.................... moves to amend H.F. No. 826 as follows:
Page 6, line 24, delete "and
Page 6, line 29, delete the period and insert "; and
Page 6, after line 29, insert:
"(12) where an investigation shows that a licensed teacher engaged in prohibited
1.6conduct against a student, require the primary contact person or other school administrator
1.7to report the information to the Board of Teaching, which may act to refuse to renew,
1.8suspend, or revoke the teacher's license, consistent with section 122A.20, subdivision 1.
Page 11, after line 24, insert:
"Sec. 8. Minnesota Statutes 2012, section 122A.20, subdivision 1, is amended to read:
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;
(5) fraud or misrepresentation in obtaining a license; or
1.21 (6) prohibited conduct under section 121A.031
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
, sexual abuse under section
2.1609.3451, subdivision 3
617.23, subdivision 3
, using minors in a sexual performance
, 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(c) A person whose license to teach has been revoked, not issued, or not renewed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 licensing action.
(d) For purposes of this subdivision, the Board of Teaching is delegated the authority
to suspend or revoke coaching licenses.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.
Renumber the sections in sequence and correct the internal references
Amend the title accordingly