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HF 523

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to education; modifying school background check requirements relating
to disciplinary actions; amending Minnesota Statutes 2008, section 123B.03,
subdivision 1a.

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

Section 1.

Minnesota Statutes 2008, section 123B.03, subdivision 1a, is amended to
read:


Subd. 1a.

Investigation of disciplinary actions taken against prospective
teachers.

new text begin (a) new text end 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 contact the
Board of Teaching to determine whether the board has taken disciplinary action against
the teacher based on deleted text begin a board determination thatdeleted text end sexual misconduct or attempted sexual
misconduct deleted text begin occurreddeleted text end between the teacher and a studentnew text begin or other misconduct resulting in
board disciplinary actionnew text end . If disciplinary action has been taken based on deleted text begin this type ofdeleted text end
deleted text begin deleted text end misconduct, the school board or other hiring authority must obtain access to data that are
public under section 13.41, subdivision 5, that relate to the substance of the disciplinary
action. In addition, 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 the individual's teaching
license as a result of sexual misconduct or attempted sexual misconduct with a student
new text begin or other misconduct new text end and indicate to the applicant that intentionally submitting false or
incomplete information is a ground for dismissal.

new text begin (b) 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.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective May 1, 2009.
 new text end