HF 2688

as introduced - 88th Legislature (2013 - 2014) Posted on 03/03/2014 03:15pm

A bill for an act
relating to education; providing for teacher-complaint data sharing; amending
Minnesota Statutes 2012, section 122A.20, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 122A.20, subdivision 2, is amended to read:

Subd. 2.

Mandatory reporting.

A school board must report to the Board
of Teaching, 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 board 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 board 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.

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.

new text begin Notwithstanding any provision in chapter 13 or any law to the contrary, upon
a written request by a hiring school board, the licensing board must share with the
requesting school board the details of a report made to the licensing board concerning a
teacher or administrator.
new text end