Bill Text: MN HF2688 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Teacher-compliant data sharing provided.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-03 - Introduction and first reading, referred to Education Policy [HF2688 Detail]
Download: Minnesota-2013-HF2688-Introduced.html
1.2relating to education; providing for teacher-complaint data sharing;amending
1.3Minnesota Statutes 2012, section 122A.20, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 122A.20, subdivision 2, is amended to read:
1.6 Subd. 2. Mandatory reporting. A school board must report to the Board
1.7of Teaching, the Board of School Administrators, or the Board of Trustees of the
1.8Minnesota State Colleges and Universities, whichever has jurisdiction over the teacher's
1.9or administrator's license, when its teacher or administrator is discharged or resigns
1.10from employment after a charge is filed with the school board under section122A.41,
1.11subdivisions 6, clauses (1) , (2), and (3), and 7, or after charges are filed that are grounds for
1.12discharge under section122A.40, subdivision 13 , paragraph (a), clauses (1) to (5), or when
1.13a teacher or administrator is suspended or resigns while an investigation is pending under
1.14section122A.40, subdivision 13 , paragraph (a) clauses (1) to (5);
122A.41, subdivisions 6,
1.15clauses (1) , (2), and (3), and 7; or
626.556 , or when a teacher or administrator is suspended
1.16without an investigation under section122A.41, subdivisions 6, paragraph (a) , clauses (1),
1.17(2), and (3), and 7; or626.556 . The report must be made to the appropriate licensing board
1.18within ten days after the discharge, suspension, or resignation has occurred. The licensing
1.19board to which the report is made must investigate the report for violation of subdivision
1.201 and the reporting board must cooperate in the investigation. Notwithstanding any
1.21provision in chapter 13 or any law to the contrary, upon written request from the licensing
1.22board having jurisdiction over the license, a board or school superintendent shall provide
1.23the licensing board with information about the teacher or administrator from the district's
1.24files, any termination or disciplinary proceeding, any settlement or compromise, or any
2.1investigative file. Upon written request from the appropriate licensing board, a board or
2.2school superintendent may, at the discretion of the board or school superintendent, solicit
2.3the written consent of a student and the student's parent to provide the licensing board with
2.4information that may aid the licensing board in its investigation and license proceedings.
2.5The licensing board's request need not identify a student or parent by name. The consent
2.6of the student and the student's parent must meet the requirements of chapter 13 and Code
2.7of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
2.8form to the district. Any data transmitted to any board under this section is private data
2.9under section13.02, subdivision 12 , notwithstanding any other classification of the data
2.10when it was in the possession of any other agency.
2.11The licensing board to which a report is made must transmit to the Attorney
2.12General's Office any record or data it receives under this subdivision for the sole purpose
2.13of having the Attorney General's Office assist that board in its investigation. When the
2.14Attorney General's Office has informed an employee of the appropriate licensing board in
2.15writing that grounds exist to suspend or revoke a teacher's license to teach, that licensing
2.16board must consider suspending or revoking or decline to suspend or revoke the teacher's
2.17or administrator's license within 45 days of receiving a stipulation executed by the teacher
2.18or administrator under investigation or a recommendation from an administrative law
2.19judge that disciplinary action be taken.
2.20Notwithstanding any provision in chapter 13 or any law to the contrary, upon
2.21a written request by a hiring school board, the licensing board must share with the
2.22requesting school board the details of a report made to the licensing board concerning a
2.23teacher or administrator.
1.3Minnesota Statutes 2012, section 122A.20, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 122A.20, subdivision 2, is amended to read:
1.6 Subd. 2. Mandatory reporting. A school board must report to the Board
1.7of Teaching, the Board of School Administrators, or the Board of Trustees of the
1.8Minnesota State Colleges and Universities, whichever has jurisdiction over the teacher's
1.9or administrator's license, when its teacher or administrator is discharged or resigns
1.10from employment after a charge is filed with the school board under section
1.11subdivisions 6, clauses (1)
1.12discharge under section
1.13a teacher or administrator is suspended or resigns while an investigation is pending under
1.14section
1.15clauses (1)
1.16without an investigation under section
1.17(2), and (3), and 7; or
1.18within ten days after the discharge, suspension, or resignation has occurred. The licensing
1.19board to which the report is made must investigate the report for violation of subdivision
1.201 and the reporting board must cooperate in the investigation. Notwithstanding any
1.21provision in chapter 13 or any law to the contrary, upon written request from the licensing
1.22board having jurisdiction over the license, a board or school superintendent shall provide
1.23the licensing board with information about the teacher or administrator from the district's
1.24files, any termination or disciplinary proceeding, any settlement or compromise, or any
2.1investigative file. Upon written request from the appropriate licensing board, a board or
2.2school superintendent may, at the discretion of the board or school superintendent, solicit
2.3the written consent of a student and the student's parent to provide the licensing board with
2.4information that may aid the licensing board in its investigation and license proceedings.
2.5The licensing board's request need not identify a student or parent by name. The consent
2.6of the student and the student's parent must meet the requirements of chapter 13 and Code
2.7of Federal Regulations, title 34, section 99.30. The licensing board may provide a consent
2.8form to the district. Any data transmitted to any board under this section is private data
2.9under section
2.10when it was in the possession of any other agency.
2.11The licensing board to which a report is made must transmit to the Attorney
2.12General's Office any record or data it receives under this subdivision for the sole purpose
2.13of having the Attorney General's Office assist that board in its investigation. When the
2.14Attorney General's Office has informed an employee of the appropriate licensing board in
2.15writing that grounds exist to suspend or revoke a teacher's license to teach, that licensing
2.16board must consider suspending or revoking or decline to suspend or revoke the teacher's
2.17or administrator's license within 45 days of receiving a stipulation executed by the teacher
2.18or administrator under investigation or a recommendation from an administrative law
2.19judge that disciplinary action be taken.
2.20Notwithstanding any provision in chapter 13 or any law to the contrary, upon
2.21a written request by a hiring school board, the licensing board must share with the
2.22requesting school board the details of a report made to the licensing board concerning a
2.23teacher or administrator.
