HF 3952
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 02:05 p.m.
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A bill for an act
relating to education; modifying teacher licensure provisions; modifying
maltreatment reporting requirements; modifying licensing data classification;
amending Minnesota Statutes 2024, sections 13.41, by adding a subdivision;
122A.20, subdivision 2; 127A.42, subdivision 2; 127A.43; 260E.12, subdivision
1; 260E.35, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 13.41, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Professional Educator Licensing and Standards Board. new text end
new text begin
License application
denial orders issued or maintained by the Professional Educator Licensing and Standards
Board pursuant to section 122A.188 or 122A.20 are classified as public data.
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 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 administratornew text begin :
new text end
new text begin (1)new text end is dischargednew text begin or suspended, retires,new text end 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 7deleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2) is discharged or suspended, retires, resigns from employment, or whose contract is
not renewednew text end after charges are filed new text begin with the school board new text end that are grounds for discharge
under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5)deleted text begin , or when a teacher
or administratordeleted text end new text begin ;
new text end
new text begin (3)new text end is suspended deleted text begin ordeleted text end new text begin , retires, ornew text end resignsnew text begin from employmentnew text end while an investigation is pending
under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or deleted text begin chapter 260E;
ordeleted text end 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7new text begin , or chapter 260Enew text end ; deleted text begin or when a
teacher or administrator
deleted text end
new text begin (4)new text end is suspendednew text begin or discharged, or whose contract is not renewed,new text end without an investigation
under section 122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or
chapter 260Edeleted text begin . Thedeleted text end new text begin ; or
new text end
new text begin
(5) is criminally charged with any of the automatic revocation offenses enumerated in
subdivision 1, paragraph (b), 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.
new text end
new text begin (b) Anew text end reportnew text begin required under this subdivisionnew text end must be made to the appropriate licensing
board within ten days after the discharge, suspension, new text begin retirement, nonrenewal, new text end or resignation
new text begin from employment new text end 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 informationnew text begin and
documentationnew text end about the teacher or administrator from the district's new text begin or teacher's employer
new text end files, any termination or disciplinary proceeding, any settlement or compromise, or any
investigative file. new text begin The information the district must provide to the board includes but is not
limited to any recordings, correspondence, video, investigative notes, and documentation
created in connection with an alleged disciplinary employment action or investigation. new text end 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.
deleted text begin (b)deleted text end new text begin (c)new text end 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.
deleted text begin (c)deleted text end new text begin (d)new text end 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.
Sec. 3.
Minnesota Statutes 2024, section 127A.42, subdivision 2, is amended to read:
Subd. 2.
Violations of law.
The commissioner may reduce or withhold the district's
state aid for any school year whenever the board of the district authorizes or permits
violations of law within the district by:
(1) employing a teacher who does not hold a valid teaching license or permit in a public
school;
(2) noncompliance with a mandatory rule of general application promulgated by the
commissioner in accordance with statute, unless special circumstances make enforcement
inequitable, impose an extraordinary hardship on the district, or the rule is contrary to the
district's best interests;
(3) the district's continued performance of a contract made for the rental of rooms or
buildings for school purposes or for the rental of any facility owned or operated by or under
the direction of any private organization, if the contract has been disapproved, the time for
review of the determination of disapproval has expired, and no proceeding for review is
pending;
(4) any practice which is a violation of sections 1 and 2 of article 13 of the Constitution
of the state of Minnesota;
(5) failure to reasonably provide for a resident pupil's school attendance under Minnesota
Statutes;
(6) noncompliance with state laws prohibiting discrimination because of race, color,
creed, religion, national origin, sex, age, marital status, status with regard to public assistance
or disability, as defined in sections 363A.08 to 363A.19 and 363A.28, subdivision 10; deleted text begin or
deleted text end
new text begin
(7) failure to comply with mandatory reporting requirements in section 122A.20,
subdivision 2; or
new text end
deleted text begin (7)deleted text end new text begin (8)new text end using funds contrary to the statutory purpose of the funds.
The reduction or withholding must be made in the amount and upon the procedure provided
in this section, or, in the case of the violation stated in clause (1), upon the procedure provided
in section 127A.43.
Sec. 4.
Minnesota Statutes 2024, section 127A.43, is amended to read:
127A.43 DISTRICT deleted text begin EMPLOYMENT OF UNLICENSED TEACHERSdeleted text end new text begin
NONCOMPLIANCEnew text end ; AID REDUCTION.
When a district new text begin fails to comply with mandatory reporting requirements in section 122A.20
or new text end employs one or more teachers who do not hold a valid teaching license, state aid shall
be reduced in the proportion that the number of such teachers is to the total number of
teachers employed by the district, multiplied by 60 percent of the basic revenue, as defined
in section 126C.10, subdivision 2, of the district for the year in which the employment
occurred.
Sec. 5.
Minnesota Statutes 2024, section 260E.12, subdivision 1, is amended to read:
Subdivision 1.
Police department or county sheriff.
(a) The police department or the
county sheriff shall immediately notify the local welfare agency or agency responsible for
child protection reports under this chapter orally and in writing when a report is received.
(b) Written reports received by a police department or the county sheriff shall be
forwarded immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may keep copies of
reports received by them.
(c) The county sheriff and the head of each local welfare agency, agency responsible
for child protection reports, and police department shall designate a person within the agency,
department, or office who is responsible for ensuring that the notification duties of this
section are carried out. If the alleged maltreatment occurs on tribal land, the local welfare
agency or agency responsible for child protection reports and the local police department
or county sheriff shall immediately notify the tribe's social services agency and tribal law
enforcement orally and in writing when a report is received. When a police department or
county determines that a child has been the subject of maltreatment by a person licensed
by the Professional Educator Licensing and Standards Board or the Board of School
Administrators, the department or sheriff shall, in addition to other duties under this section,
immediately inform the licensing board.new text begin The county that determines the maltreatment by a
licensed educator shall provide the Professional Educator Licensing and Standards Board
with the copies of the maltreatment order and the underlying and unredacted investigative
file maintained by the county which led to the determination of maltreatment.
new text end
(d) If a child is the victim of an alleged crime under subdivision 2, paragraph (c), the
law enforcement agency shall immediately notify the local welfare agency, which shall
offer appropriate social services for the purpose of safeguarding and enhancing the welfare
of the maltreated child.
Sec. 6.
Minnesota Statutes 2024, section 260E.35, subdivision 5, is amended to read:
Subd. 5.
Data provided to commissioner of education.
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 section 260E.03, subdivision 6, clause
(2), when the data are 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 new text begin to the licensing entity
new text end a copy of its offender maltreatment determination report deleted text begin to the licensing entity with all
student-identifying information removeddeleted text end new text begin and the underlying and unredacted investigative
file maintained by the commissioner that led to the offender maltreatment determination
reportnew text end . The offender maltreatment determination report shall include but is not limited to
the following sections: report of alleged maltreatment; legal standard; investigation; summary
of findings; determination; corrective action by a school; reconsideration process; and a
listing of records related to the investigation. Notwithstanding 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.