1.1                          A bill for an act 
  1.2             relating to education; implementing the 
  1.3             recommendations of the working group convened to 
  1.4             consider a central depository of employment data on 
  1.5             licensed educational personnel; appropriating money; 
  1.6             amending Minnesota Statutes 1998, sections 122A.09, by 
  1.7             adding a subdivision; 122A.20, subdivision 2; 124D.10, 
  1.8             subdivision 8; 127A.16; 127A.17; proposing coding for 
  1.9             new law in chapters 123B; and 127A. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 122A.09, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 11.  [STANDARD STATEWIDE APPLICATION FOR EMPLOYMENT 
  1.14  FORM.] The board shall develop a standard statewide application 
  1.15  for employment form that school districts must provide to all 
  1.16  prospective employees who are licensed educational personnel to 
  1.17  complete and sign under section 123B.215, subdivision 2.  The 
  1.18  standard form must permit districts to make modifications by 
  1.19  including supplementary provisions that are consistent with the 
  1.20  form.  The application form must contain a consent provision 
  1.21  whereby the prospective employee consents to the release of all 
  1.22  information about the employee that is contained within the 
  1.23  definition of personnel data under section 13.43.  The 
  1.24  application form also must notify the prospective employee that 
  1.25  the school district has the right to release or gain access to 
  1.26  personnel data as defined in section 13.43.  The application 
  1.27  form must: 
  2.1      (1) ensure that information requested of prospective 
  2.2   employees is consistent with applicable law; 
  2.3      (2) assist in collecting employment data in a uniform 
  2.4   format under section 127A.16 or 127A.17; and 
  2.5      (3) streamline the application process for prospective 
  2.6   district employees who are licensed educational personnel. 
  2.7      Sec. 2.  Minnesota Statutes 1998, section 122A.20, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [MANDATORY REPORTING.] A school board must report 
  2.10  to the board of teaching, the state board of education, or the 
  2.11  board of trustees of the Minnesota state colleges and 
  2.12  universities, whichever has jurisdiction over the teacher's 
  2.13  license, when its teacher is discharged or resigns from 
  2.14  employment after a charge is filed with the school board under 
  2.15  section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 
  2.16  7, or after charges are filed that are ground for discharge 
  2.17  under section 122A.40, subdivision 13, clauses (a), (b), (c), 
  2.18  (d), and (e), or when a teacher is suspended or resigns while an 
  2.19  investigation is pending under section 122A.40, subdivision 13, 
  2.20  clauses (a), (b), (c), (d), and (e); 122A.41, subdivisions 6, 
  2.21  clauses (1), (2), and (3), and 7; or 626.556.  The requirement 
  2.22  to report includes probationary teachers and school 
  2.23  superintendents in addition to continuing contract teachers.  
  2.24  The requirement to report when a teacher is discharged or 
  2.25  resigns also applies to the board of directors or the operators 
  2.26  of a charter school under section 124D.10.  The report must be 
  2.27  made to the appropriate licensing board within ten days after 
  2.28  the discharge, suspension, or resignation has occurred.  The 
  2.29  licensing board to which the report is made must investigate the 
  2.30  report for violation of subdivision 1 and the reporting board 
  2.31  must cooperate in the investigation.  Notwithstanding any 
  2.32  provision in chapter 13 or any law to the contrary, upon written 
  2.33  request from the licensing board having jurisdiction over the 
  2.34  teacher's license, a board or school superintendent shall 
  2.35  provide the licensing board with information about the teacher 
  2.36  from the district's files, any termination or disciplinary 
  3.1   proceeding, any settlement or compromise, or any investigative 
  3.2   file.  Upon written request from the appropriate licensing 
  3.3   board, a board or school superintendent may, at the discretion 
  3.4   of the board or school superintendent, solicit the written 
  3.5   consent of a student and the student's parent to provide the 
  3.6   licensing board with information that may aid the licensing 
  3.7   board in its investigation and license proceedings.  The 
  3.8   licensing board's request need not identify a student or parent 
  3.9   by name.  The consent of the student and the student's parent 
  3.10  must meet the requirements of chapter 13 and Code of Federal 
  3.11  Regulations, title 34, section 99.30.  The licensing board may 
  3.12  provide a consent form to the district.  Any data transmitted to 
  3.13  any board under this section is private data under section 
  3.14  13.02, subdivision 12, notwithstanding any other classification 
  3.15  of the data when it was in the possession of any other agency. 
  3.16     The licensing board to which a report is made must transmit 
  3.17  to the attorney general's office any record or data it receives 
  3.18  under this subdivision for the sole purpose of having the 
  3.19  attorney general's office assist that board in its 
  3.20  investigation.  When the attorney general's office has informed 
  3.21  an employee of the appropriate licensing board in writing that 
  3.22  grounds exist to suspend or revoke a teacher's license to teach, 
  3.23  that licensing board must consider suspending or revoking or 
  3.24  decline to suspend or revoke the teacher's license within 45 
  3.25  days of receiving a stipulation executed by the teacher under 
  3.26  investigation or a recommendation from an administrative law 
  3.27  judge that disciplinary action be taken.  
  3.28     Sec. 3.  [123B.215] [DUTY TO REPORT EMPLOYMENT DATA; 
  3.29  STANDARD EMPLOYMENT APPLICATION FORM; IMMUNITY FROM LIABILITY.] 
  3.30     Subdivision 1.  [DUTY TO REPORT EMPLOYMENT 
  3.31  DATA.] Consistent with section 127A.16 or 127A.17, all 
  3.32  districts, including charter schools, annually must report to 
  3.33  the department the employment data on licensed educational 
  3.34  personnel, including short-call substitute teachers, employed by 
  3.35  the district as of October 1 of the current school year.  
  3.36  Districts also must report to the department any changes in the 
  4.1   employment status of licensed educational personnel within ten 
  4.2   calendar days of the date when the change occurs.  Employment 
  4.3   status changes include newly hired personnel and terminations 
  4.4   and resignations of currently employed personnel. 
  4.5      Subd. 2.  [STANDARD STATEWIDE APPLICATION FOR EMPLOYMENT 
  4.6   FORM.] Districts must provide to all prospective employees who 
  4.7   are licensed educational personnel a standard statewide 
  4.8   application for employment form to complete and sign that the 
  4.9   board of teaching develops under section 122A.09, subdivision 
  4.10  11.  A district may amend the standard form by including 
  4.11  supplementary provisions that are consistent with the form.  The 
  4.12  application form must contain a consent provision whereby the 
  4.13  prospective employee consents to the release of all information 
  4.14  about the employee that is contained within the definition of 
  4.15  personnel data under section 13.43.  The application form also 
  4.16  must notify the prospective employee that the school district 
  4.17  has the right to release or gain access to personnel data as 
  4.18  defined in section 13.43. 
  4.19     Subd. 3.  [IMMUNITY FROM LIABILITY FOR RELEASING 
  4.20  INFORMATION.] A school board, its members in their official 
  4.21  capacity, and employees of the district run by the board are 
  4.22  immune from civil or criminal liability for releasing or gaining 
  4.23  access to information about an employee related to the 
  4.24  employment application process where the information is released 
  4.25  or acquired in good faith and with due care, and comes within 
  4.26  the definition of personnel data under section 13.43. 
  4.27     Sec. 4.  Minnesota Statutes 1998, section 124D.10, 
  4.28  subdivision 8, is amended to read: 
  4.29     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
  4.30  school shall meet all applicable state and local health and 
  4.31  safety requirements. 
  4.32     (b) A school sponsored by a school board may be located in 
  4.33  any district, unless the school board of the district of the 
  4.34  proposed location disapproves by written resolution.  If such a 
  4.35  board denies a request to locate within its boundaries a charter 
  4.36  school sponsored by another school board, the sponsoring school 
  5.1   board may appeal to the state board.  If the state board 
  5.2   authorizes the school, the state board must sponsor the school.  
  5.3      (c) A charter school must be nonsectarian in its programs, 
  5.4   admission policies, employment practices, and all other 
  5.5   operations.  A sponsor may not authorize a charter school or 
  5.6   program that is affiliated with a nonpublic sectarian school or 
  5.7   a religious institution. 
  5.8      (d) Charter schools must not be used as a method of 
  5.9   providing education or generating revenue for students who are 
  5.10  being home-schooled. 
  5.11     (e) The primary focus of a charter school must be to 
  5.12  provide a comprehensive program of instruction for at least one 
  5.13  grade or age group from five through 18 years of age.  
  5.14  Instruction may be provided to people younger than five years 
  5.15  and older than 18 years of age. 
  5.16     (f) A charter school may not charge tuition. 
  5.17     (g) A charter school is subject to and must comply with 
  5.18  chapter 363 and section 121A.04. 
  5.19     (h) A charter school is subject to and must comply with The 
  5.20  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
  5.21  Minnesota Public School Fee law, sections 123B.34 to 123B.39. 
  5.22     (i) A charter school is subject to the same financial 
  5.23  audits, audit procedures, and audit requirements as a district.  
  5.24  The audit must be consistent with the requirements of sections 
  5.25  123B.75 to 123B.83, except to the extent deviations are 
  5.26  necessary because of the program at the school.  The department 
  5.27  of children, families, and learning, state auditor, or 
  5.28  legislative auditor may conduct financial, program, or 
  5.29  compliance audits. 
  5.30     (j) A charter school is a district for the purposes of tort 
  5.31  liability under chapter 466.  
  5.32     (k) Consistent with the mandatory reporting requirements in 
  5.33  section 122A.20, subdivision 2, the board of directors or 
  5.34  operators of a charter school must report to the state board of 
  5.35  teaching, the state board of education, or the board of trustees 
  5.36  of the Minnesota state colleges and universities, whichever has 
  6.1   jurisdiction over the teacher's license, when a probationary or 
  6.2   continuing contract teacher is discharged or resigns employment. 
  6.3      Sec. 5.  [127A.12] [ACCOUNT TO IMPLEMENT AND MAINTAIN 
  6.4   DEPOSITORY OF EMPLOYMENT DATA.] 
  6.5      A general fund depository of employment data account is 
  6.6   created to provide the commissioner with continuous annual 
  6.7   funding to implement and maintain a depository of employment 
  6.8   data on licensed educational personnel, consistent with section 
  6.9   127A.16 or 127A.17.  There is annually appropriated $226,000 
  6.10  from the general fund to this account.  The commissioner may use 
  6.11  the funds in this account to: 
  6.12     (1) implement the depository; 
  6.13     (2) train local school district staff on reporting 
  6.14  employment data using a web-based application; 
  6.15     (3) maintain the new system and applications that are used 
  6.16  against the source data; and 
  6.17     (4) establish a monitoring function to audit school 
  6.18  district staff data for completeness, accuracy, and timeliness. 
  6.19     Sec. 6.  Minnesota Statutes 1998, section 127A.16, is 
  6.20  amended to read: 
  6.21     127A.16 [UNIFORM SYSTEMS OF RECORDS AND OF ACCOUNTING; 
  6.22  STATE BOARD.] 
  6.23     Subdivision 1.  [UNIFORM SYSTEM OF RECORDS REQUIRED.] The 
  6.24  state board shall prepare a uniform system of records for public 
  6.25  schools, require reports from superintendents and principals of 
  6.26  schools, teachers, school officers, and the chief officers of 
  6.27  public and other educational institutions, to give such facts as 
  6.28  it may deem of public value.  Beginning in fiscal year 1977, all 
  6.29  reports required of school districts by the state board shall be 
  6.30  in conformance with the uniform financial accounting and 
  6.31  reporting system.  With the cooperation of the state auditor, 
  6.32  the state board shall establish and carry into effect a uniform 
  6.33  system of accounting by public school officers and it shall have 
  6.34  authority to supervise and examine the accounts and other 
  6.35  records of all public schools. 
  6.36     Subd. 2.  [CENTRAL DATABASE; EMPLOYED LICENSED PERSONNEL.] 
  7.1   The state board shall develop, maintain, and monitor an 
  7.2   up-to-date reporting system on all licensed education personnel 
  7.3   employed in Minnesota public school districts, including charter 
  7.4   schools.  Consistent with section 123B.215, the state board 
  7.5   shall specify the date by which school districts annually must 
  7.6   report employment data, which shall be based on the employment 
  7.7   status of district employees as of October 1 of the current 
  7.8   school year.  Districts must report changes in the employment 
  7.9   status of educational personnel throughout the year; such 
  7.10  changes must be reported within ten days of the date on which 
  7.11  the change occurred.  The commissioner shall link existing 
  7.12  databases containing information on the employment and licensure 
  7.13  history of licensed education personnel to accomplish this 
  7.14  purpose. 
  7.15     Sec. 7.  Minnesota Statutes 1998, section 127A.17, is 
  7.16  amended to read: 
  7.17     127A.17 [UNIFORM SYSTEMS OF RECORDS AND OF ACCOUNTING; 
  7.18  COMMISSIONER.] 
  7.19     Subdivision 1.  [UNIFORM SYSTEMS OF RECORDS REQUIRED.] The 
  7.20  commissioner of children, families, and learning shall prepare a 
  7.21  uniform system of records for public schools and require reports 
  7.22  from superintendents and principals of schools, teachers, school 
  7.23  officers, and the chief officers of public and other educational 
  7.24  institutions to give such facts as it may deem of public value.  
  7.25  All reports required of school districts by the commissioner 
  7.26  shall be in conformance with the uniform financial accounting 
  7.27  and reporting system.  With the cooperation of the state 
  7.28  auditor, the commissioner shall establish and carry into effect 
  7.29  a uniform system of accounting by public school officers and 
  7.30  shall have authority to supervise and examine the accounts and 
  7.31  other records of all public schools. 
  7.32     Subd. 2.  [CENTRAL DATABASE; EMPLOYED LICENSED PERSONNEL.] 
  7.33  The commissioner shall develop, maintain, and monitor an 
  7.34  up-to-date reporting system on all licensed education personnel 
  7.35  employed in Minnesota public school districts, including charter 
  7.36  schools.  Consistent with section 123B.215, the commissioner 
  8.1   shall specify the date by which school districts annually must 
  8.2   report employment data, which shall be based on the employment 
  8.3   status of district employees as of October 1 of the current 
  8.4   school year.  Districts must report changes in the employment 
  8.5   status of educational personnel throughout the year; such 
  8.6   changes must be reported within ten days of the date on which 
  8.7   the change occurred.  The commissioner shall link existing 
  8.8   databases containing information on the employment and licensure 
  8.9   history of licensed education personnel to accomplish this 
  8.10  purpose. 
  8.11     Sec. 8.  [APPROPRIATIONS.] 
  8.12     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  8.13  LEARNING.] The sums indicated in this section are appropriated 
  8.14  from the general fund to the department of children, families, 
  8.15  and learning for the fiscal years designated. 
  8.16     Subd. 2.  [WEB-BASED APPLICATION.] For developing a 
  8.17  web-based application and redesigning existing databases to 
  8.18  integrate staff and licensure data maintained by the department 
  8.19  of children, families, and learning under Minnesota Statutes, 
  8.20  section 127A.16 or 127A.17: 
  8.21         $270,000     .....     2000
  8.22     Subd. 3.  [ONGOING FUNDING FOR IMPLEMENTING AND MAINTAINING 
  8.23  A DEPOSITORY OF EMPLOYMENT DATA.] For implementing and 
  8.24  maintaining a depository of employment data on licensed 
  8.25  educational personnel under Minnesota Statutes, section 127A.12: 
  8.26         $226,000     .....     2001
  8.27     Sec. 9.  [APPROPRIATION; STATE BOARD OF TEACHING.] 
  8.28     $25,000 is appropriated from the general fund to the state 
  8.29  board of teaching in fiscal year 2000 for developing and 
  8.30  disseminating guidelines and sponsoring training opportunities 
  8.31  that help realize the purposes of this act. 
  8.32     Sec. 10.  [EFFECTIVE DATE.] 
  8.33     Sections 1 to 7 are effective the day following final 
  8.34  enactment.  Sections 8 and 9 are effective July 1, 1999.