SF 3490

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 11:26am

A bill for an act
relating to education; modifying the grounds for revocation, suspension, or denial
of a teaching license; amending Minnesota Statutes 2019 Supplement, section
122A.20, subdivision 1.

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

Section 1.

Minnesota Statutes 2019 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; deleted text begin or
deleted text end

(5) fraud or misrepresentation in obtaining a license deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) engagement in any sexual conduct or contact with a student, such as intentional and
inappropriate patting, touching, pinching, or other physical contact with a student that is
sexually motivated.
new text end

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 refuse to issue,
refuse to renew, or automatically revoke a teacher's license to teach without the right to a
hearing upon receiving a certified copy of a conviction showing that the teacher has been
convicted of new text begin :
new text end

new text begin (1) new text end child abuse, as defined in section 609.185 deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end sex trafficking in the first degree under section 609.322, subdivision 1 deleted text begin , deleted text end new text begin ;
new text end

new text begin (3) new text end sex trafficking in the second degree under section 609.322, subdivision 1a deleted text begin , deleted text end new text begin ;
new text end

new text begin (4) new text end engaging in new text begin prostitution, new text end hiring deleted text begin , deleted text end or agreeing to hire a minor to engage in prostitution new text begin ,
or housing an unrelated minor engaged in prostitution new text end under section 609.324, subdivision
1 deleted text begin , deleted text end new text begin or 1a;
new text end

new text begin (5) criminal new text end sexual deleted text begin abuse deleted text end new text begin conduct new text end under section 609.342, 609.343, 609.344, 609.345,
new text begin or new text end 609.3451, subdivision 3 deleted text begin , or deleted text end new text begin ;
new text end

new text begin (6) indecent exposure under section new text end 617.23, deleted text begin subdivision deleted text end new text begin subdivisions 2 and new text end 3 deleted text begin , deleted text end new text begin ;
new text end

new text begin (7) new text end solicitation of children to engage in sexual conduct or communication of sexually
explicit materials to children under section 609.352 deleted text begin , deleted text end new text begin ;
new text end

new text begin (8) new text end interference with privacy under section 609.746 or harassment or stalking under
section 609.749 and the victim was a minor deleted text begin , deleted text end new text begin ;
new text end

new text begin (9) new text end using minors in a sexual performance under section 617.246 deleted text begin , deleted text end new text begin ;
new text end

new text begin (10) new text end possessing pornographic works involving a minor under section 617.247 deleted text begin , deleted text end new text begin ; new text end or

new text begin (11) new text end 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 send notice of this licensing action to the district in
which the teacher is currently employed.

(c) A person whose license to teach has been revoked, not issued, or not renewed under
paragraph (b), may petition the board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a final decision of the court of
appeals or the supreme court or if the person has received a pardon for the offense. The
petitioner shall attach a certified copy of the appellate court's final decision or the pardon
to the petition. Upon receiving the petition and its attachment, the board shall schedule and
hold a disciplinary hearing on the matter under section 214.10, subdivision 2, unless the
petitioner waives the right to a hearing. If the board finds that, notwithstanding the reversal
of the petitioner's criminal conviction or the issuance of a pardon, the petitioner is disqualified
from teaching under paragraph (a), clause (1), the board shall affirm its previous licensing
action. If the board finds that the petitioner is not disqualified from teaching under paragraph
(a), clause (1), it shall reverse its previous licensing action.

new text begin (d) The Professional Educator Licensing and Standards Board or the Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must refuse to issue,
refuse to renew, or automatically revoke a teacher's license 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.
new text end

new text begin (e) The Professional Educator Licensing and Standards Board or the Board of School
Administrators, whichever has jurisdiction over a teacher's licensure, must review and may
refuse to issue, refuse to renew, or revoke a teacher's license upon receiving a certified copy
of a conviction showing that the teacher has been convicted of:
new text end

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

new text begin (2) embezzlement of public funds under section 609.54; or
new text end

new text begin (3) a felony involving a minor as the victim.
new text end

new text begin If an offense included in clause (1), (2), or (3) is already included in paragraph (b), the
provisions of paragraph (b) apply to the conduct.
new text end

new text begin (f) Section 122A.188 does not apply to a decision by the board to refuse to issue, refuse
to renew, or revoke a license under this subdivision. A person whose license has been
revoked, not issued, or not renewed under this subdivision may appeal the decision by filing
a written request with the Professional Educator Licensing and Standards Board or the Board
of School Administrators, as appropriate, within 30 days of notice of the licensing action.
The board must then initiate a contested case under the Administrative Procedure Act,
chapter 14.
new text end

new text begin (g) The Professional Educator Licensing and Standards Board or the 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). The teacher's license is suspended until the licensing board
completes its disciplinary investigation and determines whether disciplinary action is
necessary.
new text end

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