122A.20 SUSPENSION OR REVOCATION OF LICENSES.
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 a conviction
showing that the teacher has been convicted of child abuse, as defined in section
abuse under section
609.3451, subdivision 3
, using minors in a sexual performance under section
, or possessing
pornographic works involving a minor under section
, or under a similar law of another
state or the United States. 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(c) A person whose license to teach has been revoked, not issued, or not renewed under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
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority to
suspend or revoke coaching licenses.
Subd. 2. Mandatory reporting.
A school board must report to the Board of Teaching,
the Board of School Administrators, or the Board of Trustees of the Minnesota State Colleges
and Universities, whichever has jurisdiction over the teacher's or administrator's license, when
its teacher or administrator is discharged or resigns from employment after a charge is filed
with the school board under section
122A.41, subdivisions 6, clauses (1)
, (2), and (3), and 7, or
after charges are filed that are grounds for discharge under section
122A.40, subdivision 13
paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns while
an investigation is pending under section
122A.40, subdivision 13
, paragraph (a) clauses (1) to
122A.41, subdivisions 6, clauses (1)
, (2), and (3), and 7; or
, or when a teacher
or administrator is suspended without an investigation under section
6, paragraph (a)
, clauses (1), (2), and (3), and 7; or
. The report must be made to the
appropriate licensing board within ten days after the discharge, suspension, or resignation has
occurred. The licensing board to which the report is made must investigate the report for violation
of subdivision 1 and the reporting board must cooperate in the investigation. Notwithstanding
any provision in chapter 13 or any law to the contrary, upon written request from the licensing
board having jurisdiction over the license, a board or school superintendent shall provide the
licensing board with information about the teacher or administrator from the district's files, any
termination or disciplinary proceeding, any settlement or compromise, or any investigative file.
Upon written request from the appropriate licensing board, a board or school superintendent
may, at the discretion of the board or school superintendent, solicit the written consent of a
student and the student's parent to provide the licensing board with information that may aid the
licensing board in its investigation and license proceedings. The licensing board's request need
not identify a student or parent by name. The consent of the student and the student's parent must
meet the requirements of chapter 13 and Code of Federal Regulations, title 34, section
licensing board may provide a consent form to the district. Any data transmitted to any board
under this section is private data under section
13.02, subdivision 12
, notwithstanding any other
classification of the data when it was in the possession of any other agency.
The licensing board to which a report is made must transmit to the Attorney General's Office
any record or data it receives under this subdivision for the sole purpose of having the Attorney
General's Office assist that board in its investigation. When the Attorney General's Office has
informed an employee of the appropriate licensing board in writing that grounds exist to suspend
or revoke a teacher's license to teach, that licensing board must consider suspending or revoking
or decline to suspend or revoke the teacher's or administrator's license within 45 days of receiving
a stipulation executed by the teacher or administrator under investigation or a recommendation
from an administrative law judge that disciplinary action be taken.
Subd. 3. Immunity from liability.
A school board, its members in their official capacity, and
employees of the district run by the board are immune from civil or criminal liability for reporting
or cooperating as required under subdivision 2, if their actions required under subdivision 2 are
done in good faith and with due care.
History: Ex1959 c 71 art 6 s 9; Ex1967 c 25 s 6; 1969 c 869 s 1; 1971 c 155 s 1; 1973 c 749
s 6; 1975 c 271 s 6; 1976 c 222 s 15,27,208; 1980 c 345 s 6; 1986 c 444; 1989 c 97 s 1,2; 1990 c
375 s 3; 1991 c 265 art 9 s 44; 1994 c 647 art 8 s 15; 1995 c 226 art 3 s 7; 1996 c 412 art 13 s 20;
1998 c 397 art 8 s 15,101; art 11 s 3; 1998 c 398 art 5 s 55; 1999 c 201 s 1; 1999 c 241 art 9 s
10,11; 1Sp2001 c 6 art 7 s 9; 2002 c 379 art 1 s 42; 2004 c 294 art 2 s 11; 2007 c 146 art 2 s 12