Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Scope.
Each teacher, upon entering the teaching profession, assumes
a number of obligations, one of which is to adhere to a set of principles which
defines professional conduct. These principles are reflected in the following
code of ethics, which sets forth to the education profession and the public it
serves standards of professional conduct and procedures for
implementation.
This code shall apply to all persons licensed according to
rules established by the Board of Teaching.
Subp. 2.
Standards of professional
conduct.
The standards of professional conduct are as follows:
A. A teacher shall provide professional
education services in a nondiscriminatory manner.
B. A teacher shall make reasonable effort to
protect the student from conditions harmful to health and safety.
C. In accordance with state and federal laws,
a teacher shall disclose confidential information about individuals only when a
compelling professional purpose is served or when required by law.
D. A teacher shall take reasonable
disciplinary action in exercising the authority to provide an atmosphere
conducive to learning.
E. A teacher
shall not use professional relationships with students, parents, and colleagues
to private advantage.
F. A teacher
shall delegate authority for teaching responsibilities only to licensed
personnel.
G. A teacher shall not
deliberately suppress or distort subject matter.
H. A teacher shall not knowingly falsify or
misrepresent records or facts relating to that teacher's own qualifications or
to other teachers' qualifications.
I. A teacher shall not knowingly make false
or malicious statements about students or colleagues.
J. A teacher shall accept a contract for a
teaching position that requires licensing only if properly or provisionally
licensed for that position.
Subp.
3.
Statutory enforcement of code: complaints, investigation,
and hearing.
A. The enforcement of the
provisions of the code of ethics for Minnesota teachers shall be in accord with
Minnesota Statutes, section
214.10:
"Minnesota Statutes, section
214.10,
complaints; investigation and hearing.
Subd.
1. Receipt of complaint. The executive secretary of a board, a
board member or any other person who performs services for the board who
receives a complaint or other communication, whether oral or written, which
complaint or communication alleges or implies a violation of a statute or rule
which the board is empowered to enforce, shall promptly forward the substance
of the communication on a form prepared by the attorney general to the designee
of the attorney general responsible for providing legal services to the board.
Before proceeding further with the communication, the designee of the attorney
general may require the complaining party to state the complaint in writing on
a form prepared by the attorney general. Complaints which relate to matters
within the jurisdiction of another governmental agency shall be forwarded to
that agency by the executive secretary. An officer of that agency shall advise
the executive secretary of the disposition of that complaint. A complaint
received by another agency which relates to a statute or rule which a licensing
board is empowered to enforce shall be forwarded to the executive secretary of
the board to be processed in accordance with this section.
Subp. 4.
Complaints handled by board.
When oral complaints alleging violations of the code of
ethics are received, the executive secretary of the Board of Teaching shall
request the complaining party to submit the complaint in writing within ten
days.
Upon the receipt of a complaint in writing alleging
violations of the code of ethics, the teacher named in the complaint shall be
notified in writing within ten days of the receipt of the complaint.
The teacher shall be entitled to be represented by the
teacher's own counsel or representative at each stage of the investigation and
hearing.
Subp. 5.
Enforcement procedures.
The Board of Teaching may impose one or more of the following
penalties when it has found a violation of the code of ethics. These actions
shall be taken only after all previous efforts at remediation have been
exhausted.
A. The Board of Teaching
may enter into agreements with teachers accused of violating the code of ethics
which would suspend or terminate proceedings against the teacher on conditions
agreeable to both parties.
B. A
letter of censure from the Board of Teaching may be sent to the person
determined to be in violation of the standards of the code of ethics. A copy of
the letter shall be filed with the Board of Teaching. Such letters shall be
kept on file for a period of time not to exceed one calendar year.
C. A teacher who has been found to have
violated the code of ethics may be placed on probationary licensure status for
a period of time to be determined by the Board of Teaching. The board may
impose conditions on the teacher during the probationary period which are to be
directed toward improving the teacher's performance in the area of the
violation. During this period, the teacher's performance or conduct will be
subject to review by the Board of Teaching or its designee. Such review will be
directed toward monitoring the teacher's activities or performance with regard
to whatever conditions may be placed on the teacher during the probationary
period. Before the end of the probationary period the Board of Teaching shall
decide to extend or terminate the probationary licensure status or to take
further disciplinary actions as are consistent with this rule.
D. The license to teach of the person
determined to be in violation of the standards of the code of ethics may be
suspended for a period of time determined by the Board of Teaching.
E. The license to teach of the person
determined to be in violation of the standards of the code of ethics may be
revoked by the Board of Teaching.
Statutory Authority: MS s
125.185
