Bill Text: MN SF540 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School boards mandatory child maltreatment reporting model policy requirement; teachers license termination or discharge actions due to maltreatment modifications
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-04-28 - Comm report: To pass as amended and re-refer to Judiciary and Public Safety [SF540 Detail]
Download: Minnesota-2011-SF540-Introduced.html
Bill Title: School boards mandatory child maltreatment reporting model policy requirement; teachers license termination or discharge actions due to maltreatment modifications
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-04-28 - Comm report: To pass as amended and re-refer to Judiciary and Public Safety [SF540 Detail]
Download: Minnesota-2011-SF540-Introduced.html
1.2relating to education; modifying parent notification of child maltreatment in a
1.3school facility; requiring a policy for educating employees about mandatory
1.4child maltreatment reporting;amending Minnesota Statutes 2010, section
1.5122A.20, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.6chapter 123B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 122A.20, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Grounds for revocation, suspension, or denial. (a) The Board of
1.11Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
1.12licensure, may, on the written complaint of the school board employing a teacher, a teacher
1.13organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
1.14revoke a teacher's license to teach for any of the following causes:
1.15 (1) immoral character or conduct;
1.16 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
1.17 (3) gross inefficiency or willful neglect of duty;
1.18 (4) failure to meet licensure requirements; or
1.19 (5) fraud or misrepresentation in obtaining a license.
1.20 The written complaint must specify the nature and character of the charges.
1.21 (b) The Board of Teaching or Board of School Administrators, whichever
1.22has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or
1.23automatically revoke a teacher's license to teach without the right to a hearing upon
1.24receiving a certified copy of:
2.1(1) a conviction showing that the teacher has been convicted of child abuse, as
2.2defined in section609.185 , sexual abuse under section
609.342 ,
609.343 ,
609.344 ,
2.3609.345
,
609.3451, subdivision 3 , or
617.23, subdivision 3 , using minors in a sexual
2.4performance under section617.246 , or possessing pornographic works involving a minor
2.5under section617.247 , or under a similar law of another state or the United States.; or
2.6(2) a termination or discharge showing that the teacher has been terminated or
2.7discharged by a school board for maltreatment of a minor on one or more occasions in
2.8any school facility.
2.9The board shall send notice of this licensing action to the district in which the
2.10teacher is currently employed.
2.11 (c) A person whose license to teach has been revoked, not issued, or not renewed
2.12under paragraph (b), may petition the board to reconsider the licensing action if the
2.13person's conviction for child abuse or sexual abuse is reversed by a final decision of the
2.14Court of Appeals or the Supreme Court or if the person has received a pardon for the
2.15offense. The petitioner shall attach a certified copy of the appellate court's final decision or
2.16the pardon to the petition. Upon receiving the petition and its attachment, the board shall
2.17schedule and hold a disciplinary hearing on the matter under section214.10, subdivision 2 ,
2.18unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
2.19the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
2.20petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
2.21affirm its previous licensing action. If the board finds that the petitioner is not disqualified
2.22from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
2.23 (d) For purposes of this subdivision, the Board of Teaching is delegated the authority
2.24to suspend or revoke coaching licenses.
2.25 Sec. 2. [123B.031] MODEL POLICY; MANDATORY CHILD MALTREATMENT
2.26REPORTING.
2.27School board training for district employees regarding employee responsibility as
2.28mandatory child maltreatment reporters shall address all aspects of maltreatment reporting
2.29such as the criminal aspects of failing to report child abuse in the school facility. The
2.30commissioner shall maintain a model policy and make it available to school boards.
1.3school facility; requiring a policy for educating employees about mandatory
1.4child maltreatment reporting;amending Minnesota Statutes 2010, section
1.5122A.20, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.6chapter 123B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 122A.20, subdivision 1, is amended to
1.9read:
1.10 Subdivision 1. Grounds for revocation, suspension, or denial. (a) The Board of
1.11Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
1.12licensure, may, on the written complaint of the school board employing a teacher, a teacher
1.13organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
1.14revoke a teacher's license to teach for any of the following causes:
1.15 (1) immoral character or conduct;
1.16 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
1.17 (3) gross inefficiency or willful neglect of duty;
1.18 (4) failure to meet licensure requirements; or
1.19 (5) fraud or misrepresentation in obtaining a license.
1.20 The written complaint must specify the nature and character of the charges.
1.21 (b) The Board of Teaching or Board of School Administrators, whichever
1.22has jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or
1.23automatically revoke a teacher's license to teach without the right to a hearing upon
1.24receiving a certified copy of:
2.1(1) a conviction showing that the teacher has been convicted of child abuse, as
2.2defined in section
2.4performance under section
2.5under section
2.6(2) a termination or discharge showing that the teacher has been terminated or
2.7discharged by a school board for maltreatment of a minor on one or more occasions in
2.8any school facility.
2.9The board shall send notice of this licensing action to the district in which the
2.10teacher is currently employed.
2.11 (c) A person whose license to teach has been revoked, not issued, or not renewed
2.12under paragraph (b), may petition the board to reconsider the licensing action if the
2.13person's conviction for child abuse or sexual abuse is reversed by a final decision of the
2.14Court of Appeals or the Supreme Court or if the person has received a pardon for the
2.15offense. The petitioner shall attach a certified copy of the appellate court's final decision or
2.16the pardon to the petition. Upon receiving the petition and its attachment, the board shall
2.17schedule and hold a disciplinary hearing on the matter under section
2.18unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
2.19the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
2.20petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
2.21affirm its previous licensing action. If the board finds that the petitioner is not disqualified
2.22from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
2.23 (d) For purposes of this subdivision, the Board of Teaching is delegated the authority
2.24to suspend or revoke coaching licenses.
2.25 Sec. 2. [123B.031] MODEL POLICY; MANDATORY CHILD MALTREATMENT
2.26REPORTING.
2.27School board training for district employees regarding employee responsibility as
2.28mandatory child maltreatment reporters shall address all aspects of maltreatment reporting
2.29such as the criminal aspects of failing to report child abuse in the school facility. The
2.30commissioner shall maintain a model policy and make it available to school boards.
