Minnesota Administrative Rules

3512.5200 CODE OF ETHICS FOR SCHOOL ADMINISTRATORS.

Subpart 1.

Scope.

This part applies to all persons licensed as school administrators as defined in part 3512.0100, subparts 5 to 7.

Subp. 2.

Standards of professional conduct.

The standards of professional conduct for school administrators are listed in items A to K.

A.

A school administrator must provide professional educational services in a nondiscriminatory manner.

B.

A school administrator must take reasonable action to protect students and staff from conditions harmful to health and safety.

C.

A school administrator must take reasonable action to provide an atmosphere conducive to learning.

D.

A school administrator must not use professional relationships with students, parents and caregivers, staff, or colleagues to private advantage.

E.

A school administrator must disclose confidential information about individuals only when a compelling professional purpose is served in accordance with state and federal laws and school district policies.

F.

A school administrator must not knowingly falsify or misrepresent records or facts relating to the administrator's qualifications or to the qualifications of other staff or personnel.

G.

A school administrator must not knowingly make false or malicious statements about students, students' families, staff, or colleagues.

H.

A school administrator must not accept gratuities, gifts, or favors that impair professional judgment, nor offer any favor, service, or item of value to obtain special advantage.

I.

A school administrator must only accept a contract for a position when licensed for the position or when a school district is issued a variance by the board.

J.

A school administrator, in filling positions requiring licensure, must employ, recommend for employment, and assign only appropriately licensed personnel, or persons for whom the school district has been issued a variance by the appropriate state board or agency, unless, after making reasonable efforts to obtain a variance, an appropriately licensed person cannot be assigned and the position must be filled to meet a legitimate emergency educational need.

K.

A school administrator must not engage in conduct involving dishonesty, fraud, or misrepresentation in the performance of professional duties.

Subp. 3.

Statutory enforcement of code, complaints, investigation, and hearing.

The board must enforce this part according to Minnesota Statutes, section 214.10, subdivisions 1, 2, and 3.

Subp. 4.

Complaints handled by board.

A.

When the board receives complaints alleging violations of the code of ethics for school administrators, the board must require the complaining party to submit:

(1)

a signed, written complaint specifying the nature and character of the allegations; and

(2)

a consent form provided by the board.

B.

The board must consider only those complaints that comply with this subpart. The administrator is entitled to be represented by the administrator's own counsel or representative at each stage of the investigation and hearing.

Subp. 5.

Enforcement procedures.

The board may impose one or more of the following penalties when it finds a violation of a standard under subpart 2.

A.

The board may enter into agreements with administrators accused of violating the code of ethics to suspend or terminate proceedings against the administrator on conditions agreeable to both parties.

B.

The board may send a letter of censure to the person it determines is violating the standards of the code of ethics. The board must keep the letter on file for up to one calendar year.

C.

The board may place an administrator it finds violated the code of ethics on probationary licensure status for a period of time determined by the board. The board may impose conditions on the administrator during the probationary period directed toward improving the administrator's performance in the area of the violation. During this period, the administrator's performance or conduct is subject to board review. The board must direct the review toward monitoring the administrator's activities or performance and the conditions placed on the administrator during the probationary period. Before the probationary period ends, the board must decide to extend or terminate the administrator's probationary licensure status or take further disciplinary actions consistent with this subpart.

D.

The board may suspend the license of the person it determines is violating the standards of the code of ethics. The board must determine the time period of any suspension.

E.

The board may revoke the license of the person it determines violated the standards of the code of ethics.

Statutory Authority:

MS s 122A.14; 125.05; L 2006 c 263 art 2 s 20

History:

23 SR 1928; L 1998 c 398 art 5 s 55; L 2003 c 130 s 12; 33 SR 658; 44 SR 1385

Published Electronically:

June 25, 2020