HF 1222

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data practices; clarifying that 
  1.3             schools may report certain alleged juvenile offenses 
  1.4             to the juvenile justice system; amending Minnesota 
  1.5             Statutes 2002, section 13.32, subdivision 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 13.32, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
  1.10  request, the following education data shall be disclosed under 
  1.11  subdivision 3, clause (i), to the juvenile justice system:  a 
  1.12  student's full name, home address, telephone number, date of 
  1.13  birth; a student's school schedule, attendance record, and 
  1.14  photographs, if any; and parents' names, home addresses, and 
  1.15  telephone numbers and data relating to the student's alleged 
  1.16  involvement in an offense on school property that would make the 
  1.17  student subject to chapter 260B.  For purposes of this 
  1.18  subdivision, "school property" has the meaning given in section 
  1.19  609.66, subdivision 1d, paragraph (c), clause (4).  
  1.20     (b) In addition, the existence of the following data about 
  1.21  a student may be disclosed under subdivision 3, clause (i): 
  1.22     (1) use of a controlled substance, alcohol, or tobacco; 
  1.23     (2) assaultive or threatening conduct that could result in 
  1.24  dismissal from school under section 121A.45, subdivision 2, 
  1.25  clause (b) or (c); 
  2.1      (3) possession or use of weapons or look-alike weapons; 
  2.2      (4) theft; or 
  2.3      (5) vandalism or other damage to property. 
  2.4      Any request for access to data under this paragraph must 
  2.5   contain an explanation of why access to the data is necessary to 
  2.6   serve the student. 
  2.7      (c) A principal or chief administrative officer of a school 
  2.8   who receives a request to disclose information about a student 
  2.9   to the juvenile justice system under paragraph (b) shall, to the 
  2.10  extent permitted by federal law, notify the student's parent or 
  2.11  guardian by certified mail of the request to disclose 
  2.12  information before disclosing the information.  If the student's 
  2.13  parent or guardian notifies the principal or chief 
  2.14  administrative officer within ten days of receiving the 
  2.15  certified notice that the parent or guardian objects to the 
  2.16  disclosure, the principal or chief administrative officer must 
  2.17  not disclose the information.  The principal or chief 
  2.18  administrative officer must inform the requesting member of the 
  2.19  juvenile justice system of the objection. 
  2.20     (d) A principal or chief administrative officer is not 
  2.21  required to create data under this subdivision.  Information 
  2.22  provided in response to a data request under paragraph (b) shall 
  2.23  indicate only whether the data described in paragraph (b) 
  2.24  exist.  The principal or chief administrative officer is not 
  2.25  authorized under paragraph (b) to disclose the actual data or 
  2.26  other information contained in the student's education record.  
  2.27  A principal or chief administrative officer is not required to 
  2.28  provide data that are protected by court order.  A principal or 
  2.29  chief administrative officer must respond to a data request 
  2.30  within 14 days if no objection is received from the parent or 
  2.31  guardian. 
  2.32     (e) Nothing in this subdivision shall limit the disclosure 
  2.33  of educational data pursuant to court order. 
  2.34     (f) A school district, its agents, and employees who 
  2.35  provide data in good faith under this subdivision are not liable 
  2.36  for compensatory or exemplary damages or an award of attorney 
  3.1   fees in an action under section 13.08, or other law, or for a 
  3.2   penalty under section 13.09. 
  3.3      (g) Section 13.03, subdivision 4, applies to data that are 
  3.4   shared under this subdivision with a government entity.  If data 
  3.5   are shared with a member of the juvenile justice system who is 
  3.6   not a government entity, the person receiving the shared data 
  3.7   must treat the data consistent with the requirements of this 
  3.8   chapter applicable to a government entity.  
  3.9      (h) A member of the juvenile justice system who falsely 
  3.10  certifies a request for data under this section is subject to 
  3.11  the penalties under section 13.09.