SF 540

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:18pm

A bill for an act
relating to education; modifying parent notification of child maltreatment in a
school facility; requiring a policy for educating employees about mandatory
child maltreatment reporting; amending Minnesota Statutes 2010, section
122A.20, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 123B.

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

Section 1.

Minnesota Statutes 2010, section 122A.20, subdivision 1, is amended to
read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Board of
Teaching 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 Board of Teaching 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 new text begin :
new text end

new text begin (1) new text end a conviction showing that the teacher has been convicted of child abuse, as
defined in section 609.185, sexual abuse under section 609.342, 609.343, 609.344,
609.345, 609.3451, subdivision 3, or 617.23, subdivision 3, using minors in a sexual
performance under section 617.246, or possessing pornographic works involving a minor
under section 617.247, or under a similar law of another state or the United States deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) a termination or discharge showing that the commissioner determined that
maltreatment occurred under section 626.556, subdivision 10e, paragraph (d), and as a
result of that determination, the school board terminated or discharged the teacher.
new text end

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.

(d) For purposes of this subdivision, the Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.

Sec. 2.

new text begin [123B.031] MODEL POLICY; MANDATORY CHILD MALTREATMENT
REPORTING.
new text end

new text begin The commissioner of education shall maintain and make available to school boards a
model policy on mandated reporting of child neglect or physical or sexual abuse under
section 626.556. Each school board shall adopt a written policy governing mandated child
maltreatment reporting. School districts shall include these policies in school personnel
handbooks and shall review the policies at least annually for compliance with state law.
new text end