Amendment scs1740a50

scs1740a50 scs1740a50

1.1Senator Coleman moved to amend S.F. No. 1740 as follows (...):
1.2Page 32, after line 25, insert:

1.3    "Sec. 23. Minnesota Statutes 2024, section 122A.20, subdivision 2, is amended to read:
1.4    Subd. 2. Mandatory reporting. (a) A school board, superintendent, charter school
1.5board, charter school executive director, or charter school authorizer must report to the
1.6Professional Educator Licensing and Standards Board, the Board of School Administrators,
1.7or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has
1.8jurisdiction over the teacher's or administrator's license, when its teacher or administrator
1.9is discharged or resigns from employment after a charge is filed with the school board under
1.10section 122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or after
1.11charges are filed that are grounds for discharge under section 122A.40, subdivision 13,
1.12paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns
1.13while an investigation is pending under section 122A.40, subdivision 13, paragraph (a),
1.14clauses (1) to (5), or chapter 260E; or 122A.41, subdivisions 6, clauses (1), (2), and (3),
1.15and 7; or when a teacher or administrator is suspended without an investigation under section
1.16122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or chapter 260E.
1.17For the purposes of this subdivision, the term "discharge" includes a rescinded contract or
1.18a nonrenewed contract. A report must be filed if the teacher or administrator's contract is
1.19rescinded or nonrenewed in lieu of discharge under this subdivision. The report must be
1.20made to the appropriate licensing board within ten days after the discharge, suspension, or
1.21resignation has occurred. The licensing board to which the report is made must investigate
1.22the report for violation of subdivision 1 and the reporting board, administrator, or authorizer
1.23must cooperate in the investigation. Notwithstanding any provision in chapter 13 or any
1.24law to the contrary, upon written request from the licensing board having jurisdiction over
1.25the license, a board, charter school, authorizer, charter school executive director, or school
1.26superintendent shall provide the licensing board with information about the teacher or
1.27administrator from the district's files, any termination or disciplinary proceeding, any
1.28settlement or compromise, or any investigative file. Upon written request from the appropriate
1.29licensing board, a board or school superintendent may, at the discretion of the board or
1.30school superintendent, solicit the written consent of a student and the student's parent to
1.31provide the licensing board with information that may aid the licensing board in its
1.32investigation and license proceedings. The licensing board's request need not identify a
1.33student or parent by name. The consent of the student and the student's parent must meet
1.34the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30.
1.35The licensing board may provide a consent form to the district. Any data transmitted to any
2.1board under this section is private data under section 13.02, subdivision 12, notwithstanding
2.2any other classification of the data when it was in the possession of any other agency.
2.3(b) The licensing board to which a report is made must transmit to the Attorney General's
2.4Office any record or data it receives under this subdivision for the sole purpose of having
2.5the Attorney General's Office assist that board in its investigation. When the Attorney
2.6General's Office has informed an employee of the appropriate licensing board in writing
2.7that grounds exist to suspend or revoke a teacher's license to teach, that licensing board
2.8must consider suspending or revoking or decline to suspend or revoke the teacher's or
2.9administrator's license within 45 days of receiving a stipulation executed by the teacher or
2.10administrator under investigation or a recommendation from an administrative law judge
2.11that disciplinary action be taken.
2.12(c) The Professional Educator Licensing and Standards Board and Board of School
2.13Administrators must report to the appropriate law enforcement authorities a revocation,
2.14suspension, or agreement involving a loss of license, relating to a teacher or administrator's
2.15inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement
2.16authority" means a police department, county sheriff, or Tribal police department. A report
2.17by the Professional Educator Licensing and Standards Board to appropriate law enforcement
2.18authorities does not diminish, modify, or otherwise affect the responsibilities of a school
2.19board or any person mandated to report abuse under chapter 260E.
2.20EFFECTIVE DATE.This section is effective the day following final enactment."
2.21Renumber the sections in sequence and correct the internal references
2.22Amend the title accordingly
2.23The motion prevailed. #did not prevail. So the amendment was #not adopted.