SF 3953

as introduced - 90th Legislature (2017 - 2018) Posted on 07/23/2018 02:55pm

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; 631.40, subdivision 1a; Minnesota
Statutes 2017 Supplement, sections 122A.09, subdivision 2; 122A.187, by adding
a subdivision; 122A.20, subdivisions 1, 2; 122A.40, subdivision 13; 122A.41,
subdivision 6; 123B.03, subdivision 1; 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.

new text begin [122A.051] CODE OF ETHICS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Standards of professional conduct. new text end

new text begin (a) A teacher must provide professional
education services in a nondiscriminatory manner.
new text end

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

new text begin (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.
new text end

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

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

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

new text begin (g) A teacher must not deliberately suppress or distort subject matter.
new text end

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

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 new text begin in section 122A.051 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

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

new text begin Subd. 7. new text end

new text begin Background check. new text end

new text begin 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 4.

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, deleted text begin shall deleted text end new text begin must new text end 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 new text begin or a stay of adjudication new text end showing
that the teacher has been convicted of new text begin , or received a stay of adjudication for:
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) 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 (3) domestic assault under section 609.2242;
new text end

new text begin (4) 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 (5) 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 (6) new text end engaging in hiring, or agreeing to hire a minor to engage in prostitution under section
609.324, deleted text begin subdivision deleted text end new text begin subdivisions new text end 1, deleted text begin sexual abuse deleted text end new text begin 1a, and 2;
new text end

new text begin (7) criminal sexual conduct new text end under section 609.342, 609.343, 609.344, 609.345, 609.3451,
subdivision 3, or 617.23, subdivision 3 deleted text begin , deleted text end new text begin ;
new text end

new text begin (8) 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 (9) embezzlement of public funds under section 609.54;
new text end

new text begin (10) new text end interference with privacy under section 609.746 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 (11) 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 (12) 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 (13) 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end
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 deleted text begin shall deleted text end new text begin must new text end affirm
its previous licensing action. If the board finds that the petitioner is not disqualified from
teaching under paragraph (a), clause (1), it deleted text begin shall deleted text end new text begin must new text end reverse its previous licensing action.

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

deleted text begin (d) deleted text end new text begin (g) 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 5.

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 deleted text begin shall deleted text end new text begin must new text end
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 new text begin or the Board of School
Administrators new text end to appropriate law enforcement authorities does not diminish, modify, or
otherwise affect the responsibilities of a new text begin licensing board, new text end school board new text begin , new text end or any person
mandated to report abuse under section 626.556.

new text begin (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:
new text end

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

new text begin (2) the police department, county sheriff, or tribal police department.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2018.
new text end

Sec. 6.

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 deleted text begin shall deleted text end new text begin must new text end 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 new text begin or stay of adjudication new text end for new text begin :
new text end

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

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

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

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

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

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

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

new text begin (8) new text end using minors in a sexual performance under section 617.246;

new text begin (9) new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end

new text begin (10) 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 new text begin ; or
new text end

new text begin (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) new text end .

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 7.

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 new text begin or stay of adjudication new text end for new text begin :
new text end

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

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

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

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

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

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

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

new text begin (8) new text end using minors in a sexual performance under section 617.246;

new text begin (9) new text end possessing pornographic works involving a minor under section 617.247; deleted text begin or
deleted text end

new text begin (10) 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 new text begin ; or
new text end

new text begin (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) new text end .

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2018-2019 school year and later.
new text end

Sec. 8.

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

Subdivision 1.

Background check required.

(a) A school hiring authority deleted text begin shall deleted text end new text begin must new text end
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.

new text begin (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.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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. 9.

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 new text begin , or received a stay of adjudication for, new text end 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. 10.

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 new text begin , or received a stay of adjudication for, new text end 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) deleted text begin , (i), deleted text end 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. new text begin 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.
new text end

(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. 11.

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 new text begin , or received a stay of adjudication for, new text end
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. 12.

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 new text begin , or received a stay of adjudication for, new text end 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. 13.

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 new text begin (1) new text end sentences
a defendant for a felony, gross misdemeanor, or targeted misdemeanor new text begin , or (2) grants a stay
of adjudication pursuant to section 609.095, paragraph (b), clause (2), new text end 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. 14.

new text begin [299C.77] BACKGROUND CHECKS; ADDITIONAL DISCLOSURE.
new text end

new text begin 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.
new text end

Sec. 15.

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 new text begin :
new text end

new text begin (1) new text end section 152.18 or 609.375 deleted text begin , deleted text end new text begin ; new text end or

new text begin (2) new text end 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.

new text begin 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.
new text end

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

Sec. 16.

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; deleted text begin or
deleted text end

(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) deleted text begin . deleted text end new text begin ; or
new text end

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

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

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 new text begin and any appropriate licensing
entity new text end 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. 18.

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 new text begin , or receives a stay of adjudication for, new text end
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 new text begin or stay of adjudication new text end 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 new text begin or stay of adjudication new text end .

Sec. 19. new text begin REPEALER.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-5700

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: 18-5700

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.

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.