1.1 	A bill for an act
1.2 	relating to education; requiring school boards to seek information from 
1.3 	prospective teachers and the Board of Teaching about disciplinary actions against 
1.4 	the teachers; amending Minnesota Statutes 2006, section 123B.03, subdivision 2, 
1.5 	by adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 123B.03, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 1a.Investigation of disciplinary actions taken against prospective 
1.10 	teachers. At the time a school hiring authority conducts the criminal history background 
1.11 	check required under subdivision 1 on an individual offered employment as a teacher, the 
1.12 	school hiring authority must contact the Board of Teaching to determine whether the 
1.13 	board has taken disciplinary action against the teacher based on a board determination 
1.14 	that inappropriate sexual conduct or attempted inappropriate sexual conduct occurred 
1.15 	between the teacher and a student. If disciplinary action has been taken based on this type 
1.16 	of conduct, the school hiring authority must obtain access to data that are public under 
1.17 	sections 13.41, subdivision 5, and 13.43, subdivision 2, that relate to the substance of the 
1.18 	disciplinary action. In addition, the school hiring authority must require the individual 
1.19 	to provide information in the employment application regarding all current and previous 
1.20 	disciplinary actions in Minnesota and other states taken against the individual's teaching 
1.21 	license as a result of inappropriate sexual conduct or attempted inappropriate sexual 
1.22 	conduct with a student and indicate to the applicant that intentionally submitting false or 
1.23 	incomplete information is a ground for dismissal.

1.24 	EFFECTIVE DATE. This section is effective May 1, 2009.

2.1 	Sec. 2. Minnesota Statutes 2006, section 123B.03, subdivision 2, is amended to read:
2.2 		Subd. 2.Conditional hiring; discharge. A school hiring authority may hire 
2.3 	an individual pending completion of a background check under subdivision 1 or an 
2.4 	investigation of disciplinary actions under subdivision 1a but shall notify the individual 
2.5 	that the individual's employment may be terminated based on the result of the background 
2.6 	check or investigation. A school hiring authority is not liable for failing to hire or for 
2.7 	terminating an individual's employment based on the result of a background check or 
2.8 	investigation under this section.

2.9 	EFFECTIVE DATE. This section is effective May 1, 2009.