1.1.................... moves to amend H.F. No. 2397, the delete everything amendment
1.2(H2397DE1), as follows:
1.3Page 73, after line 25, insert:

1.4    "Sec. 13. Minnesota Statutes 2012, section 122A.40, subdivision 13, is amended to read:
1.5    Subd. 13. Immediate discharge. (a) Except as otherwise provided in paragraph
1.6(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
1.7of the following grounds:
1.8(1) immoral conduct, insubordination, or conviction of a felony;
1.9(2) conduct unbecoming a teacher which requires the immediate removal of the
1.10teacher from classroom or other duties;
1.11(3) failure without justifiable cause to teach without first securing the written release
1.12of the school board;
1.13(4) gross inefficiency which the teacher has failed to correct after reasonable written
1.14notice;
1.15(5) willful neglect of duty; or
1.16(6) continuing physical or mental disability subsequent to a 12 months leave of
1.17absence and inability to qualify for reinstatement in accordance with subdivision 12.
1.18For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
1.19discriminatory practice described in section 363A.13.
1.20Prior to discharging a teacher under this paragraph, the board must notify the teacher
1.21in writing and state its ground for the proposed discharge in reasonable detail. Within
1.22ten days after receipt of this notification the teacher may make a written request for a
1.23hearing before the board and it shall be granted before final action is taken. The board
1.24may suspend a teacher with pay pending the conclusion of the hearing and determination
1.25of the issues raised in the hearing after charges have been filed which constitute ground for
1.26discharge. If a teacher has been charged with a felony and the underlying conduct that
1.27is the subject of the felony charge is a ground for a proposed immediate discharge, the
2.1suspension pending the conclusion of the hearing and determination of the issues may be
2.2without pay. If a hearing under this paragraph is held, the board must reimburse the teacher
2.3for any salary or compensation withheld if the final decision of the board or the arbitrator
2.4does not result in a penalty to or suspension, termination, or discharge of the teacher.
2.5(b) A board must discharge a continuing-contract teacher, effective immediately,
2.6upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
2.7teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
2.8(c) When a teacher is discharged under paragraph (b) or when the commissioner
2.9makes a final determination of child maltreatment involving a teacher under section
2.10626.556, subdivision 11, the school principal or other person having administrative
2.11control of the school must include in the teacher's employment record the information
2.12contained in the record of the disciplinary action or the final maltreatment determination,
2.13consistent with the definition of public data under section 13.41, subdivision 5, and must
2.14provide the Board of Teaching and the licensing division at the department with the
2.15necessary and relevant information to enable the Board of Teaching and the department's
2.16licensing division to fulfill their statutory and administrative duties related to issuing,
2.17renewing, suspending, or revoking a teacher's license. Information received by the Board
2.18of Teaching or the licensing division at the department under this paragraph is governed
2.19by section 13.41 or other applicable law governing data of the receiving entity. In addition
2.20to the background check required under section 123B.03, a school board or other school
2.21hiring authority must contact the Board of Teaching and the department to determine
2.22whether the teacher's license has been suspended or revoked, consistent with the discharge
2.23and final maltreatment determinations identified in this paragraph.
2.24EFFECTIVE DATE.This section is effective the day following final enactment.

2.25    Sec. 14. Minnesota Statutes 2012, section 122A.41, subdivision 6, is amended to read:
2.26    Subd. 6. Grounds for discharge or demotion. (a) Except as otherwise provided
2.27in paragraph (b), causes for the discharge or demotion of a teacher either during or after
2.28the probationary period must be:
2.29(1) immoral character, conduct unbecoming a teacher, or insubordination;
2.30(2) failure without justifiable cause to teach without first securing the written release
2.31of the school board having the care, management, or control of the school in which the
2.32teacher is employed;
2.33(3) inefficiency in teaching or in the management of a school, consistent with
2.34subdivision 5, paragraph (b);
3.1(4) affliction with active tuberculosis or other communicable disease must be
3.2considered as cause for removal or suspension while the teacher is suffering from such
3.3disability; or
3.4(5) discontinuance of position or lack of pupils.
3.5For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
3.6discriminatory practice described in section 363A.13.
3.7(b) A probationary or continuing-contract teacher must be discharged immediately
3.8upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
3.9teacher's license has been revoked due to a conviction for child abuse or sexual abuse.
3.10(c) When a teacher is discharged under paragraph (b) or when the commissioner
3.11makes a final determination of child maltreatment involving a teacher under section
3.12626.556, subdivision 11, the school principal or other person having administrative
3.13control of the school must include in the teacher's employment record the information
3.14contained in the record of the disciplinary action or the final maltreatment determination,
3.15consistent with the definition of public data under section 13.41, subdivision 5, and must
3.16provide the Board of Teaching and the licensing division at the department with the
3.17necessary and relevant information to enable the Board of Teaching and the department's
3.18licensing division to fulfill their statutory and administrative duties related to issuing,
3.19renewing, suspending, or revoking a teacher's license. Information received by the Board
3.20of Teaching or the licensing division at the department under this paragraph is governed
3.21by section 13.41 or other applicable law governing data of the receiving entity. In addition
3.22to the background check required under section 123B.03, a school board or other school
3.23hiring authority must contact the Board of Teaching and the department to determine
3.24whether the teacher's license has been suspended or revoked, consistent with the discharge
3.25and final maltreatment determinations identified in this paragraph.
3.26EFFECTIVE DATE.This section is effective the day following final enactment."
3.27Page 75, delete section 17
3.28Renumber the sections in sequence and correct the internal references
3.29Amend the title accordingly