new text begin (9) new text endusing minors in a sexual performance under section 617.246deleted text begin,deleted text endnew text begin;
new text end

new text begin (10)new text end possessing pornographic works involving a minor under section 617.247deleted text begin,deleted text endnew text begin;new text end or

new text begin (11)new text end any other offense not listed in this paragraph that requires the person to register as
a predatory offender under section 243.166, or a crime 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) new text beginThe Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must review and may
refuse to issue, refuse to renew, or revoke a teacher's license to teach, upon receiving a
certified copy of a conviction showing that the teacher has been convicted of:
new text end

new text begin (1) a qualified, domestic violence-related offense as defined in section 609.02, subdivision
16; or
new text end

new text begin (2) embezzlement of public funds under section 609.54, clause (1) or (2).
new text end

new text begin If an offense included in clauses (1) to (2) is already included in paragraph (b), the provisions
of paragraph (b) apply to the conduct.
new text end

new text begin (e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b). The teacher's license is suspended until the licensing board completes
its disciplinary investigation and determines whether disciplinary action is necessary.
new text end

new text begin (f) new text endFor purposes of this subdivision, The Professional Educator Licensing and Standards
Board is delegated the authority to suspend or revoke coaching licenses.

Sec. 4.

Minnesota Statutes 2018, section 122A.20, subdivision 2, is amended to read:


Subd. 2.

Mandatory reporting.

(a) A school boardnew text begin, a superintendent, a charter school
board, a charter school executive director, or a charter school authorizer
new text end must report to the
Professional Educator Licensing and Standards Board, the Board of School Administrators,
or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
jurisdiction over the teacher's or administrator's license, when its teacher or administrator
is discharged or resigns from employment after a charge is filed with the school board under
section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed
that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses
(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation
is pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, or when a teacher or administrator
is suspended without an investigation under section 122A.41, subdivisions 6, paragraph (a),
clauses (1), (2), and (3), and 7; or 626.556. The report must be made to the appropriate
licensing board within ten days after the discharge, suspension, or resignation has occurred.
The licensing board to which the report is made must investigate the report for violation of
subdivision 1 and the reporting boardnew text begin, administrator, or authorizernew text end must cooperate in the
investigation. Notwithstanding any provision in chapter 13 or any law to the contrary, upon
written request from the licensing board having jurisdiction over the license, a boardnew text begin, charter
school, authorizer, charter school executive director,
new text end or school superintendent shall provide
the licensing board with information about the teacher or administrator from the district's
files, any termination or disciplinary proceeding, any settlement or compromise, or any
investigative file. Upon written request from the appropriate licensing board, a board or
school superintendent may, at the discretion of the board or school superintendent, solicit
the written consent of a student and the student's parent to provide the licensing board with
information that may aid the licensing board in its investigation and license proceedings.
The licensing board's request need not identify a student or parent by name. The consent
of the student and the student's parent must meet the requirements of chapter 13 and Code
of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
form to the district. Any data transmitted to any board under this section is private data
under section 13.02, subdivision 12, notwithstanding any other classification of the data
when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's
Office any record or data it receives under this subdivision for the sole purpose of having
the Attorney General's Office assist that board in its investigation. When the Attorney
General's Office has informed an employee of the appropriate licensing board in writing
that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
must consider suspending or revoking or decline to suspend or revoke the teacher's or
administrator's license within 45 days of receiving a stipulation executed by the teacher or
administrator under investigation or a recommendation from an administrative law judge
that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School
Administrators must report to the appropriate law enforcement authorities a revocation,
suspension, or agreement involving a loss of license, relating to a teacher or administrator's
inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
authority" means a police department, county sheriff, or tribal police department. A report
by the Professional Educator Licensing and Standards Board to appropriate law enforcement
authorities does not diminish, modify, or otherwise affect the responsibilities of a school
board or any person mandated to report abuse under section 626.556.

Sec. 5.

new text begin [122A.59] CODE OF ETHICS FOR TEACHERS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to principles that define professional
conduct. These principles are reflected in the following code of ethics, which sets forth to
the education profession and the public it serves the standards of professional conduct and
procedures for implementation. This code shall apply to all persons licensed according to
rules established by the Professional Educator Licensing and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner.
new text end

new text begin (b) A teacher must make reasonable effort to protect a student from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end

new text begin (e) A teacher must not use a professional relationship with a student, parent, or colleague
to private advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to the
teacher's own qualifications or other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make a false or malicious statement about a student
or colleague.
new text end

new text begin (j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual conduct or contact with a student.
new text end

Sec. 6.

Minnesota Statutes 2018, section 214.01, subdivision 3, is amended to read:


Subd. 3.

Non-health-related licensing board.

"Non-health-related licensing board"
means the Professional Educator Licensing and Standards Board established pursuant to
section 122A.07, new text beginthe Board of School Administrators established pursuant to section 122A.14,
new text end the Board of Barber Examiners established pursuant to section 154.001, the Board of
Cosmetologist Examiners established pursuant to section 155A.20, the Board of Assessors
established pursuant to section 270.41, the Board of Architecture, Engineering, Land
Surveying, Landscape Architecture, Geoscience, and Interior Design established pursuant
to section 326.04, the Private Detective and Protective Agent Licensing Board established
pursuant to section 326.33, the Board of Accountancy established pursuant to section
326A.02, and the Peace Officer Standards and Training Board established pursuant to section
626.841.

Sec. 7.

Minnesota Statutes 2018, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the county sheriff shall immediately notify the
tribe's social services agency and tribal law enforcement orally and in writing when a report
is received.new text begin When a police department or county sheriff determines that a child has been
the subject of physical abuse, sexual abuse, or neglect by a person licensed by the
Professional Educator Licensing and Standards Board or Board of School Administrators,
it shall, in addition to its other duties under this section, immediately inform the licensing
board. Law enforcement will work collaboratively with the board that has jurisdiction over
the matter, including sharing documents and evidence to continue the investigation.
new text end

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
endangerment, under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of its investigation or assessment.
In cases of alleged child maltreatment resulting in death, the local agency may rely on the
fact-finding efforts of a law enforcement investigation to make a determination of whether
or not maltreatment occurred. When necessary the local welfare agency shall seek authority
to remove the child from the custody of a parent, guardian, or adult with whom the child is
living. In performing any of these duties, the local welfare agency shall maintain appropriate
records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

Sec. 8.

Minnesota Statutes 2018, section 626.556, subdivision 11, is amended to read:


Subd. 11.

Records.

(a) Except as provided in paragraph (b) and subdivisions 10b, 10d,
10g, and 11b, all records concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report under this section, including
any written reports filed under subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be sent to the local police
department or the county sheriff. All records concerning determinations of maltreatment
by a facility are nonpublic data as maintained by the Department of Education, except insofar
as copies of reports are required by subdivision 7 to be sent to the local police department
or the county sheriff. Reports maintained by any police department or the county sheriff
shall be private data on individuals except the reports shall be made available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data
other than the reports. The local social services agency or agency responsible for assessing
or investigating the report shall make available to the investigating, petitioning, or prosecuting
authority, including county medical examiners or county coroners or their professional
delegates, any records which contain information relating to a specific incident of neglect
or abuse which is under investigation, petition, or prosecution and information relating to
any prior incidents of neglect or abuse involving any of the same persons. The records shall
be collected and maintained in accordance with the provisions of chapter 13. In conducting
investigations and assessments pursuant to this section, the notice required by section 13.04,
subdivision 2
, need not be provided to a minor under the age of ten who is the alleged victim
of abuse or neglect. An individual subject of a record shall have access to the record in
accordance with those sections, except that the name of the reporter shall be confidential
while the report is under assessment or investigation except as otherwise permitted by this
subdivision. Any person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter prior to the completion of the investigation
or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject of the report may compel disclosure
of the name of the reporter only with the consent of the reporter or upon a written finding
by the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under this
section must be released to the legislative auditor in order for the auditor to fulfill the auditor's
duties under section 3.971. The auditor shall maintain the data in accordance with chapter
13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined in
subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing work
within a school facility who is licensed by a board or other agency, the commissioner shall
provide deleted text beginnecessary and relevant information todeleted text end the licensing entity deleted text beginto enable the entity to
fulfill
deleted text end new text beginwith the full investigative file including but not limited to witness statements, all
documents provided by witnesses or the district, a witness list, the full and complete
maltreatment determination report including the witness name key, and other information
the licensing agency deems necessary in completing
new text endits statutory duties. new text beginUpon written request
from the appropriate licensing board, the commissioner of education may solicit the written
consent of a student and the student's parent to provide the licensing board with information
that may aid the licensing board in its investigation and license proceedings, including the
student's name.
new text endNotwithstanding section 13.03, subdivision 4, data received by a licensing
entity under this paragraph are governed by section 13.41 or other applicable law governing
data of the receiving entity, except that this section applies to the classification of and access
to data on the reporter of the maltreatment.

Sec. 9.

Minnesota Statutes 2018, section 631.40, subdivision 4, is amended to read:


Subd. 4.

Licensed teachers.

When a person is convicted of child abuse, as defined in
section 609.185deleted text begin, ordeleted text endnew text begin;new text end sexual abuse under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 617.23, subdivision 3, new text beginsex trafficking in the first degree under
section 609.322, subdivision 1; sex trafficking in the second degree under section 609.322,
subdivision 1a; engaging in hiring, or agreeing to hire a minor to engage in prostitution
under section 609.324, subdivisions 1 and 1a; exposure under section 617.23, subdivisions
2 and 3; solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352; interference with privacy under section
609.746; or stalking under section 609.749, and the victim was a minor; using minors in a
sexual performance under section 617.246; possessing pornographic works involving a
minor under section 617.247; or any other offense not listed in this paragraph that requires
the person to register as a predatory offender under section 243.166;
new text endthe court shall determine
whether the person is licensed to teach under chapter 122A. If the offender is a licensed
teacher, the court administrator shall send a certified copy of the conviction to the
Professional Educator Licensing and Standards Board or the Board of School Administrators,
whichever has jurisdiction over the teacher's license, within ten days after the conviction.

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Rules, part 8710.2100, subparts 1 and 2, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 19-3956

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.