Licensing boards reporting requirement provision and grooming criminal offense establishment

A bill for an act

relating to education; requiring reporting to licensing boards; establishing the

criminal offense of grooming; amending Minnesota Statutes 2024, sections

122A.20, subdivisions 1, 2; 260E.15; 260E.28, subdivision 1; 609.352, subdivisions

1, 4, by adding subdivisions; Minnesota Statutes 2025 Supplement, sections

260E.065, by adding a subdivision; 260E.20, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 122A.20, subdivision 1, is amended to read:

Subdivision 1.

Grounds for revocation, suspension, or denial.

(a) The Professional

Educator Licensing and Standards Board 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; or

(5) fraud or misrepresentation in obtaining a license.

The written complaint must specify the nature and character of the charges.

(b) The Professional Educator Licensing and Standards Board 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 in section
609.185
, sex trafficking in the first degree

under section
609.322, subdivision 1
, sex trafficking in the second degree under section

609.322
, subdivision 1a, engaging in hiring, or agreeing to hire a minor to engage in

prostitution under section
609.324, subdivision 1
, sexual abuse under section
609.342
,

609.343
,
609.344
,
609.345
,
609.3451, subdivision 3
, or
617.23, subdivision 3
, solicitation

of children to engage in sexual conduct or communication of sexually explicit materials to

children
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, or grooming
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under section
609.352
, interference with privacy under section
609.746

or harassment or stalking under section
609.749
and the victim was a minor, using minors

in a sexual performance under section
617.246
, possessing pornographic works involving

a minor under section
617.247
, or any other offense not listed in this paragraph that requires

the person to register as a predatory offender under section
243.166
, or a crime 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 Professional Educator Licensing and Standards

Board is delegated the authority to suspend or revoke coaching licenses.

Sec. 2.

Minnesota Statutes 2024, section 122A.20, subdivision 2, is amended to read:

Subd. 2.

Mandatory reporting.

(a) A school board, superintendent, charter school

board, charter school executive director, or charter school authorizer must report to the

Professional Educator Licensing and Standards Board, the Board of School Administrators,

or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has

jurisdiction over the teacher's or administrator's license, when its teacher or administrator

is discharged or resigns from employment after a charge is filed with the school board under

section 122A.41, subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7, or after

charges are filed that are grounds for discharge under section
122A.40, subdivision 13
,

paragraph (a), clauses (1) to (5), or when a teacher or administrator is suspended or resigns

while an investigation is pending under section
122A.40, subdivision 13
, paragraph (a),

clauses (1) to (5), or chapter 260E; or 122A.41, subdivisions 6, clauses (1), (2), and (3),

and 7; or when a teacher or administrator is suspended without an investigation under section

122A.41, subdivisions 6, paragraph (a)
, clauses (1), (2), and (3), and 7, or chapter 260E.

The report must be made to the appropriate licensing board within ten days after the

discharge, suspension, or resignation has occurred. The licensing board to which the report

is made must investigate the report for violation of subdivision 1 and the reporting board,

administrator, or authorizer must cooperate in the investigation. Notwithstanding any

provision in chapter 13 or any law to the contrary, upon written request from the licensing

board having jurisdiction over the license, a board, charter school, authorizer, charter school

executive director, or school superintendent shall provide the licensing board with information

about the teacher or administrator from the district's files, any termination or disciplinary

proceeding, any settlement or compromise, or any investigative file. Upon written request

from the appropriate licensing board, a board or school superintendent may, at the discretion

of the board or school superintendent, solicit the written consent of a student and the student's

parent to provide the licensing board with information that may aid the licensing board in

its investigation and license proceedings. The licensing board's request need not identify a

student or parent by name. The consent of the student and the student's parent must meet

the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30.

The licensing board may provide a consent form to the district. Any data transmitted to any

board under this section is private data under section
13.02, subdivision 12
, notwithstanding

any other classification of the data when it was in the possession of any other agency.

(b) The licensing board to which a report is made must transmit to the Attorney General's

Office any record or data it receives under this subdivision for the sole purpose of having

the Attorney General's Office assist that board in its investigation. When the Attorney

General's Office has informed an employee of the appropriate licensing board in writing

that grounds exist to suspend or revoke a teacher's license to teach, that licensing board

must consider suspending or revoking or decline to suspend or revoke the teacher's or

administrator's license within 45 days of receiving a stipulation executed by the teacher or

administrator under investigation or a recommendation from an administrative law judge

that disciplinary action be taken.

(c) The Professional Educator Licensing and Standards Board and Board of School

Administrators must report to the appropriate law enforcement authorities a revocation,

suspension, or agreement involving a loss of license, relating to a teacher or administrator's

inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement

authority" means a police department, county sheriff, or Tribal police department. A report

by the Professional Educator Licensing and Standards Board to appropriate law enforcement

authorities does not diminish, modify, or otherwise affect the responsibilities of a school

board or any person mandated to report abuse under chapter 260E.

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(d) A police department or county sheriff must notify the appropriate licensing board

when a teacher is criminally charged with an offense listed in subdivision 1, paragraph (b),

or is charged with any other offense not listed in this section that requires the person to

register as a predatory offender under section 243.166.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 3.

Minnesota Statutes 2025 Supplement, section 260E.065, is amended by adding a

subdivision to read:

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Subd. 4.

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Commissioner of children, youth, and families; education-related mandated

reporter training module on grooming.

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(a) By August 1, 2027, the commissioner of

children, youth, and families must develop a training module as part of the commissioner's

mandated reporter training that is specifically applicable to professionals or professionals'

delegates engaged in education, including but not limited to:

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(1) the requirement to report allegations of maltreatment involving students ages 18

through 21, including students receiving special education services, up to and including

graduation and the issuance of a secondary or high school diploma; and

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(2) addressing grooming and threatened sexual abuse, including the duty to report

grooming as maltreatment under section 260E.06, and how to identify the signs of grooming.

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(b) The commissioner must consult with the Minnesota Department of Education while

developing the training module.

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Sec. 4.

Minnesota Statutes 2024, section 260E.15, is amended to read:

260E.15 SCREENING GUIDELINES.

(a) Child protection staff, supervisors, and others involved in child protection screening

shall follow the guidance provided in the maltreatment screening guidelines issued by the

commissioner and, when notified by the commissioner, shall immediately implement updated

procedures and protocols.

(b) Any modification to the screening guidelines must be preapproved by the

commissioner and must not be less protective of children than is mandated by statute. The

county agency must consult with the county attorney before proposing modifications to the

commissioner. The guidelines may provide additional protection for children but must not

limit reports that are screened in or provide additional limits on consideration of reports

that were screened out in making a screening determination.

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(c) The screening guidelines issued by the commissioner must not limit an agency's

ability to screen in and investigate a report of alleged maltreatment that occurred more than

three years prior to the date of the report.

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Sec. 5.

Minnesota Statutes 2025 Supplement, section 260E.20, subdivision 1, is amended

to read:

Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to

prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,

and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child

endangerment under section
609.378
, the local law enforcement agency and local welfare

agency shall coordinate the planning and execution of their respective investigation and

assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.

Each agency shall prepare a separate report of the results of the agency's investigation or

assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely

on the fact-finding efforts of a law enforcement investigation to make a determination of

whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child

from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an

appropriate record.

(f) In conducting a family assessment, noncaregiver human trafficking assessment, or

investigation, the local welfare agency shall gather information on the existence of substance

abuse and domestic violence.

(g) If the family assessment, noncaregiver human trafficking assessment, or investigation

indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or

person responsible for the child's care, the local welfare agency must coordinate a

comprehensive assessment pursuant to section
245G.05
.

(h) The agency may use either a family assessment or investigation to determine whether

the child is safe when responding to a report resulting from birth match data under section

260E.03, subdivision 23
, paragraph (c). If the child subject of birth match data is determined

to be safe, the agency shall consult with the county attorney to determine the appropriateness

of filing a petition alleging the child is in need of protection or services under section

260C.007, subdivision 6
, clause (16), in order to deliver needed services. If the child is

determined not to be safe, the agency and the county attorney shall take appropriate action

as required under section
260C.503, subdivision 2
.

(i) When conducting any family assessment, noncaregiver human trafficking assessment,

or investigation, the agency shall ask the child, if age appropriate; parents; extended family;

and reporter about the child's heritage, including the child's Tribal lineage pursuant to section

260.761
and the child's race, culture, and ethnicity pursuant to section
260.63, subdivision

10.

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(j) Nothing in this chapter shall prevent a local welfare agency or local law enforcement

agency from investigating alleged maltreatment that occurred more than three years prior

to the date of the maltreatment report.

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Sec. 6.

Minnesota Statutes 2024, section 260E.28, subdivision 1, is amended to read:

Subdivision 1.

Immediate investigation for alleged maltreatment in a facility.

(a)

The commissioner of human services; children, youth, and families; health; or education,

whichever is responsible for investigating the report, shall immediately investigate if the

report alleges that:

(1) a child who is in the care of a facility as defined in section
260E.03
is the victim of

maltreatment in a facility by an individual in that facility or has been the victim of

maltreatment in a facility by an individual in that facility within the three years preceding

the report; or

(2) a child is the victim of maltreatment in a facility by an individual in a facility defined

in section
260E.03, subdivision 6
, while in the care of that facility within the three years

preceding the report.

(b) The commissioner of the agency responsible for investigating the report shall arrange

for the transmittal to the commissioner of reports received by local agencies and may delegate

to a local welfare agency the duty to investigate reports. The commissioner of the agency

responsible for investigating the report or local welfare agency may interview any children

who are or have been in the care of a facility under investigation and the children's parents,

guardians, or legal custodians.

(c) In conducting an investigation under this section, the commissioner has the powers

and duties specified for a local welfare agency under this chapter.

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(d) Nothing in this chapter shall prevent the agency responsible for screening and

investigating allegations of maltreatment from investigating alleged maltreatment that

occurred more than three years prior to the date of the maltreatment report.

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Sec. 7.

Minnesota Statutes 2024, section 609.352, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "child" means a person 15 years of age or younger;

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(b) "pattern" means two or more instances of conduct;

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(b)
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(c)
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"sexual conduct" means sexual contact of the individual's primary genital area,

sexual penetration as defined in section
609.341
, or sexual performance as defined in section

617.246
; and

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(c)
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(d)
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"solicit" means commanding, entreating, or attempting to persuade a specific

person in person, by telephone, by letter, or by computerized or other electronic means.

Sec. 8.

Minnesota Statutes 2024, section 609.352, is amended by adding a subdivision to

read:

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Subd. 2c.

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Grooming.

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A person 18 years of age or older who engages in a pattern of

conduct that is intended by the person to convince a child to engage in sexual conduct with

the person at a future time is guilty of a felony and may be sentenced as provided in

subdivision 4. Conduct prohibited under this subdivision includes but is not limited to

preparatory acts designed to establish a false trusting relationship that results in sexual

intimacy such as emotional manipulation; attempts to create emotional dependency; intense

validation; excessive flattery; artificial intimacy; constant contact; attempts to isolate the

child from their support systems; undermining authority; boundary violations; enforced

secrecy; normalizing inappropriate activities, communications, or content; testing limits;

and use of coercion, threats, or control.

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Sec. 9.

Minnesota Statutes 2024, section 609.352, is amended by adding a subdivision to

read:

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Subd. 2d.

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Violations by persons in positions of authority.

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A person who commits any

of the acts prohibited under subdivisions 2 through 2c is guilty of a felony if:

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(1) the person is in a current or recent position of authority over the victim;

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(2) the person is more than 36 months older than the victim; and

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(3) the victim is under the age of 18 years.

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Sec. 10.

Minnesota Statutes 2024, section 609.352, is amended by adding a subdivision

to read:

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Subd. 2e.

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School violations.

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(a) A person who commits any of the acts prohibited under

subdivisions 2 through 2c is guilty of a felony if:

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(1) the person is a licensed educator employed or contracted to provide service for an

elementary, middle, or secondary school; and

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(2) the victim is enrolled as a student at the school.

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(b) Notwithstanding the reference to the victim being a child in subdivision 2c, a violation

of this subdivision may involve a victim of any age as long as the victim is enrolled as a

student at the school.

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Sec. 11.

Minnesota Statutes 2024, section 609.352, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person convicted under subdivision 2
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or
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,
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2a
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, 2c, 2d, or 2e
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is guilty

of a felony and may be sentenced to imprisonment for not more than five years, or to payment

of a fine of not more than $10,000, or both.