as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 01:21pm
A bill for an act
relating to education; modifying certain teacher background check requirements;
amending Minnesota Statutes 2012, section 123B.03, subdivision 1a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 123B.03, subdivision 1a, is amended to
read:
(a) At the time a school board or other hiring authority conducts the criminal
history background check required under subdivision 1 on an individual offered
employment as a teacher, the school board or other hiring authority must contactnew text begin (1) new text end the
Board of Teaching to determine whether the board has taken disciplinary action against the
teachernew text begin or has received reports under section 122A.20, subdivision 2, regarding the teacher
and (2) the Department of Education to determine whether any reports of maltreatment of
a child have been filed against the teacher under section 626.556, subdivision 11. The
Board of Teaching and the Department of Education must respond within two business
days to the school board or hiring authority's requestnew text end . The school board or other hiring
authority must obtain access to data that are public under section 13.41, subdivision 5,
from the Board of Teachingnew text begin and the Department of Educationnew text end that relate to the substance
of the disciplinary actiondeleted text begin . In addition,deleted text end new text begin or report of maltreatment. If the Board of Teaching
or the Department of Education has relevant public data, it must transmit that data to the
school board or hiring authority within five business days.
new text end
new text begin (b) new text end The school board or other hiring authority must require the individual to provide
information in the employment application regarding all current and previous disciplinary
actions in Minnesota and other states taken against new text begin the individual, including against new text end the
individual's teaching license and indicate to the applicant that intentionally submitting
false or incomplete information is a ground for dismissal.
deleted text begin (b)deleted text end new text begin (c) new text end For purposes of this subdivision, "disciplinary action" does not include an
action based on court-ordered child support or maintenance payment arrearages under
section 214.101 or delinquent state taxes under section 270C.72.