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HF 2795

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/22/2018 03:43pm

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A bill for an act
relating to education; codifying teacher code of ethics; requiring background
checks; expanding mandatory reporting; expanding grounds for teacher discharge;
expanding criminal sexual conduct offenses for persons in current or recent
positions of authority over juveniles;amending Minnesota Statutes 2016, sections
171.02, subdivision 2a; 299C.17; 609.095; 626.556, subdivision 10; 631.40,
subdivision 1a; Minnesota Statutes 2017 Supplement, sections 122A.09, subdivision
2; 122A.18, subdivision 8; 122A.187, by adding a subdivision; 122A.20,
subdivisions 1, 2; 122A.40, subdivision 13; 122A.41, subdivision 6; 123B.03,
subdivisions 1, 2; 171.02, subdivision 2b; 171.3215, subdivisions 2, 3; 626.556,
subdivisions 3, 10e; proposing coding for new law in Minnesota Statutes, chapters
122A; 299C; repealing Minnesota Statutes 2017 Supplement, 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.

[122A.051] CODE OF ETHICS.

Subdivision 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 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.

Subd. 2.

Standards of professional conduct.

(a) A teacher must provide professional
education services in a nondiscriminatory manner.

(b) A teacher must make reasonable effort to protect students from conditions harmful
to health and safety.

(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.

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

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

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

(g) A teacher must not deliberately suppress or distort subject matter.

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 2, is amended
to read:


Subd. 2.

Advise members of profession.

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 in section 122A.051.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 122A.18, subdivision 8, is amended
to read:


Subd. 8.

Background checks.

(a) The Professional Educator Licensing and Standards
Board and the Board of School Administrators must request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on all first-time
teaching applicants for licenses under their jurisdiction. Applicants must include with their
licensure applications:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange fingerprints with the Federal Bureau of
Investigation for purposes of the criminal history check. The superintendent shall recover
the cost to the bureau of a background check through the fee charged to the applicant under
paragraph (a).

(c) The Professional Educator Licensing and Standards Board or the Board of School
Administrators may issue a license pending completion of a background check under this
subdivision, but must notify the individual and the school district or charter school employing
the individual that the individual's license may be revoked based on the result of the
background check.

Sec. 4.

Minnesota Statutes 2017 Supplement, section 122A.187, is amended by adding a
subdivision to read:


Subd. 7.

Background check.

The Professional Educator Licensing and Standards Board
must request a criminal history background check from the superintendent of the Bureau
of Criminal Apprehension 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.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 5.

Minnesota Statutes 2017 Supplement, 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 must 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 or a stay of adjudication showing
that the teacher has been convicted of, or received a stay of adjudication for:

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

(2) child abuse, as defined in section 609.185,;

(3) domestic assault under section 609.2242;

(4) sex trafficking in the first degree under section 609.322, subdivision 1,;

(5) sex trafficking in the second degree under section 609.322, subdivision 1a,;

(6) engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision subdivisions 1, sexual abuse 1a, and 2;

(7) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3
, or 617.23, subdivision 3,;

(8) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352,;

(9) embezzlement of public funds under section 609.54;

(10) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor,;

(11) using minors in a sexual performance under section 617.246,;

(12) possessing pornographic works involving a minor under section 617.247,; or

(13) any offense listed in section 214.10, subdivision 2a; or

(14) 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 must 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 must 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 must
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 must affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it shall must reverse its previous licensing action.

(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 been convicted of
either a felony or a gross misdemeanor involving a minor. A person whose license to teach
has been revoked, not issued, or not renewed under this paragraph may petition the board
to reconsider for good cause shown, in accordance with procedures adopted by the board.

(e) 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.

(f) A decision by the Professional Educator Licensing and Standards Board to refuse to
issue, refuse to renew, suspend, or revoke a license under this subdivision is not subject to
review under section 122A.188.

(g) 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).

(d) (h) For purposes of this subdivision, the Professional Educator Licensing and
Standards Board is delegated the authority to suspend or revoke coaching licenses.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 122A.20, subdivision 2, is amended
to read:


Subd. 2.

Mandatory reporting.

(a) A school board 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); 122A.41,
subdivisions 6, clauses (1)
, (2), and (3), and 7; or 626.556, 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 626.556. 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 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 or school superintendent shall must
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 or the Board of School
Administrators
to appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a licensing board, school board, or any person
mandated to report abuse under section 626.556.

(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 neglected or physically or sexually abused, as defined
in section 626.556, subdivision 2, report the information to:

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

(2) the police department, county sheriff, or tribal police department.

A report under this paragraph does not diminish, modify, or otherwise affect the
responsibilities of a licensing board under section 626.556.

EFFECTIVE DATE.

This section is effective July 1, 2018.

Sec. 7.

Minnesota Statutes 2017 Supplement, 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 must 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 or stay of adjudication for:

(1) child abuse, as defined in section 609.185;

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

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

(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;

(5) sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3
, or 617.23, subdivision 3;

(6) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

(7) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

(8) using minors in a sexual performance under section 617.246;

(9) possessing pornographic works involving a minor under section 617.247; or

(10) 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; or

(11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
.

(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
Professional Educator Licensing and Standards Board and the licensing division at the
department with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board 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 Professional Educator Licensing and Standards Board
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 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 8.

Minnesota Statutes 2017 Supplement, 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 or stay of adjudication for:

(1) child abuse, as defined in section 609.185;

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

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

(4) engaging in hiring or agreeing to hire a minor to engage in prostitution under section
609.324, subdivision 1;

(5) sexual abuse under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision
3
, or 617.23, subdivision 3;

(6) solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352;

(7) interference with privacy under section 609.746 or stalking under section 609.749
and the victim was a minor;

(8) using minors in a sexual performance under section 617.246;

(9) possessing pornographic works involving a minor under section 617.247; or

(10) 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; or

(11) any other offense not listed in this paragraph that requires notice of a licensing
action to the district in accordance with section 122A.20, subdivision 1, paragraph (b)
.

(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
Professional Educator Licensing and Standards Board and the licensing division at the
department with the necessary and relevant information to enable the Professional Educator
Licensing and Standards Board 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 Professional Educator Licensing and Standards Board
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 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.

EFFECTIVE DATE.

This section is effective for the 2018-2019 school year and later.

Sec. 9.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 1, is amended
to read:


Subdivision 1.

Background check required.

(a) A school hiring authority shall must
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 may, at its discretion, request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension 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. In order for an individual to
enter a school or its grounds under this paragraph when the school hiring authority decides
to request 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) 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 three years. Notwithstanding any law to the contrary,
in order for an individual 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 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. 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 36
months. A school hiring authority may, at its discretion, decide to pay the costs of conducting
a background check under this paragraph.

(d) (e) 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.

(e) (f) 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. 10.

Minnesota Statutes 2017 Supplement, section 123B.03, subdivision 2, is amended
to read:


Subd. 2.

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

(a) 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.
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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 11.

Minnesota Statutes 2016, section 171.02, subdivision 2a, is amended to read:


Subd. 2a.

Exception for certain school bus drivers.

Notwithstanding subdivision 2,
paragraph (b), the holder of a class D driver's license, without a school bus endorsement,
may operate a type A school bus or a multifunction school activity bus under the following
conditions:

(a) The operator is an employee of the entity that owns, leases, or contracts for the school
bus and is not solely hired to provide transportation services under this subdivision.

(b) The operator drives the school bus only from points of origin to points of destination,
not including home-to-school trips to pick up or drop off students.

(c) The operator is prohibited from using the eight-light system. Violation of this
paragraph is a misdemeanor.

(d) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of the type of school bus the operator will be driving;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;

(5) handling emergency situations; and

(6) safe loading and unloading of students.

(e) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for teachers;
section 144.057 or chapter 245C for day care employees; or section 171.321, subdivision
3
, for all other persons operating a school bus under this subdivision.

(f) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.

(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the school bus.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute
or ordinance of another state is precluded from operating a school bus for five years from
the date of conviction.

(i) A person who has ever been convicted of, or received a stay of adjudication for, a
disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not
operate a school bus under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a fourth
moving offense in violation of chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.

(k) Students riding the school bus must have training required under section 123B.90,
subdivision 2
.

(l) An operator must be trained in the proper use of child safety restraints as set forth in
the National Highway Traffic Safety Administration's "Guideline for the Safe Transportation
of Pre-school Age Children in School Buses," if child safety restraints are used by the
passengers.

(m) Annual certification of the requirements listed in this subdivision must be maintained
under separate file at the business location for each operator licensed under this subdivision
and subdivision 2, paragraph (b), clause (5). The business manager, school board, governing
body of a nonpublic school, or any other entity that owns, leases, or contracts for the school
bus operating under this subdivision is responsible for maintaining these files for inspection.

(n) The school bus must bear a current certificate of inspection issued under section
169.451.

(o) If the word "School" appears on the front and rear of the bus, the word "School"
must be covered by a sign that reads "Activities" when the bus is being operated under
authority of this subdivision.

(p) The type A-I school bus or multifunction school activity bus is designed to transport
15 or fewer passengers, including the driver.

(q) The school bus or multifunction school activity bus has a gross vehicle weight rating
of 14,500 pounds or less.

Sec. 12.

Minnesota Statutes 2017 Supplement, section 171.02, subdivision 2b, is amended
to read:


Subd. 2b.

Exception for type III vehicle drivers.

(a) Notwithstanding subdivision 2,
the holder of a class A, B, C, or D driver's license, without a school bus endorsement, may
operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h), under
the conditions in this subdivision.

(b) The operator is an employee of the entity that owns, leases, or contracts for the school
bus.

(c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:

(1) safe operation of a type III vehicle;

(2) understanding student behavior, including issues relating to students with disabilities;

(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;

(4) knowing and understanding relevant laws, rules of the road, and local school bus
safety policies;

(5) handling emergency situations;

(6) proper use of seat belts and child safety restraints;

(7) performance of pretrip vehicle inspections;

(8) safe loading and unloading of students, including, but not limited to:

(i) utilizing a safe location for loading and unloading students at the curb, on the nontraffic
side of the roadway, or at off-street loading areas, driveways, yards, and other areas to
enable the student to avoid hazardous conditions;

(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;

(iii) avoiding a loading or unloading location that would require a pupil to cross a road,
or ensuring that the driver or an aide personally escort the pupil across the road if it is not
reasonably feasible to avoid such a location;

(iv) placing the type III vehicle in "park" during loading and unloading; and

(v) escorting a pupil across the road under item (iii) only after the motor is stopped, the
ignition key is removed, the brakes are set, and the vehicle is otherwise rendered immobile;
and

(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.

(d) A background check or background investigation of the operator has been conducted
that meets the requirements under section 122A.18, subdivision 8, or 123B.03 for school
district employees; section 144.057 or chapter 245C for day care employees; or section
171.321, subdivision 3, for all other persons operating a type III vehicle under this
subdivision.

(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.

(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under section
181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the operator's
employer may use a Breathalyzer or similar device to fulfill random alcohol testing
requirements.

(g) The operator's driver's license is verified annually by the entity that owns, leases, or
contracts for the type III vehicle as required under section 171.321, subdivision 5.

(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked under
sections 169A.50 to 169A.53 of the implied consent law or section 171.177, or who is
convicted of violating or whose driver's license is revoked under a similar statute or ordinance
of another state, is precluded from operating a type III vehicle for five years from the date
of conviction.

(i) A person who has ever been convicted of, or received a stay of adjudication for, a
disqualifying offense as defined in section 171.3215, subdivision 1, paragraph (c), may not
operate a type III vehicle under this subdivision.

(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of the last
conviction.

(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j) while
employed by the entity that owns, leases, or contracts for the school bus, shall report the
conviction to the employer within ten days of the date of the conviction. An operator who
sustains a conviction or receives a stay of adjudication as described in paragraph (i) while
employed by the entity that owns, leases, or contracts for the school bus shall report the
conviction or stay of adjudication to the employer within ten days of the date of the conviction
or stay of adjudication.

(l) An operator of a type III vehicle whose driver's license is suspended, revoked,
canceled, or disqualified by Minnesota, another state, or another jurisdiction must notify
the operator's employer in writing of the suspension, revocation, cancellation, lost privilege,
or disqualification. The operator must notify the operator's employer before the end of the
business day immediately following the day the operator received notice of the suspension,
revocation, cancellation, lost privilege, or disqualification.

(m) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.

(n) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any other
entity that owns, leases, or contracts for the type III vehicle operating under this subdivision
is responsible for maintaining these files for inspection.

(o) The type III vehicle must bear a current certificate of inspection issued under section
169.451.

(p) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).

Sec. 13.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 2, is amended
to read:


Subd. 2.

Cancellation for disqualifying and other offenses.

Within ten days of receiving
notice under section 631.40, subdivision 1a, or otherwise receiving notice for a nonresident
driver, that a school bus driver has been convicted of, or received a stay of adjudication for,
a disqualifying offense, the commissioner shall permanently cancel the school bus driver's
endorsement on the offender's driver's license and in the case of a nonresident, the driver's
privilege to operate a school bus in Minnesota. A school bus driver whose endorsement or
privilege to operate a school bus in Minnesota has been permanently canceled may not
apply for reinstatement. Within ten days of receiving notice under section 631.40, subdivision
1a
, or otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a violation of section 169A.20, or a similar statute or ordinance from another
state, and within ten days of revoking a school bus driver's license under section 169A.52
or 171.177, the commissioner shall cancel the school bus driver's endorsement on the
offender's driver's license or the nonresident's privilege to operate a school bus in Minnesota
for five years. After five years, a school bus driver may apply to the commissioner for
reinstatement. Even after five years, cancellation of a school bus driver's endorsement or a
nonresident's privilege to operate a school bus in Minnesota for a violation under section
169A.20, sections 169A.50 to 169A.53, section 171.177, or a similar statute or ordinance
from another state, shall remain in effect until the driver provides proof of successful
completion of an alcohol or controlled substance treatment program. For a first offense,
proof of completion is required only if treatment was ordered as part of a chemical use
assessment. Within ten days of receiving notice under section 631.40, subdivision 1a, or
otherwise receiving notice for a nonresident driver, that a school bus driver has been
convicted of a fourth moving violation in the last three years, the commissioner shall cancel
the school bus driver's endorsement on the offender's driver's license or the nonresident's
privilege to operate a school bus in Minnesota until one year has elapsed since the last
conviction. A school bus driver who has no new convictions after one year may apply for
reinstatement. Upon canceling the offender's school bus driver's endorsement, the
commissioner shall immediately notify the licensed offender of the cancellation in writing,
by depositing in the United States post office a notice addressed to the licensed offender at
the licensed offender's last known address, with postage prepaid thereon.

Sec. 14.

Minnesota Statutes 2017 Supplement, section 171.3215, subdivision 3, is amended
to read:


Subd. 3.

Background check.

Before issuing or renewing a driver's license with a school
bus driver's endorsement, the commissioner shall conduct an investigation to determine if
the applicant has been convicted of, or received a stay of adjudication for, committing a
disqualifying offense, four moving violations in the previous three years, a violation of
section 169A.20 or a similar statute or ordinance from another state, a gross misdemeanor,
or if the applicant's driver's license has been revoked under section 169A.52 or 171.177.
The commissioner shall not issue a new bus driver's endorsement and shall not renew an
existing bus driver's endorsement if the applicant has been convicted of committing a
disqualifying offense. The commissioner shall not issue a new bus driver's endorsement
and shall not renew an existing bus driver's endorsement if, within the previous five years,
the applicant has been convicted of committing a violation of section 169A.20, or a similar
statute or ordinance from another state, a gross misdemeanor, or if the applicant's driver's
license has been revoked under section 169A.52 or 171.177, or if, within the previous three
years, the applicant has been convicted of four moving violations. An applicant who has
been convicted of violating section 169A.20, or a similar statute or ordinance from another
state, or who has had a license revocation under section 169A.52 or 171.177 within the
previous ten years must show proof of successful completion of an alcohol or controlled
substance treatment program in order to receive a bus driver's endorsement. For a first
offense, proof of completion is required only if treatment was ordered as part of a chemical
use assessment. A school district or contractor that employs a nonresident school bus driver
must conduct a background check of the employee's driving record and criminal history in
both Minnesota and the driver's state of residence. Convictions for disqualifying offenses,
gross misdemeanors, a fourth moving violation within the previous three years, or violations
of section 169A.20, or a similar statute or ordinance in another state, must be reported to
the Department of Public Safety.

Sec. 15.

Minnesota Statutes 2016, section 299C.17, is amended to read:


299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court which (1) sentences
a defendant for a felony, gross misdemeanor, or targeted misdemeanor, or (2) grants a stay
of adjudication pursuant to section 609.095, paragraph (b), clause (2),
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. 16.

[299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.

The superintendent shall disclose to each applicant for a background check or background
study required or authorized under section 122A.18, subdivision 8; 123B.03; 171.02,
subdivision 2a or 2b; or 171.3215, subdivision 3, 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.

Sec. 17.

Minnesota Statutes 2016, 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 in:

(1) section 152.18 or 609.375,; or

(2) 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.

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.

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

Sec. 18.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 3, is amended
to read:


Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
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; or

(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).; or

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

(b) Any person may voluntarily report 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 knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 19.

Minnesota Statutes 2016, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally and in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally and
in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
occurred on tribal land, the local welfare agency or agency responsible for child protection
reports and the local police department or the 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 sheriff receives a report or otherwise has
information indicating that a child has been the subject of physical abuse, sexual abuse, or
neglect by a person licensed by the Professional Educator Licensing and Standards Board
or Board of School Administrators, it shall, in addition to its other duties under this section,
immediately inform the licensing board.

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). In conducting a family
assessment or investigation, the local welfare agency shall gather information on the existence
of substance abuse and domestic violence and offer services for purposes of preventing
future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected
minor, and supporting and preserving family life whenever possible. If the report alleges a
violation of a criminal statute involving sexual abuse, physical abuse, or neglect or
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 its investigation or assessment.
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. 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. In performing any of these duties, the local welfare agency shall maintain appropriate
records.

If the family 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 shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

(c) When a local agency receives a report or otherwise has information indicating that
a child who is a client, as defined in section 245.91, has been the subject of physical abuse,
sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it
shall, in addition to its other duties under this section, immediately inform the ombudsman
established under sections 245.91 to 245.97. The commissioner of education shall inform
the ombudsman established under sections 245.91 to 245.97 of reports regarding a child
defined as a client in section 245.91 that maltreatment occurred at a school as defined in
section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

(d) Authority of the local welfare agency responsible for assessing or investigating the
child abuse or neglect report, the agency responsible for assessing or investigating the report,
and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

(e) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

Except where the alleged offender is believed to be a school official or employee, the
time and place, and manner of the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement agency shall have the exclusive
authority to determine who may attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be reasonable and the interview
shall be conducted not more than 24 hours after the receipt of the notification unless another
time is considered necessary by agreement between the school officials and the local welfare
or law enforcement agency. Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply. Every effort must be made
to reduce the disruption of the educational program of the child, other students, or school
staff when an interview is conducted on school premises.

(f) Where the alleged offender or a person responsible for the care of the alleged victim
or other minor prevents access to the victim or other minor by the local welfare agency, the
juvenile court may order the parents, legal custodian, or guardian to produce the alleged
victim or other minor for questioning by the local welfare agency or the local law
enforcement agency outside the presence of the alleged offender or any person responsible
for the child's care at reasonable places and times as specified by court order.

(g) Before making an order under paragraph (f), the court shall issue an order to show
cause, either upon its own motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the hearing. The order to show cause
shall be served personally and shall be heard in the same manner as provided in other cases
in the juvenile court. The court shall consider the need for appointment of a guardian ad
litem to protect the best interests of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.

(h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information to
ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person reporting
the alleged maltreatment, including the nature of the reporter's relationship to the child and
to the alleged offender, and the basis of the reporter's knowledge for the report; the child
allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged maltreatment. The local welfare
agency or the agency responsible for investigating the report may make a determination of
no maltreatment early in an investigation, and close the case and retain immunity, if the
collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact
with the child reported to be maltreated and with the child's primary caregiver sufficient to
complete a safety assessment and ensure the immediate safety of the child. The face-to-face
contact with the child and primary caregiver shall occur immediately if sexual abuse or
substantial child endangerment is alleged and within five calendar days for all other reports.
If the alleged offender was not already interviewed as the primary caregiver, the local welfare
agency shall also conduct a face-to-face interview with the alleged offender in the early
stages of the assessment or investigation. At the initial contact, the local child welfare agency
or the agency responsible for assessing or investigating the report must inform the alleged
offender of the complaints or allegations made against the individual in a manner consistent
with laws protecting the rights of the person who made the report. The interview with the
alleged offender may be postponed if it would jeopardize an active law enforcement
investigation.

(k) When conducting an investigation, the local welfare agency shall use a question and
answer interviewing format with questioning as nondirective as possible to elicit spontaneous
responses. For investigations only, the following interviewing methods and procedures must
be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

(l) In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d,
except that the requirement for face-to-face observation of the child and face-to-face interview
of the alleged offender is to occur in the initial stages of the assessment or investigation
provided that the commissioner may also base the assessment or investigation on investigative
reports and data received from the school facility and local law enforcement, to the extent
those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20.

Minnesota Statutes 2017 Supplement, section 626.556, subdivision 10e, is amended
to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt of
the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or 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 has 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 and any appropriate licensing
entity
that a report was received, the subject of the report, the date of the initial report, the
category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was
not determined, and a summary of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (k);

(2) neglect as defined in subdivision 2, paragraph (g);

(3) sexual abuse as defined in subdivision 2, paragraph (n);

(4) mental injury as defined in subdivision 2, paragraph (f); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).

(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the
assessment or investigation sufficient to cause a child protection worker, as defined in
section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment
if protective intervention is not provided and that the individuals responsible for the child's
care have not taken or are not likely to take actions to protect the child from maltreatment
or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because the
child's parent, guardian, or other person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care of disease or remedial care
of the child, in lieu of medical care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.

Sec. 21.

Minnesota Statutes 2016, 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, or receives a stay of adjudication for,
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 or stay of adjudication 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 or stay of adjudication.

Sec. 22. REPEALER.

Minnesota Statutes 2017 Supplement, section 122A.09, subdivision 1, and Minnesota
Rules, part 8710.2100, subparts 1 and 2,
are repealed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

APPENDIX

Repealed Minnesota Statutes: H2795-1

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: H2795-1

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.

8710.2100 CODE OF ETHICS FOR MINNESOTA TEACHERS.

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.

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569