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SF 402

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:12am

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 deleted text begin based on a board determination that sexual misconduct or attempted sexual
misconduct occurred between the teacher and a student
deleted text end . If disciplinary action has been
taken deleted text begin based on this type of misconductdeleted text end , 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 deleted text begin as a result of sexual misconduct or attempted
sexual misconduct with a student
deleted 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