1.1                          A bill for an act 
  1.2             relating to education; providing that a person 
  1.3             convicted of child abuse or sexual abuse is ineligible 
  1.4             to be licensed as a teacher; providing for 
  1.5             reconsideration in cases of reversal by a court or 
  1.6             issuance of a pardon; amending Minnesota Statutes 
  1.7             1998, sections 122A.20, subdivision 1; 122A.40, 
  1.8             subdivisions 5 and 13; 122A.41, subdivision 6; and 
  1.9             631.40, by adding a subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 122A.20, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
  1.14  DENIAL.] (a) The board of teaching or the state board of 
  1.15  education, whichever has jurisdiction over a teacher's 
  1.16  licensure, may, on the written complaint of the school board 
  1.17  employing a teacher, a teacher organization, or any other 
  1.18  interested person, refuse to issue, refuse to renew, suspend, or 
  1.19  revoke a teacher's license to teach for any of the following 
  1.20  causes: 
  1.21     (1) Immoral character or conduct; 
  1.22     (2) Failure, without justifiable cause, to teach for the 
  1.23  term of the teacher's contract; 
  1.24     (3) Gross inefficiency or willful neglect of duty; or 
  1.25     (4) Failure to meet licensure requirements; or 
  1.26     (5) Fraud or misrepresentation in obtaining a license. 
  1.27     The written complaint must specify the nature and character 
  2.1   of the charges.  
  2.2      (b) The board of teaching or the state board of education, 
  2.3   whichever has jurisdiction over a teacher's licensure, shall 
  2.4   refuse to issue, refuse to renew, or automatically revoke a 
  2.5   teacher's license to teach without the right to a hearing upon 
  2.6   receiving a certified copy of a conviction showing that the 
  2.7   teacher has been convicted of child abuse, as defined in section 
  2.8   609.185, or sexual abuse under section 609.342, 609.343, 
  2.9   609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
  2.10  subdivision 3, or under a similar law of another state or the 
  2.11  United States.  The board shall send notice of this licensing 
  2.12  action to the district in which the teacher is currently 
  2.13  employed. 
  2.14     (c) A person whose license to teach has been revoked, not 
  2.15  issued, or not renewed under paragraph (b), may petition the 
  2.16  board to reconsider the licensing action if the person's 
  2.17  conviction for child abuse or sexual abuse is reversed by a 
  2.18  final decision of the court of appeals or the supreme court or 
  2.19  if the person has received a pardon for the offense.  The 
  2.20  petitioner shall attach a certified copy of the appellate 
  2.21  court's final decision or the pardon to the petition.  Upon 
  2.22  receiving the petition and its attachment, the board shall 
  2.23  schedule and hold a disciplinary hearing on the matter under 
  2.24  section 214.10, subdivision 2, unless the petitioner waives the 
  2.25  right to a hearing.  If the board finds that, notwithstanding 
  2.26  the reversal of the petitioner's criminal conviction or the 
  2.27  issuance of a pardon, the petitioner is disqualified from 
  2.28  teaching under paragraph (a), clause (1), the board shall affirm 
  2.29  its previous licensing action.  If the board finds that the 
  2.30  petitioner is not disqualified from teaching under paragraph 
  2.31  (a), clause (1), it shall reverse its previous licensing action. 
  2.32     (d) For purposes of this subdivision, the board of teaching 
  2.33  is delegated the authority to suspend or revoke coaching 
  2.34  licenses under the jurisdiction of the state board of education. 
  2.35     Sec. 2.  Minnesota Statutes 1998, section 122A.40, 
  2.36  subdivision 5, is amended to read: 
  3.1      Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
  3.2   consecutive years of a teacher's first teaching experience in 
  3.3   Minnesota in a single district is deemed to be a probationary 
  3.4   period of employment, and after completion thereof, the 
  3.5   probationary period in each district in which the teacher is 
  3.6   thereafter employed shall be one year.  The school board must 
  3.7   adopt a plan for written evaluation of teachers during the 
  3.8   probationary period.  Evaluation must occur at least three times 
  3.9   each year for a teacher performing services on 120 or more 
  3.10  school days, at least two times each year for a teacher 
  3.11  performing services on 60 to 119 school days, and at least one 
  3.12  time each year for a teacher performing services on fewer than 
  3.13  60 school days.  Days devoted to parent-teacher conferences, 
  3.14  teachers' workshops, and other staff development opportunities 
  3.15  and days on which a teacher is absent from school must not be 
  3.16  included in determining the number of school days on which a 
  3.17  teacher performs services.  Except as otherwise provided in 
  3.18  paragraph (b), during the probationary period any annual 
  3.19  contract with any teacher may or may not be renewed as the 
  3.20  school board shall see fit.  However, the board must give any 
  3.21  such teacher whose contract it declines to renew for the 
  3.22  following school year written notice to that effect before June 
  3.23  1.  If the teacher requests reasons for any nonrenewal of a 
  3.24  teaching contract, the board must give the teacher its reason in 
  3.25  writing, including a statement that appropriate supervision was 
  3.26  furnished describing the nature and the extent of such 
  3.27  supervision furnished the teacher during the employment by the 
  3.28  board, within ten days after receiving such request.  The school 
  3.29  board may, after a hearing held upon due notice, discharge a 
  3.30  teacher during the probationary period for cause, effective 
  3.31  immediately, under section 122A.44.  
  3.32     (b) A board must discharge a probationary teacher, 
  3.33  effective immediately, upon receipt of notice under section 
  3.34  122A.20, subdivision 1, paragraph (b), that the teacher's 
  3.35  license has been revoked due to a conviction for child abuse or 
  3.36  sexual abuse. 
  4.1      Sec. 3.  Minnesota Statutes 1998, section 122A.40, 
  4.2   subdivision 13, is amended to read: 
  4.3      Subd. 13.  [IMMEDIATE DISCHARGE.] (a) Except as otherwise 
  4.4   provided in paragraph (b), a board may discharge a 
  4.5   continuing-contract teacher, effective immediately, upon any of 
  4.6   the following grounds: 
  4.7      (a) Immoral conduct, insubordination, or conviction of a 
  4.8   felony; 
  4.9      (b) Conduct unbecoming a teacher which requires the 
  4.10  immediate removal of the teacher from classroom or other duties; 
  4.11     (c) Failure without justifiable cause to teach without 
  4.12  first securing the written release of the school board; 
  4.13     (d) Gross inefficiency which the teacher has failed to 
  4.14  correct after reasonable written notice; 
  4.15     (e) Willful neglect of duty; or 
  4.16     (f) Continuing physical or mental disability subsequent to 
  4.17  a 12 months leave of absence and inability to qualify for 
  4.18  reinstatement in accordance with subdivision 12. 
  4.19     For purposes of this ~~subdivision~~ paragraph, conduct 
  4.20  unbecoming a teacher includes an unfair discriminatory practice 
  4.21  described in section 363.03, subdivision 5. 
  4.22     Prior to discharging a teacher under this paragraph, the 
  4.23  board must notify the teacher in writing and state its ground 
  4.24  for the proposed discharge in reasonable detail.  Within ten 
  4.25  days after receipt of this notification the teacher may make a 
  4.26  written request for a hearing before the board and it shall be 
  4.27  granted before final action is taken.  The board may, however, 
  4.28  suspend a teacher with pay pending the conclusion of such 
  4.29  hearing and determination of the issues raised in the hearing 
  4.30  after charges have been filed which constitute ground for 
  4.31  discharge.  
  4.32     (b) A board must discharge a continuing-contract teacher, 
  4.33  effective immediately, upon receipt of notice under section 
  4.34  122A.20, subdivision 1, paragraph (b), that the teacher's 
  4.35  license has been revoked due to a conviction for child abuse or 
  4.36  sexual abuse.  
  5.1      Sec. 4.  Minnesota Statutes 1998, section 122A.41, 
  5.2   subdivision 6, is amended to read: 
  5.3      Subd. 6.  [GROUNDS FOR DISCHARGE OR DEMOTION.] (a) Except 
  5.4   as otherwise provided in paragraph (b), causes for the discharge 
  5.5   or demotion of a teacher either during or after the probationary 
  5.6   period must be: 
  5.7      (1) Immoral character, conduct unbecoming a teacher, or 
  5.8   insubordination; 
  5.9      (2) Failure without justifiable cause to teach without 
  5.10  first securing the written release of the school board having 
  5.11  the care, management, or control of the school in which the 
  5.12  teacher is employed; 
  5.13     (3) Inefficiency in teaching or in the management of a 
  5.14  school; 
  5.15     (4) Affliction with active tuberculosis or other 
  5.16  communicable disease must be considered as cause for removal or 
  5.17  suspension while the teacher is suffering from such disability; 
  5.18  or 
  5.19     (5) Discontinuance of position or lack of pupils. 
  5.20     For purposes of this ~~subdivision~~ paragraph, conduct 
  5.21  unbecoming a teacher includes an unfair discriminatory practice 
  5.22  described in section 363.03, subdivision 5.  
  5.23     (b) A probationary or continuing-contract teacher must be 
  5.24  discharged immediately upon receipt of notice under section 
  5.25  122A.20, subdivision 1, paragraph (b), that the teacher's 
  5.26  license has been revoked due to a conviction for child abuse or 
  5.27  sexual abuse. 
  5.28     Sec. 5.  Minnesota Statutes 1998, section 631.40, is 
  5.29  amended by adding a subdivision to read: 
  5.30     Subd. 4.  [LICENSED TEACHERS.] When a person is convicted 
  5.31  of child abuse, as defined in section 609.185, or sexual abuse 
  5.32  under section 609.342, 609.343, 609.344, 609.345, 609.3451, 
  5.33  subdivision 3, or 617.23, subdivision 3, the court shall 
  5.34  determine whether the person is licensed to teach under chapter 
  5.35  122A.  If the offender is a licensed teacher, the court 
  5.36  administrator shall send a certified copy of the conviction to 
  6.1   the board of teaching or the state board of education, whichever 
  6.2   has jurisdiction over the teacher's license, within ten days 
  6.3   after the conviction. 
  6.4      Sec. 6.  [EFFECTIVE DATE.] 
  6.5      Sections 1 to 5 are effective the day following final 
  6.6   enactment and apply to licensing actions occurring on or after 
  6.7   that date.