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SF 3437

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:38pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to education; allowing a preliminary license during a pending background
check; amending Minnesota Statutes 2019 Supplement, section 122A.18,
subdivision 8.

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

Section 1.

Minnesota Statutes 2019 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 obtain a criminal history background
check 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) payment to conduct the background check. The Professional Educator Licensing and
Standards Board must deposit payments received under this subdivision in an account in
the special revenue fund. Amounts in the account are annually appropriated to the
Professional Educator Licensing and Standards Board to pay for the costs of background
checks on applicants for licensure.

(b) The background check for all first-time teaching applicants for licenses must include
a review of information from the Bureau of Criminal Apprehension, including criminal
history data as defined in section 13.87, and must also include a review of the national
criminal records repository. The superintendent of the Bureau of Criminal Apprehension
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 must contract with the
commissioner of human services to conduct background checks and obtain background
check data required under this chapter.

new text begin (d) The Professional Educator Licensing and Standards Board and Board of School
Administrators may issue a preliminary license to an applicant while the background check
is pending if the applicant can demonstrate that the applicant meets other license eligibility
requirements and the hiring authority has completed a background check under section
123B.03 that meets the requirements of paragraph (b).
 new text end