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Minnesota Legislature

Office of the Revisor of Statutes

HF 1445

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 08:46am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; expanding the list of offenses that authorizes the Board
of Teaching or Board of School Administrators to deny or revoke a teaching
license; conforming the list of offenses with grounds for immediate discharge;
amending Minnesota Statutes 2014, sections 122A.20, subdivision 1; 122A.40,
subdivision 13; 122A.41, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 122A.20, subdivision 1, is amended to read:


Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Board of
Teaching 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 Board of Teaching 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, new text beginsex 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,
new text endsexual abuse under section 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, new text beginsolicitation of
children to engage in sexual conduct or communication of sexually explicit materials
to children under section 609.352, interference with privacy under section 609.746 or
stalking under section 609.749 and the victim was a minor,
new text endusing minors in a sexual
performance under section 617.246, deleted text beginordeleted text end possessing pornographic works involving a minor
under section 617.247, new text beginor any other offense not listed in this paragraph that requires the
person to register as a predatory offender under section 243.166,
new text endor new text begina crime new text endunder 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 Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.

Sec. 2.

Minnesota Statutes 2014, 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 shall 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 child abuse deleted text beginordeleted text endnew text begin, 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;
new text end sexual abusenew text begin 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 under section
609.352; interference with privacy under section 609.746 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
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 section
626.556, subdivision 11, 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 Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department 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 Board of Teaching 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. 3.

Minnesota Statutes 2014, 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 child abuse deleted text beginordeleted text endnew text begin, 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;
new text end sexual abusenew text begin 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 under section
609.352; interference with privacy under section 609.746 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
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 section
626.556, subdivision 11, 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 Board of Teaching and the licensing division at the department with the
necessary and relevant information to enable the Board of Teaching and the department's
licensing division to fulfill their statutory and administrative duties related to issuing,
renewing, suspending, or revoking a teacher's license. Information received by the Board
of Teaching or the licensing division at the department 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 Board of Teaching 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