HF 1069

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/11/2021 02:51pm

A bill for an act
relating to education; requiring background checks; expanding mandatory reporting;
codifying teacher code of ethics in statute and repealing code of ethics in rule;
amending Minnesota Statutes 2020, sections 122A.09, subdivision 2; 122A.187,
by adding a subdivision; 122A.20, subdivisions 1, 2; 122A.40, subdivision 13;
122A.41, subdivision 6; 123B.03, subdivisions 1, 2; 260E.06, subdivision 1;
260E.30, subdivision 1; 299C.17; 609.095; 631.40, subdivision 1a; proposing
coding for new law in Minnesota Statutes, chapters 122A; 299C; repealing
Minnesota Statutes 2020, section 122A.09, subdivision 1; Minnesota Rules, part
8710.2100, subparts 1, 2.

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

Section 1.

new text begin [122A.051] CODE OF ETHICS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Each teacher, upon entering the teaching profession, assumes a
number of obligations, one of which is to adhere to a set of principles that defines professional
conduct. These principles are reflected in the code of ethics, which sets forth to the education
profession and the public it serves standards of professional conduct. This code applies to
all persons licensed according to rules established by the Professional Educator Licensing
and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner, including not discriminating on the basis
of political, ideological, or religious beliefs.
new text end

new text begin (b) A teacher must make a reasonable effort to protect students from conditions harmful
to health and safety.
new text end

new text begin (c) In accordance with state and federal laws, a teacher must disclose confidential
information about individuals only when a compelling professional purpose is served or
when required by law.
new text end

new text begin (d) A teacher must take reasonable disciplinary action in exercising the authority to
provide an atmosphere conducive to learning.
new text end

new text begin (e) A teacher must not use professional relationships with students, parents, and
colleagues to personal advantage.
new text end

new text begin (f) A teacher must delegate authority for teaching responsibilities only to licensed
personnel or as otherwise provided by law.
new text end

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

new text begin (h) A teacher must not knowingly falsify or misrepresent records or facts relating to that
teacher's own qualifications or to other teachers' qualifications.
new text end

new text begin (i) A teacher must not knowingly make false or malicious statements about students or
colleagues.
new text end

new text begin (j) A teacher must accept a contract for a teaching position that requires licensing only
if properly or provisionally licensed for that position.
new text end

new text begin (k) A teacher must not engage in any sexual contact with a student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 122A.09, subdivision 2, is amended to read:

Subd. 2.

Advise members of profession.

new text begin (a) new text end The Professional Educator Licensing and
Standards Board must act in an advisory capacity to members of the profession in matters
of interpretation of the code of ethics new text begin in section 122A.051 new text end .

new text begin (b) The board must develop a process for a school district to receive a written complaint
about a teacher under the code of ethics and forward the complaint to the board. A school
board must inform parents and guardians in the school district of their ability to submit a
complaint to the school board under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 122A.187, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Background check. new text end

new text begin The Professional Educator Licensing and Standards Board
must obtain a criminal history background check on a licensed teacher applying for a renewal
license who has not had a background check consistent with section 122A.18, subdivision
8, within the preceding five years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, 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; deleted text begin or
deleted text end

(5) fraud or misrepresentation in obtaining a license deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) intentional patting, touching, pinching, or other physical contact with a student that
is sexually motivated.
new text end

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, deleted text begin shall deleted text end new text begin must new text end 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 new text begin :
new text end

new text begin (1) new text end child abuse, as defined in section 609.185 deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end sex trafficking in the first degree under section 609.322, subdivision 1 deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end sex trafficking in the second degree under section 609.322, subdivision 1a deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1, new text begin 1a, and 2;
new text end

new text begin (5) criminal new text end sexual deleted text begin abuse deleted text end new text begin conduct new text end under section 609.342, 609.343, 609.344, 609.345,
new text begin or new text end 609.3451, subdivision 3 deleted text begin , or deleted text end new text begin ;
new text end

new text begin (6) indecent exposure under section new text end 617.23, subdivision 3 deleted text begin , deleted text end new text begin ;
new text end

new text begin (7) new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352 deleted text begin , deleted text end new text begin ;
new text end

new text begin (8) new text end interference with privacy under section 609.746 or harassment or stalking under
section 609.749 and the victim was a minor deleted text begin , deleted text end new text begin ;
new text end

new text begin (9) new text end using minors in a sexual performance under section 617.246 deleted text begin , deleted text end new text begin ;
new text end

new text begin (10) new text end possessing pornographic works involving a minor under section 617.247 deleted text begin , deleted text end new text begin ; new text end or

new text begin (11) new text end 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 begin In addition, the board may 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 stay of
adjudication for any offense. new text end 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 deleted text begin for child abuse or sexual abuse deleted text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end
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 deleted text begin shall deleted text end new text begin must new text end affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it deleted text begin shall deleted text end new text begin must new text end reverse its previous licensing action.

new text begin (d) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or revoke a teacher's license to teach if the teacher has engaged in sexual
penetration as defined in section 609.321, subdivision 11, with a student enrolled in a school
where the teacher works or volunteers.
new text end

new text begin (e) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must review and may
refuse to issue, refuse to renew, or revoke a teacher's license to teach upon receiving a
certified copy of a conviction showing that the teacher has been convicted of:
new text end

new text begin (1) a qualified domestic violence-related offense as defined in section 609.02, subdivision
16;
new text end

new text begin (2) embezzlement of public funds under section 609.54;
new text end

new text begin (3) a felony involving a minor as the victim; or
new text end

new text begin (4) a gross misdemeanor involving a minor as the victim.
new text end

new text begin If an offense included in clauses (1) to (4) is already included in paragraph (b), the provisions
of paragraph (b) apply to the conduct.
new text end

new text begin (f) A decision by the Professional Educator Licensing and Standards Board to refuse to
issue, refuse to renew, suspend, or revoke a license must be reversed if the decision is based
on a background check and the teacher or license application is not the subject of the
background check.
new text end

new text begin (g) Section 122A.188 does not apply to a decision by the board to refuse to issue, refuse
to renew, or revoke a license under this paragraph. A person whose license is revoked, not
issued, or not renewed under this subdivision may appeal the decision by filing a written
request with the Professional Educator Licensing and Standards Board or the Board of
School Administrators, as appropriate, within 30 days of notice of the licensing action. The
board must then initiate a contested case under the Administrative Procedure Act, sections
14.001 to 14.69.
new text end

new text begin (h) The Professional Educator Licensing and Standards Board or Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, may suspend a teacher's
license pending an investigation into a report of conduct that would be grounds for revocation
under paragraph (b), (d), or (e). The teacher's license is suspended until the licensing board
completes its disciplinary investigation and determines whether disciplinary action is
necessary.
new text end

deleted text begin (d) deleted text end new text begin (i) new text end For purposes of this subdivision, the Professional Educator Licensing and Standards
Board is delegated the authority to suspend or revoke coaching licenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, 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, 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 new text begin or the Board of School
Administrators new text end to appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a new text begin licensing board, new text end school board new text begin , new text end or any person
mandated to report abuse under chapter 260E.

new text begin (d) The Professional Educator Licensing and Standards Board and Board of School
Administrators must, immediately upon receiving information that gives the board reason
to believe a child has at any time been maltreated, as defined in section 260E.03, subdivision
12, report the information to:
new text end

new text begin (1) the local welfare agency, agency responsible for assessing or investigating the report,
or tribal social services agency; and
new text end

new text begin (2) the police department, county sheriff, or tribal police department.
new text end

new text begin A report under this paragraph does not diminish, modify, or otherwise affect the
responsibilities of a licensing board under chapter 260E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 122A.40, subdivision 13, is amended to read:

Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph (b), a
board may discharge a continuing-contract teacher, effective immediately, upon any of the
following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the teacher
from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release of
the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of absence
and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the teacher in
writing and state its ground for the proposed discharge in reasonable detail. Within ten days
after receipt of this notification the teacher may make a written request for a hearing before
the board and it deleted text begin shall deleted text end new text begin must new text end be granted before final action is taken. The board may suspend
a teacher with pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute ground for discharge.
If a teacher has been charged with a felony and the underlying conduct that is the subject
of the felony charge is a ground for a proposed immediate discharge, the suspension pending
the conclusion of the hearing and determination of the issues may be without pay. If a
hearing under this paragraph is held, the board must reimburse the teacher for any salary
or compensation withheld if the final decision of the board or the arbitrator does not result
in a penalty to or suspension, termination, or discharge of the teacher.

(b) A board must discharge a continuing-contract teacher, effective immediately, upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for new text begin :
new text end

new text begin (1) new text end child abuse, as defined in section 609.185;

new text begin (2) new text end sex trafficking in the first degree under section 609.322, subdivision 1;

new text begin (3) new text end sex trafficking in the second degree under section 609.322, subdivision 1a;

new text begin (4) new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 new text begin , 1a, and 2 new text end ;

new text begin (5) criminal new text end sexual deleted text begin abuse deleted text end new text begin conduct new text end under section 609.342, 609.343, 609.344, 609.345, new text begin
or new text end 609.3451, subdivision 3 deleted text begin , or deleted text end new text begin ;
new text end

new text begin (6) indecent exposure under section new text end 617.23, subdivision 3;

new text begin (7) new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

new text begin (8) new text end interference with privacy under section 609.746 or harassment or stalking under
section 609.749 and the victim was a minor;

new text begin (9) new text end using minors in a sexual performance under section 617.246;

new text begin (10) new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end

new text begin (11) new text end 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 begin ; or
new text end

new text begin (12) any other offense not listed in this paragraph that requires notice of a licensing
action to the district according to section 122A.20, subdivision 1, paragraph (b) new text end .

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under deleted text begin section 260E.21,
subdivision 4, or 260E.35 deleted text end new text begin chapter 260E new text end , the school principal or other person having
administrative control of the school must include in the teacher's employment record the
information contained in the record of the disciplinary action or the final maltreatment
determination, consistent with the definition of public data under section 13.41, subdivision
5, and must provide the Professional Educator Licensing and Standards Board deleted text begin and the
licensing division at the department deleted text end with the necessary and relevant information to enable
the Professional Educator Licensing and Standards Board deleted text begin and the department's licensing
division deleted text end to fulfill deleted text begin their deleted text end new text begin its new text end statutory and administrative duties related to issuing, renewing,
suspending, or revoking a teacher's license. Information received by the Professional Educator
Licensing and Standards Board deleted text begin or the licensing division at the department deleted text end under this
paragraph is governed by section 13.41 or other applicable law governing data of the
receiving entity. In addition to the background check required under section 123B.03, a
school board or other school hiring authority must contact the Professional Educator
Licensing and Standards Board and the department to determine whether the teacher's license
has been suspended or revoked, consistent with the discharge and final maltreatment
determinations identified in this paragraph. Unless restricted by federal or state data practices
law or by the terms of a collective bargaining agreement, the responsible authority for a
school district must disseminate to another school district private personnel data on a current
or former teacher employee or contractor of the district, including the results of background
investigations, if the requesting school district seeks the information because the subject of
the data has applied for employment with the requesting school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 122A.41, subdivision 6, is amended to read:

Subd. 6.

Grounds for discharge or demotion.

(a) Except as otherwise provided in
paragraph (b), causes for the discharge or demotion of a teacher either during or after the
probationary period must be:

(1) immoral character, conduct unbecoming a teacher, or insubordination;

(2) failure without justifiable cause to teach without first securing the written release of
the school board having the care, management, or control of the school in which the teacher
is employed;

(3) inefficiency in teaching or in the management of a school, consistent with subdivision
5, paragraph (b);

(4) affliction with a communicable disease must be considered as cause for removal or
suspension while the teacher is suffering from such disability; or

(5) discontinuance of position or lack of pupils.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

(b) A probationary or continuing-contract teacher must be discharged immediately upon
receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's
license has been revoked due to a conviction for new text begin :
new text end

new text begin (1) new text end child abuse, as defined in section 609.185;

new text begin (2) new text end sex trafficking in the first degree under section 609.322, subdivision 1;

new text begin (3) new text end sex trafficking in the second degree under section 609.322, subdivision 1a;

new text begin (4) new text end engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 new text begin , 1a, and 2 new text end ;

new text begin (5) criminal new text end sexual deleted text begin abuse deleted text end new text begin conduct new text end under section 609.342, 609.343, 609.344, 609.345, new text begin
or new text end 609.3451, subdivision 3 deleted text begin , or deleted text end new text begin ;
new text end

new text begin (6) indecent exposure under section new text end 617.23, subdivision 3;

new text begin (7) new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

new text begin (8) new text end interference with privacy under section 609.746 or harassment or stalking under
section 609.749 and the victim was a minor;

new text begin (9) new text end using minors in a sexual performance under section 617.246;

new text begin (10) new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end

new text begin (11) new text end 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 begin ; or
new text end

new text begin (12) any other offense not listed in this paragraph that requires notice of a licensing
action to the district according to section 122A.20, subdivision 1, paragraph (b) new text end .

(c) When a teacher is discharged under paragraph (b) or when the commissioner makes
a final determination of child maltreatment involving a teacher under deleted text begin section 260E.21,
subdivision 4, or 260E.35 deleted text end new text begin chapter 260E new text end , the school principal or other person having
administrative control of the school must include in the teacher's employment record the
information contained in the record of the disciplinary action or the final maltreatment
determination, consistent with the definition of public data under section 13.41, subdivision
5, and must provide the Professional Educator Licensing and Standards Board deleted text begin and the
licensing division at the department deleted text end with the necessary and relevant information to enable
the Professional Educator Licensing and Standards Board deleted text begin and the department's licensing
division deleted text end to fulfill deleted text begin their deleted text end new text begin its new text end statutory and administrative duties related to issuing, renewing,
suspending, or revoking a teacher's license. Information received by the Professional Educator
Licensing and Standards Board deleted text begin or the licensing division at the department deleted text end under this
paragraph is governed by section 13.41 or other applicable law governing data of the
receiving entity. In addition to the background check required under section 123B.03, a
school board or other school hiring authority must contact the Professional Educator
Licensing and Standards Board and the department to determine whether the teacher's license
has been suspended or revoked, consistent with the discharge and final maltreatment
determinations identified in this paragraph. Unless restricted by federal or state data practices
law or by the terms of a collective bargaining agreement, the responsible authority for a
school district must disseminate to another school district private personnel data on a current
or former teacher employee or contractor of the district, including the results of background
investigations, if the requesting school district seeks the information because the subject of
the data has applied for employment with the requesting school district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 123B.03, subdivision 1, is amended to read:

Subdivision 1.

Background check required.

(a) A school hiring authority deleted text begin shall deleted text end new text begin must new text end
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and on
all individuals, except enrolled student volunteers, who are offered the opportunity to provide
athletic coaching services or other extracurricular academic coaching services to a school,
regardless of whether any compensation is paid. In order for an individual to be eligible for
employment or to provide the services, the individual must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the discretion of the school hiring authority,
in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school
district of conducting the criminal history background check. A school hiring authority
deciding to receive payment may, at its discretion, accept payment in the form of a negotiable
instrument other than a money order or check and shall pay the superintendent of the Bureau
of Criminal Apprehension directly to conduct the background check. The superintendent
of the Bureau of Criminal Apprehension shall conduct the background check by retrieving
criminal history data as defined in section 13.87. A school hiring authority, at its discretion,
may decide not to request a criminal history background check on an individual who holds
an initial entrance license issued by the Professional Educator Licensing and Standards
Board or the commissioner of education within the 12 months preceding an offer of
employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school hiring
authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within the
previous 12 months;

(3) the individual who is the subject of the criminal background check executes a written
consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent to
the check that would disqualify the individual for employment.

(c) A school hiring authority deleted text begin may, at its discretion, deleted text end new text begin must new text end request a criminal history
background check deleted text begin from the superintendent of the Bureau of Criminal Apprehension deleted text end new text begin and
screening new text end on any individual who seeks to enter a school or its grounds for the purpose of
serving as a school volunteer or working as an independent contractor or student employee new text begin ,
and who is likely to have either unsupervised contact or regular contact with students. A
school hiring authority may, at its discretion, request a criminal background check from the
superintendent of the Bureau of Criminal Apprehension on any individual who seeks to
enter a school or its grounds for purposes of serving as a school volunteer or working as an
independent contractor or employee new text end . In order for an individual to enter a school or its grounds
under this paragraph when the school hiring authority deleted text begin decides to request deleted text end new text begin requests new text end a criminal
history background check on the individual, the individual first must provide an executed
criminal history consent form and a money order, check, or other negotiable instrument
payable to the school district in an amount equal to the actual cost to the Bureau of Criminal
Apprehension and the school district of conducting the criminal history background check.
Notwithstanding section 299C.62, subdivision 1, the cost of the criminal history background
check under this paragraph is the responsibility of the individual unless a school hiring
authority decides to pay the costs of conducting a background check under this paragraph.
If the school hiring authority pays the costs, the individual who is the subject of the
background check need not pay for it.

(d) new text begin In addition to the initial background check required for all individuals offered
employment in accordance with paragraph (a), a school hiring authority must request a new
criminal history background check from the superintendent of the Bureau of Criminal
Apprehension on all employees every five years. Notwithstanding any law to the contrary,
to be eligible for continued employment, an individual must provide an executed criminal
history consent form and a money order or check payable to either the Bureau of Criminal
Apprehension or the school hiring authority, at the discretion of the school hiring authority,
in an amount equal to the cost to the Bureau of Criminal Apprehension and the school
district of conducting the criminal history background check. A school hiring authority
deciding to receive payment may, at its discretion, accept payment in the form of a negotiable
instrument other than a money order or check and pay the superintendent of the Bureau of
Criminal Apprehension directly to conduct the background check. A school hiring authority,
at its discretion, may decide not to request a criminal history background check on an
employee who provides the hiring authority with a copy of the results of a criminal history
background check conducted within the previous five years. A school hiring authority may,
at its discretion, decide to pay the costs of conducting a background check under this
paragraph.
new text end

new text begin (e) new text end For all nonstate residents who are offered employment in a school, a school hiring
authority shall request a criminal history background check on such individuals from the
superintendent of the Bureau of Criminal Apprehension and from the government agency
performing the same function in the resident state or, if no government entity performs the
same function in the resident state, from the Federal Bureau of Investigation. Such individuals
must provide an executed criminal history consent form and a money order, check, or other
negotiable instrument payable to the school hiring authority in an amount equal to the actual
cost to the government agencies and the school district of conducting the criminal history
background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal
history background check under this paragraph is the responsibility of the individual.

deleted text begin (e) deleted text end new text begin (f) new text end At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

Sec. 9.

Minnesota Statutes 2020, section 123B.03, subdivision 2, is amended to read:

Subd. 2.

Effect of background check or Professional Educator Licensing and
Standards Board action.

(a) deleted text begin A school hiring authority may hire or otherwise allow an
individual to provide a service to a school pending completion of a background check under
subdivision 1 or obtaining notice of a Professional Educator Licensing and Standards Board
action under subdivision 1a but shall notify the individual that the individual's employment
or other service may be terminated based on the result of the background check or
Professional Educator Licensing and Standards Board action. deleted text end A school hiring authority is
not liable for failing to hire or for terminating an individual's employment or other service
based on the result of a background check or Professional Educator Licensing and Standards
Board action under this section.

(b) For purposes of this paragraph, a school hiring authority must inform an individual
if the individual's application to be an employee or volunteer in the district has been denied
as a result of a background check conducted under this section. The school hiring authority
must also inform an individual who is a current employee or volunteer if the individual's
employment or volunteer status in the district is being terminated as a result of a background
check conducted under subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2020, section 260E.06, subdivision 1, is amended to read:

Subdivision 1.

Mandatory reporters.

(a) A person who knows or has reason to believe
a child is being maltreated, as defined in section 260E.03, or has been maltreated within
the preceding three years shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate who is engaged in the practice of the healing
arts, social services, hospital administration, psychological or psychiatric treatment, child
care, education, correctional supervision, probation and correctional services, or law
enforcement; deleted text begin or
deleted text end

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a member of a board or other entity whose licensees perform work within a school
facility.
new text end

(b) "Practice of social services" for the purposes of this subdivision includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 260E.30, subdivision 1, is amended to read:

Subdivision 1.

Investigation involving a school facility.

If the commissioner of education
conducts an investigation, the commissioner shall determine whether maltreatment occurred
and what corrective or protective action was taken by the school facility. If a determination
is made that maltreatment occurred, the commissioner shall report to the employer, the
school board, and any appropriate licensing entity the determination that maltreatment
occurred and what corrective or protective action was taken by the school facility. In all
other cases, the commissioner shall inform the school board or employer new text begin and any appropriate
licensing entity new text end that a report was received; the subject of the report; the date of the initial
report; the category of maltreatment alleged as defined in section 260E.03, subdivision 12;
the fact that maltreatment was not determined; and a summary of the specific reasons for
the determination.

Sec. 12.

Minnesota Statutes 2020, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court deleted text begin which deleted text end new text begin that:
new text end

new text begin (1) new text end sentences a defendant for a felony, gross misdemeanor, or targeted misdemeanor new text begin ;
or
new text end

new text begin (2) grants a stay of adjudication pursuant to section 609.095, paragraph (b), clause (2),
for an offense that, if convicted of, would require predatory offender registration under
section 243.166, new text end to electronically transmit within 24 hours of the disposition of the case a
report, in a form prescribed by the superintendent providing information required by the
superintendent with regard to the prosecution and disposition of criminal cases.

A copy of the report shall be kept on file in the office of the court administrator.

Sec. 13.

new text begin [299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.
new text end

new text begin The superintendent shall disclose to each applicant for a statutorily mandated or
authorized background study all records of stays of adjudication granted to the subject of
the background check or background study that the superintendent receives pursuant to
section 299C.17, clause (2). The data required to be disclosed under this section is in addition
to other data on the subject of the background check or background study that the
superintendent is mandated to disclose.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.095, is amended to read:

609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided new text begin (1) new text end in section 152.18 or 609.375, or new text begin (2) new text end upon agreement of the
parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty
plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial. new text begin A stay of adjudication granted under clause
(2) must be reported to the superintendent of the Bureau of Criminal Apprehension pursuant
to section 299C.17. new text end A decision by the court to issue a stay of adjudication under this
paragraph for a charge of violating section 243.166, 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453, must be justified in writing and on the record.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 15.

Minnesota Statutes 2020, section 631.40, subdivision 1a, is amended to read:

Subd. 1a.

Certified copy of disqualifying offense convictions sent to public safety
and school districts.

When a person is convicted of new text begin , or receives a stay of adjudication for, new text end
committing a disqualifying offense, as defined in section 171.3215, subdivision 1, a gross
misdemeanor, a fourth moving violation within the previous three years, or a violation of
section 169A.20, or a similar statute or ordinance from another state, the court shall determine
whether the offender is a school bus driver as defined in section 171.3215, subdivision 1,
whether the offender possesses a school bus driver's endorsement on the offender's driver's
license and in what school districts the offender drives a school bus. If the offender is a
school bus driver or possesses a school bus driver's endorsement, the court administrator
shall send a certified copy of the conviction new text begin or stay of adjudication new text end to the Department of
Public Safety and to the school districts in which the offender drives a school bus within
ten days after the conviction new text begin or stay of adjudication new text end .

Sec. 16. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 122A.09, subdivision 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 8710.2100, subparts 1 and 2, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-01721

122A.09 DUTIES.

Subdivision 1.

Code of ethics.

The Professional Educator Licensing and Standards Board must develop by rule a code of ethics covering standards of professional teaching practices, including areas of ethical conduct and professional performance and methods of enforcement.

Repealed Minnesota Rule: 21-01721

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

Subpart 1.

Scope.

Each teacher, upon entering the teaching profession, assumes a number of obligations, one of which is to adhere to a set of principles which defines professional conduct. These principles are reflected in the following code of ethics, which sets forth to the education profession and the public it serves standards of professional conduct and procedures for implementation.

This code shall apply to all persons licensed according to rules established by the Professional Educator Licensing and Standards Board.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct are as follows:

A.

A teacher shall provide professional education services in a nondiscriminatory manner.

B.

A teacher shall make reasonable effort to protect the student from conditions harmful to health and safety.

C.

In accordance with state and federal laws, a teacher shall disclose confidential information about individuals only when a compelling professional purpose is served or when required by law.

D.

A teacher shall take reasonable disciplinary action in exercising the authority to provide an atmosphere conducive to learning.

E.

A teacher shall not use professional relationships with students, parents, and colleagues to private advantage.

F.

A teacher shall delegate authority for teaching responsibilities only to licensed personnel.

G.

A teacher shall not deliberately suppress or distort subject matter.

H.

A teacher shall not knowingly falsify or misrepresent records or facts relating to that teacher's own qualifications or to other teachers' qualifications.

I.

A teacher shall not knowingly make false or malicious statements about students or colleagues.

J.

A teacher shall accept a contract for a teaching position that requires licensing only if properly or provisionally licensed for that position.