HF 3489

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/18/2026 01:00 p.m.

A bill for an act
relating to education; establishing a field trip policy; requiring reporting to licensing
boards; establishing the criminal offense of grooming; amending Minnesota Statutes
2024, sections 122A.20, subdivisions 1, 2; 260E.15; 260E.28, subdivision 1;
609.352, subdivisions 1, 4, by adding subdivisions; Minnesota Statutes 2025
Supplement, sections 260E.065, by adding a subdivision; 260E.20, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

new text begin [121A.613] FIELD TRIPS.
new text end

new text begin (a) A school employee, independent contractor, or volunteer must not be alone with a
student outside the presence of other persons during a field trip, including a field trip with
an overnight stay.
new text end

new text begin (b) This section does not apply:
new text end

new text begin (1) to a student for whom the school has an individualized family service plan, an
individualized education program, or a 504 plan in effect that documents the need for the
child to be alone with a school employee, independent contractor, or volunteer;
new text end

new text begin (2) in an emergency, to address the health or safety of the student or other persons; or
new text end

new text begin (3) when the student's parent has consented to the student being alone with a school
employee, independent contractor, or volunteer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2024, 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; or

(5) fraud or misrepresentation in obtaining a license.

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 of child abuse, as defined in section 609.185, sex 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, subdivision 1, sexual abuse under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, solicitation
of children to engage in sexual conduct or communication of sexually explicit materials to
children new text begin , or grooming new text end under section 609.352, interference with privacy under section 609.746
or harassment 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, 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) For purposes of this subdivision, the Professional Educator Licensing and Standards
Board is delegated the authority to suspend or revoke coaching licenses.

Sec. 3.

Minnesota Statutes 2024, section 122A.20, subdivision 2, is amended to read:

Subd. 2.

Mandatory reporting.

(a) A school board, superintendent, charter school
board, charter school executive director, or charter school authorizer 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, paragraph (a), 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), or chapter 260E; or 122A.41, subdivisions 6, clauses (1), (2), and (3),
and 7; 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 chapter 260E.
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,
administrator, or authorizer 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, charter school, authorizer, charter school
executive director, 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 chapter 260E.

new text begin (d) A police department or county sheriff must notify the appropriate licensing board
when a teacher is criminally charged with an offense listed in subdivision 1, paragraph (b),
or is charged with any other offense not listed in this section that requires the person to
register as a predatory offender under section 243.166.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 4.

Minnesota Statutes 2025 Supplement, section 260E.065, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Commissioner of children, youth, and families; education-related mandated
reporter training module on grooming. new text end

new text begin (a) By August 1, 2027, the commissioner of
children, youth, and families must develop a training module as part of the commissioner's
mandated reporter training that is specifically applicable to professionals or professionals'
delegates engaged in education, including but not limited to:
new text end

new text begin (1) the requirement to report allegations of maltreatment involving students ages 18
through 21, including students receiving special education services, up to and including
graduation and the issuance of a secondary or high school diploma; and
new text end

new text begin (2) addressing grooming and threatened sexual abuse, including the duty to report
grooming as maltreatment under section 260E.06, and how to identify the signs of grooming.
new text end

new text begin (b) The commissioner must consult with the Minnesota Department of Education while
developing the training module.
new text end

Sec. 5.

Minnesota Statutes 2024, section 260E.15, is amended to read:

260E.15 SCREENING GUIDELINES.

(a) Child protection staff, supervisors, and others involved in child protection screening
shall follow the guidance provided in the maltreatment screening guidelines issued by the
commissioner and, when notified by the commissioner, shall immediately implement updated
procedures and protocols.

(b) Any modification to the screening guidelines must be preapproved by the
commissioner and must not be less protective of children than is mandated by statute. The
county agency must consult with the county attorney before proposing modifications to the
commissioner. The guidelines may provide additional protection for children but must not
limit reports that are screened in or provide additional limits on consideration of reports
that were screened out in making a screening determination.

new text begin (c) The screening guidelines issued by the commissioner must not limit an agency's
ability to screen in and investigate a report of alleged maltreatment that occurred more than
three years prior to the date of the report.
new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 260E.20, subdivision 1, is amended
to read:

Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
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 the agency's investigation or
assessment.

(c) 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.

(d) 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.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessment, noncaregiver human trafficking assessment, or
investigation, the local welfare agency shall gather information on the existence of substance
abuse and domestic violence.

(g) If the family assessment, noncaregiver human trafficking 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 must coordinate a
comprehensive assessment pursuant to section 245G.05.

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

(i) When conducting any family assessment, noncaregiver human trafficking assessment,
or investigation, the agency shall ask the child, if age appropriate; parents; extended family;
and reporter about the child's heritage, including the child's Tribal lineage pursuant to section
260.761 and the child's race, culture, and ethnicity pursuant to section 260.63, subdivision
10.

new text begin (j) Nothing in this chapter shall prevent a local welfare agency or local law enforcement
agency from investigating alleged maltreatment that occurred more than three years prior
to the date of the maltreatment report.
new text end

Sec. 7.

Minnesota Statutes 2024, section 260E.28, subdivision 1, is amended to read:

Subdivision 1.

Immediate investigation for alleged maltreatment in a facility.

(a)
The commissioner of human services; children, youth, and families; health; or education,
whichever is responsible for investigating the report, shall immediately investigate if the
report alleges that:

(1) a child who is in the care of a facility as defined in section 260E.03 is the victim of
maltreatment in a facility by an individual in that facility or has been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or

(2) a child is the victim of maltreatment in a facility by an individual in a facility defined
in section 260E.03, subdivision 6, while in the care of that facility within the three years
preceding the report.

(b) The commissioner of the agency responsible for investigating the report shall arrange
for the transmittal to the commissioner of reports received by local agencies and may delegate
to a local welfare agency the duty to investigate reports. The commissioner of the agency
responsible for investigating the report or local welfare agency may interview any children
who are or have been in the care of a facility under investigation and the children's parents,
guardians, or legal custodians.

(c) In conducting an investigation under this section, the commissioner has the powers
and duties specified for a local welfare agency under this chapter.

new text begin (d) Nothing in this chapter shall prevent the agency responsible for screening and
investigating allegations of maltreatment from investigating alleged maltreatment that
occurred more than three years prior to the date of the maltreatment report.
new text end

Sec. 8.

Minnesota Statutes 2024, section 609.352, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "child" means a person 15 years of age or younger new text begin , except as the term is used in
subdivision 2d new text end ;

new text begin (b) "pattern" means two or more instances of conduct;
new text end

deleted text begin (b) deleted text end new text begin (c) new text end "sexual conduct" means sexual contact of the individual's primary genital area,
sexual penetration as defined in section 609.341, or sexual performance as defined in section
617.246; and

deleted text begin (c) deleted text end new text begin (d) new text end "solicit" means commanding, entreating, or attempting to persuade a specific
person in person, by telephone, by letter, or by computerized or other electronic means.

Sec. 9.

Minnesota Statutes 2024, section 609.352, is amended by adding a subdivision to
read:

new text begin Subd. 2c. new text end

new text begin Grooming. new text end

new text begin A person 18 years of age or older who knowingly engages in a
pattern of conduct that seduces, solicits, lures, or entices, or attempts to seduce, solicit, lure,
or entice, a child to engage or participate in unlawful sexual conduct that is for the purpose
of sexual gratification or arousal of the victim, the accused, or another individual is guilty
of a felony and may be sentenced as provided in subdivision 4.
new text end

Sec. 10.

Minnesota Statutes 2024, section 609.352, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin School violations. new text end

new text begin A person 18 years of age or older who commits any of the
acts prohibited under subdivisions 2 through 2c is guilty of a felony if the child is less than
18 years of age and the person is, at the time of the act, or has been within the 180 days
immediately preceding the act, an employee, a volunteer, or an independent contractor of
the public or nonpublic elementary or secondary school where the child is or was enrolled
and the person had access to the child through the person's position at the school.
new text end

Sec. 11.

Minnesota Statutes 2024, section 609.352, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person convicted under subdivision 2 deleted text begin or deleted text end new text begin , new text end 2a new text begin , 2c, or 2d new text end is guilty of
a felony and may be sentenced to imprisonment for not more than five years, or to payment
of a fine of not more than $10,000, or both.