1.1                          A bill for an act 
  1.2             relating to education; providing for restrictions for 
  1.3             teacher licenses and coach contracts; amending 
  1.4             Minnesota Statutes 1996, sections 125.05, subdivision 
  1.5             8; 125.09, subdivision 1; and 125.191. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 125.05, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
  1.10  and the state board of education shall request a criminal 
  1.11  history background check from the superintendent of the bureau 
  1.12  of criminal apprehension on all applicants for initial 
  1.13  licenses or renewal of licenses under their jurisdiction.  An 
  1.14  application for a license or renewal of a license under this 
  1.15  section must be accompanied by: 
  1.16     (1) an executed criminal history consent form, including 
  1.17  fingerprints; and 
  1.18     (2) a money order or cashier's check payable to the bureau 
  1.19  of criminal apprehension for the fee for conducting the criminal 
  1.20  history background check. 
  1.21     (b) The superintendent of the bureau of criminal 
  1.22  apprehension shall perform the background check required under 
  1.23  paragraph (a) by retrieving criminal history data maintained in 
  1.24  the criminal justice information system computers and shall also 
  1.25  conduct a search of the national criminal records repository, 
  2.1   including the criminal justice data communications network.  The 
  2.2   superintendent is authorized to exchange fingerprints with the 
  2.3   Federal Bureau of Investigation for purposes of the criminal 
  2.4   history check.  The superintendent shall recover the cost to the 
  2.5   bureau of a background check through the fee charged to the 
  2.6   applicant under paragraph (a). 
  2.7      (c) The board of teaching or the state board of education 
  2.8   may issue or renew a license pending completion of a background 
  2.9   check under this subdivision, but shall notify the individual 
  2.10  that the individual's license may be revoked based on the result 
  2.11  of the background check. 
  2.12     Sec. 2.  Minnesota Statutes 1996, section 125.09, 
  2.13  subdivision 1, is amended to read: 
  2.14     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
  2.15  DENIAL.] (a) The board of teaching or the state board of 
  2.16  education, whichever has jurisdiction over a teacher's 
  2.17  licensure, may, on the written complaint of the school board 
  2.18  employing a teacher, a teacher organization, or any other 
  2.19  interested person, which complaint shall specify the nature and 
  2.20  character of the charges, refuse to issue, refuse to renew, 
  2.21  suspend, or revoke a teacher's license to teach for any of the 
  2.22  following causes: 
  2.23     (1) Immoral character or conduct; 
  2.24     (2) Failure, without justifiable cause, to teach for the 
  2.25  term of the teacher's contract; 
  2.26     (3) Gross inefficiency or willful neglect of duty; or 
  2.27     (4) Failure to meet licensure requirements; or 
  2.28     (5) Fraud or misrepresentation in obtaining a license. 
  2.29     For purposes of this ~~subdivision~~ paragraph, the board of 
  2.30  teaching is delegated the authority to suspend or revoke 
  2.31  coaching licenses under the jurisdiction of the state board of 
  2.32  education. 
  2.33     (b) In addition to the causes under paragraph (a) and any 
  2.34  other law, the board of teaching and the state board of 
  2.35  education shall not issue a license to or renew a license of a 
  2.36  person who has been convicted under section 609.342, 609.343, 
  3.1   609.344, or 609.345. 
  3.2      Sec. 3.  Minnesota Statutes 1996, section 125.191, is 
  3.3   amended to read: 
  3.4      125.191 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.] 
  3.5      Subdivision 1.  [EMPLOYMENT; CONTRACT.] Notwithstanding 
  3.6   section 125.03, subdivision 1, a school district may employ as a 
  3.7   head varsity coach of an interscholastic sport at its secondary 
  3.8   school a person who does not have a license as head varsity 
  3.9   coach of interscholastic sports and who does not have a 
  3.10  bachelor's degree if: 
  3.11     (1) in the judgment of the school board, the person has the 
  3.12  knowledge and experience necessary to coach the sport; 
  3.13     (2) the position has been posted as a vacancy within the 
  3.14  present teaching staff for a period of 30 days and no licensed 
  3.15  coaches have applied for the position; 
  3.16     (3) the person can verify completion of six quarter 
  3.17  credits, or the equivalent, or 60 clock hours of instruction in 
  3.18  first aid and the care and prevention of athletic injuries; and 
  3.19     (4) the person can verify completion of a coaching methods 
  3.20  or theory course. 
  3.21     Notwithstanding section 125.121, a person employed as a 
  3.22  head varsity coach under this section has an annual contract as 
  3.23  a coach that the school board may or may not renew as the board 
  3.24  sees fit, after annually posting the position as required in 
  3.25  clause (2) and no licensed coach has applied for the position. 
  3.26     Subd. 2.  [CONTRACT LIMITATION.] A school board shall not 
  3.27  contract with or renew the contract of a person for head varsity 
  3.28  coach under subdivision 1 if the person has been convicted under 
  3.29  section 609.342, 609.343, 609.344, or 609.345.  The school board 
  3.30  shall request a criminal history background check of the person 
  3.31  before approval by the school board of the initial contract or 
  3.32  renewal of the contact according to the provisions of section 
  3.33  120.1045.