1.1.................... moves to amend H.F. No. 826 as follows:
1.2Page 6, line 24, delete "
and"
1.3Page 6, line 29, delete the period and insert "
; and"
1.4Page 6, after line 29, insert:
1.5"
(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."
1.9Page 11, after line 24, insert:
1.10 "Sec. 8. Minnesota Statutes 2012, section 122A.20, subdivision 1, is amended to read:
1.11 Subdivision 1.
Grounds for revocation, suspension, or denial. (a) The Board of
1.12Teaching or Board of School Administrators, whichever has jurisdiction over a teacher's
1.13licensure, may, on the written complaint of the school board employing a teacher, a teacher
1.14organization, or any other interested person, refuse to issue, refuse to renew, suspend, or
1.15revoke a teacher's license to teach for any of the following causes:
1.16 (1) immoral character or conduct;
1.17 (2) failure, without justifiable cause, to teach for the term of the teacher's contract;
1.18 (3) gross inefficiency or willful neglect of duty;
1.19 (4) failure to meet licensure requirements;
or
1.20 (5) fraud or misrepresentation in obtaining a license
; or
1.21 (6) prohibited conduct under section 121A.031.
1.22 The written complaint must specify the nature and character of the charges.
1.23 (b) The Board of Teaching or Board of School Administrators, whichever has
1.24jurisdiction over a teacher's licensure, shall refuse to issue, refuse to renew, or automatically
1.25revoke a teacher's license to teach without the right to a hearing upon receiving a certified
1.26copy of a conviction showing that the teacher has been convicted of child abuse, as defined
1.27in section
609.185, sexual abuse under section
609.342,
609.343,
609.344,
609.345,
2.1609.3451, subdivision 3
, or
617.23, subdivision 3, using minors in a sexual performance
2.2under section
617.246, or possessing pornographic works involving a minor under section
2.3617.247
, or under a similar law of another state or the United States. The board shall send
2.4notice of this licensing action to the district in which the teacher is currently employed.
2.5 (c) A person whose license to teach has been revoked, not issued, or not renewed
2.6under paragraph (b), may petition the board to reconsider the licensing action if the
2.7person's conviction for child abuse or sexual abuse is reversed by a final decision of the
2.8Court of Appeals or the Supreme Court or if the person has received a pardon for the
2.9offense. The petitioner shall attach a certified copy of the appellate court's final decision or
2.10the pardon to the petition. Upon receiving the petition and its attachment, the board shall
2.11schedule and hold a disciplinary hearing on the matter under section
214.10, subdivision 2,
2.12unless the petitioner waives the right to a hearing. If the board finds that, notwithstanding
2.13the reversal of the petitioner's criminal conviction or the issuance of a pardon, the
2.14petitioner is disqualified from teaching under paragraph (a), clause (1), the board shall
2.15affirm its previous licensing action. If the board finds that the petitioner is not disqualified
2.16from teaching under paragraph (a), clause (1), it shall reverse its previous licensing action.
2.17 (d) For purposes of this subdivision, the Board of Teaching is delegated the authority
2.18to suspend or revoke coaching licenses.
2.19EFFECTIVE DATE.This section is effective the day following final enactment."
2.20Renumber the sections in sequence and correct the internal references
2.21Amend the title accordingly