1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/26/2001 | |
1st Engrossment | Posted on 02/19/2002 |
1.1 A bill for an act 1.2 relating to government data; providing for 1.3 classification and dissemination of educational data; 1.4 amending Minnesota Statutes 2000, sections 13.32, 1.5 subdivisions 1, 7, 8, by adding a subdivision; 1.6 121A.75; 260B.171, subdivisions 3, 5, by adding a 1.7 subdivision; Minnesota Statutes 2001 Supplement, 1.8 section 124D.10, subdivision 8. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2000, section 13.32, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [DEFINITIONS.] As used in this section: 1.13 (a) "Assaultive or threatening conduct" means a student's 1.14 willful conduct, consistent with section 121A.45, that: 1.15 (1) significantly disrupts the rights of other students to 1.16 an education, the ability of school personnel to perform their 1.17 duties, or school-sponsored extracurricular activities; or 1.18 (2) endangers the student, other students, or surrounding 1.19 persons, including school district employees or school property. 1.20 (b) "Educational data" means data on individuals maintained 1.21 by a public educational agency or institution or by a person 1.22 acting for the agency or institution which relates to a student. 1.23 Records of instructional personnel which are in the sole 1.24 possession of the maker thereof and are not accessible or 1.25 revealed to any other individual except a substitute teacher, 1.26 and are destroyed at the end of the school year, shall not be 1.27 deemed to be government data. 2.1 Records of a law enforcement unit of a public educational 2.2 agency or institution which are maintained apart from education 2.3 data and are maintained solely for law enforcement purposes, and 2.4 are not disclosed to individuals other than law enforcement 2.5 officials of the jurisdiction are not educational data; 2.6 provided, that education records maintained by the educational 2.7 agency or institution are not disclosed to the personnel of the 2.8 law enforcement unit. The University of Minnesota police 2.9 department is a law enforcement agency for purposes of section 2.10 13.82 and other sections of Minnesota Statutes dealing with law 2.11 enforcement records. Records of organizations providing 2.12 security services to a public educational agency or institution 2.13 must be administered consistent with section 13.861. 2.14 Records relating to a student who is employed by a public 2.15 educational agency or institution which are made and maintained 2.16 in the normal course of business, relate exclusively to the 2.17 individual in that individual's capacity as an employee, and are 2.18 not available for use for any other purpose are classified 2.19 pursuant to section 13.43. 2.20(b)(c) "Gang activity" means the school has documented 2.21 that the student exhibits at least three of the following gang 2.22 identification criteria developed by the criminal gang oversight 2.23 council under section 299A.64, subdivision 2: 2.24 (1) admits gang membership; 2.25 (2) is observed to associate on a regular basis with known 2.26 gang members; 2.27 (3) has tattoos indicating gang membership; 2.28 (4) wears gang symbols to identify with a specific gang; 2.29 (5) appears in a photograph with known gang members or 2.30 appears in a photograph using gang-related handsigns; 2.31 (6) is named in a gang document, on a target list, or in 2.32 gang-related graffiti; 2.33 (7) is identified as a gang member by a reliable source 2.34 where the reliability of the source is described; 2.35 (8) is arrested or detained in the company of identified 2.36 gang members or their associates; 3.1 (9) corresponds with known gang members or creates or 3.2 receives correspondence about gang activities; or 3.3 (10) writes gang graffiti on walls, books, or paper. 3.4 (d) "Juvenile justice system"includes criminal justice3.5agencies and the judiciary when involved in juvenile justice3.6activities.means: 3.7 (1) a judge of the juvenile court; 3.8 (2) a member of court services staff under section 13.84, 3.9 subdivision 1; 3.10 (3) a county attorney; 3.11 (4) a law enforcement officer; or 3.12 (5) an individual designated by the court to perform 3.13 studies or other duties. 3.14 (e) "Principal" means the principal or other person having 3.15 general administrative control and supervision of a school. 3.16(c)(f) "Student" means an individual currently or formerly 3.17 enrolled or registered, applicants for enrollment or 3.18 registration at a public educational agency or institution, or 3.19 individuals who receive shared time educational services from a 3.20 public agency or institution. 3.21(d)(g) "Substitute teacher" means an individual who 3.22 performs on a temporary basis the duties of the individual who 3.23 made the record, but does not include an individual who 3.24 permanently succeeds to the position of the maker of the record. 3.25 [EFFECTIVE DATE.] This section is effective the day 3.26 following final enactment and applies to the 2002-2003 school 3.27 year and later. 3.28 Sec. 2. Minnesota Statutes 2000, section 13.32, 3.29 subdivision 7, is amended to read: 3.30 Subd. 7. [USES OF DATA.] School officials who receive data 3.31 on juveniles, as authorized undersectionssection 260B.171and3.32260C.171, may use and share that datawithin the school district3.33or educational entity as necessary to protect persons and3.34property or to address the educational and other needs of3.35studentsas provided in section 121A.75. A school district, its 3.36 agents, and employees who use and share this data in good faith 4.1 are immune from civil or criminal liability that might otherwise 4.2 result from their actions. 4.3 [EFFECTIVE DATE.] This section is effective the day 4.4 following final enactment and applies to the 2002-2003 school 4.5 year and later. 4.6 Sec. 3. Minnesota Statutes 2000, section 13.32, 4.7 subdivision 8, is amended to read: 4.8 Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a)Upon4.9request, the following education data shall be disclosed4.10underThis subdivision governs the release of educational data 4.11 to the juvenile justice system for purposes of subdivision 3, 4.12 clause (i), to the juvenile justice system:. A member of the 4.13 juvenile justice system must direct a request under this 4.14 subdivision to the superintendent of the student's school 4.15 district or the chief administrative officer of the student's 4.16 school, who must transmit the request to the principal of the 4.17 student's school. The principal must respond to the request and 4.18 perform the duties indicated under this subdivision. 4.19 (b) A principal or a member of the juvenile justice system 4.20 may transmit electronically a request or a response to a request 4.21 for data under this subdivision if the certification of a data 4.22 request: (1) includes the digital signature of the requesting 4.23 member of the juvenile justice system; and (2) indicates 4.24 adequate procedures are in place to prevent unauthorized access 4.25 to the data. 4.26 (c) The release to the juvenile justice system of the data 4.27 listed in this paragraph effectively serves, prior to 4.28 adjudication, the needs of the student whose records are 4.29 released. Upon receiving a written request, the principal must 4.30 provide the following data to a member of the juvenile justice 4.31 system, to the extent the school maintains the data: 4.32 (1) a student's full name, home address, telephone number, 4.33 and date of birth; 4.34 (2) a student's school schedule,and attendance record, and4.35photographs, if any; and parents' names,; 4.36 (3) language, other than English, used at home by the 5.1 student; 5.2 (4) directory information not included in this list, as 5.3 defined in Code of Federal Regulations, title 34, section 99.3, 5.4 notwithstanding parental objection to disclosure; and 5.5 (5) the names of the student's parents or guardians and 5.6 their home addresses,and telephone numbers. 5.7 (d) A member of the juvenile justice system may ask the 5.8 principal whether the data listed in this paragraph exists if 5.9 the request: (1) indicates the data that are the subject of the 5.10 inquiry; and (2) explains why access to information about the 5.11 data is needed to effectively serve the student. If the 5.12 principal receives an explanation, the principal must indicate 5.13 whether the school maintains data in its records that document 5.14 the following activity or behavior: 5.15 (1) a student's receipt of medication at school under 5.16 section 121A.22; 5.17 (2) a student's participation in an individual education 5.18 program under Code of Federal Regulations, title 34, sections 5.19 300.500 to 300.529, if the student is accused of committing a 5.20 crime; 5.21(b) In addition, the following data on behavior by a5.22student who is on probation may be disclosed under subdivision5.233, clause (i) or (1), to the juvenile justice system:5.24(1)(3) use of a controlled substance, alcohol, or tobacco; 5.25(2)(4) assaultive or threatening conductthat could result5.26in dismissal from school under section 121A.45, subdivision 2,5.27clause (b) or (c)as defined in subdivision 1; 5.28(3)(5) possession or use of weapons or look-alike weapons; 5.29(4)(6) participation in gang activity as definedby the5.30criminal gang oversight council under section 299A.64,in 5.31 subdivision2, paragraph (b)1; 5.32 (7) participation in bias-motivated acts; 5.33(5)(8) theft; or 5.34(6)(9) vandalism or other damage to property. 5.35Any request for access to data under this paragraph must5.36contain an explanation of why access to the data is necessary to6.1serve the student or to protect students or staff.6.2 (e) A principal is not required to create data under this 6.3 subdivision. Information provided in response to a data request 6.4 under paragraph (d) shall indicate only whether the data 6.5 described in paragraph (d) exists. The principal is not 6.6 authorized under paragraph (d) to disclose the actual data or 6.7 other information contained in the education records. A 6.8 principal is not required to provide data that are protected by 6.9 a court order. A principal must respond to a data request 6.10 within ten days. 6.11(c)(f) Asuperintendent of a school district or chief6.12administrative officer of a schoolprincipal who discloses 6.13 information about a student to the juvenile justice system under 6.14 thisparagraphsubdivision shall, to the extent permitted by 6.15 federal law, notify the student's parent or guardian of the 6.16 disclosure. 6.17(d)(g) Nothing in this subdivision shall limit the 6.18 disclosure of educational data pursuant to court order. 6.19 (h) A school district, its agents, and employees who 6.20 provide data in good faith under this subdivision are not liable 6.21 for compensatory or exemplary damages or an award of attorney 6.22 fees in an action under section 13.08 or other law, or for a 6.23 penalty under section 13.09. 6.24 (i) Section 13.03, subdivision 4, applies to data that are 6.25 shared under this subdivision with a government entity. If data 6.26 are shared with a member of the juvenile justice system who is 6.27 not a government entity, the person receiving the shared data 6.28 must treat the data consistent with the requirements of this 6.29 chapter applicable to a government entity. 6.30 (j) A member of the juvenile justice system who falsely 6.31 certifies a request for data under this section is subject to 6.32 the penalties under section 13.09. 6.33 [EFFECTIVE DATE.] This section is effective the day 6.34 following final enactment and applies to the 2002-2003 school 6.35 year and later. 6.36 Sec. 4. Minnesota Statutes 2000, section 13.32, is amended 7.1 by adding a subdivision to read: 7.2 Subd. 9. [FORMS.] To make a data request under subdivision 7.3 8, paragraph (d), a member of the juvenile justice system must 7.4 use the following form: 7.5 REQUEST FOR INFORMATION 7.6 Family Educational Rights and Privacy Act/ 7.7 Minnesota Government Data Practices Act 7.8 DATE/TIME OF REQUEST ............................ 7.9 TO: ........................................ 7.10 (Superintendent of school district 7.11 or chief administrative officer of school) 7.12 FROM: ........................................ 7.13 (Requester's name/agency) 7.14 STUDENT: ....................................... 7.15 BASIS FOR REQUEST 7.16 ... Juvenile delinquency investigation/prosecution 7.17 ... Child protection assessment/investigation 7.18 ... Investigation/filing of CHIPS or delinquency petition 7.19 REASON FOR REQUEST (requester must describe why information 7.20 regarding existence of the data marked below is necessary to 7.21 effectively serve the student)................................... 7.22 ................................................................. 7.23 ................................................................. 7.24 ................................................................. 7.25 RESPONSE TO REQUEST 7.26 The school must indicate whether it has data on the student 7.27 that document any activity or behavior marked by the requester. 7.28 INFORMATION REQUESTED (mark all that apply) RESPONSE 7.29 Indicate whether you have data 7.30 that document the student's: (yes or no) 7.31 ... receipt of medication at school according 7.32 to Minnesota Statutes, section 121A.22 .... 7.33 ... participation in an individualized education 7.34 program under Code of Federal Regulations, 7.35 title 34, section 300.500 et seq., if it is 7.36 alleged that the student has committed a crime .... 7.37 ... use of a controlled substance, alcohol, 7.38 or tobacco .... 7.39 ... assaultive or threatening conduct as defined 7.40 in Minnesota Statutes, section 13.32, 7.41 subdivision 1 .... 8.1 ... possession or use of weapons or look-alike 8.2 weapons .... 8.3 ... participation in gang activities as defined 8.4 in Minnesota Statutes, section 13.32, 8.5 subdivision 1 .... 8.6 ... participation in bias-motivated acts .... 8.7 ... theft .... 8.8 ... vandalism and damage to property .... 8.9 CERTIFICATION: The undersigned certifies that the undersigned 8.10 is a member of the juvenile justice system as defined by 8.11 Minnesota Statutes, section 13.32, subdivision 1. The requested 8.12 data are needed by the juvenile justice system so it may 8.13 effectively serve, prior to adjudication, the student whose 8.14 records are released. The undersigned will not disclose the 8.15 information received to any other party, except as provided 8.16 under state law, without prior written consent as required by 8.17 Code of Federal Regulations, title 34, section 99.38(b). The 8.18 undersigned further certifies that the undersigned understands 8.19 that by signing this request, the undersigned is subject to the 8.20 penalties in Minnesota Statutes, section 13.09. 8.21 ....................................................... 8.22 Signature/Title 8.23 [EFFECTIVE DATE.] This section is effective the day 8.24 following final enactment and applies to the 2002-2003 school 8.25 year and later. 8.26 Sec. 5. Minnesota Statutes 2000, section 121A.75, is 8.27 amended to read: 8.28 121A.75 [RECEIPT OFDISPOSITION ORDERRECORDS; SHARING.] 8.29 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 8.30 section "principal" means a principal or other person having 8.31 general administrative control and supervision of a school. 8.32 (b) For purposes of this section, "school" means a public 8.33 school under section 120A.22, subdivision 4; a nonpublic school 8.34 under section 120A.22, subdivision 4, that elects to comply with 8.35 this section; and a charter school under section 124D.10, but 8.36 does not mean a home school. 8.37 Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a 8.38 disposition order under section 260B.171, subdivision 3, the 9.1 superintendent of the student's school district or chief 9.2 administrative officer of the student's school must immediately 9.3 transmit the order to the principal of the school where the 9.4 student is in attendance. The principal must place the 9.5 disposition order in the student's permanent education record. 9.6 The principal must also immediately notify any counselor 9.7 directly supervising or reporting on the behavior or progress of 9.8 the student. In addition, the principal must immediately notify 9.9 any teacher or administrator who directly supervises or reports 9.10 on the behavior or progress of the student whom the principal 9.11 believes needs the data to work with the student in an 9.12 appropriate manner, to avoid being needlessly vulnerable, or to 9.13 protect other persons from needless vulnerability. The 9.14 principal may also notify other district employees, substitutes, 9.15 and volunteers who are in direct contact with the student, if 9.16 they determine these individuals need the data to work with the 9.17 student in an appropriate manner, to avoid being needlessly 9.18 vulnerable, or to protect other persons from needless 9.19 vulnerability. When provided in the disposition order, the 9.20 notice given under this paragraph by the principal must identify 9.21 the student, outline the offense, and describe any conditions of 9.22 probation about which the school must provide information. 9.23(c)(b) Information received under this subdivision is 9.24 private data on individuals as defined in section 13.32 and is 9.25 received for the limited purpose of serving the educational 9.26 needs of the student and protecting students or staff. The data 9.27 may not be further disseminated by the teacher, counselor, staff 9.28 member, administrator, substitute, or volunteer;, except as 9.29 necessary to serve the student, to protect students or staff, or 9.30 as otherwise required by law, and only to the following persons: 9.31 (1) the student; or 9.32 (2) the student's parent or guardian;9.33(3) law enforcement officers; or9.34(4) the student's probation officer. 9.35(d)(c) If a student is removed from school as part of the 9.36 disposition order, the superintendent of the student's school 10.1 district or chief administrative officer of the student's school 10.2 must maintain the copy of the order in a secure file and shall 10.3 notify the principal when the student is returned to school. If 10.4 the student is returned to a different school district or 10.5 school, the student's probation officer must send a copy of the 10.6 disposition order to the superintendent of the new school 10.7 district or the chief administrative officer of the new school. 10.8(e)(d) The disposition order must be included if the 10.9 student's permanent education record is released to another 10.10 school district or educational entity to which the student is 10.11 transferring under section 120A.22, subdivision 7. 10.12(f)(e) Notwithstanding section 138.17, a disposition order 10.13 received under section 260B.171, subdivision 3, paragraph (a), 10.14 must be destroyed when the student graduates from school or at 10.15 the end of the school year in which the student reaches age 23, 10.16 whichever is earlier. A disposition order received under 10.17 section 260B.171, subdivision 3, paragraph (b), must be 10.18 destroyed when the student is discharged from probation. 10.19 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Upon 10.20 receiving a law enforcement agency notice required by section 10.21 260B.171, subdivision 5, the superintendent of the student's 10.22 school district or chief administrative officer of the student's 10.23 school must immediately notify the principal of the school that 10.24 the student attends. The principal must place the notice in the 10.25 student's permanent education record. The principal must 10.26 immediately notify any teacher, counselor, staff member, or 10.27 administrator directly supervising the student whom the 10.28 principal believes needs the data to work with the student in an 10.29 appropriate manner, to avoid being needlessly vulnerable, or to 10.30 protect other persons from needless vulnerability. The 10.31 principal also may notify a substitute or volunteer who is in 10.32 direct contact with the student if the principal determines this 10.33 individual needs the data to work with the student in an 10.34 appropriate manner or to avoid being needlessly vulnerable, or 10.35 to protect other persons from needless vulnerability. When 10.36 provided in the peace officer notice, the principal's notice 11.1 must identify the student and describe the alleged offense. 11.2 (b) Data received under this subdivision are private data 11.3 on individuals under section 13.32 and are received for the 11.4 limited purpose of serving the student's educational needs and 11.5 protecting students or staff. The teacher, counselor, staff 11.6 member, administrator, substitute, or volunteer must not further 11.7 disseminate the data, except to communicate with the student or 11.8 the student's parent or guardian as needed to serve the student, 11.9 protect students or staff, or as otherwise required by law. 11.10 (c) The principal must include the notice in the student's 11.11 permanent education record if that record is released under 11.12 section 120A.22, subdivision 7, to another school district or 11.13 educational entity to which the student is transferring. 11.14 (d) If the county attorney determines not to proceed with a 11.15 petition alleging any offense in section 260B.171, subdivision 11.16 3, paragraph (a), clauses (1) to (3), or directs the student 11.17 into a diversion or mediation program, the county attorney must 11.18 notify the superintendent of the student's school district, or 11.19 the chief administrative officer of the school that the student 11.20 attends. The notice must contain the name of the student and a 11.21 summary of the resolution of the case. The superintendent or 11.22 chief administrative officer must send the notice to the 11.23 principal of the school that the student attends. The principal 11.24 must delete the peace officer's report and notice from the 11.25 student's permanent record and make reasonable efforts to notify 11.26 any teacher, counselor, staff member, administrator, substitute, 11.27 or volunteer who received data from the peace officer notice. 11.28 (e) If the juvenile court makes a decision on a petition 11.29 that alleges any offense in section 260B.171, subdivision 3, 11.30 paragraph (a), clauses (1) to (3), and the decision affects a 11.31 student and is not a disposition order, the court must notify 11.32 the superintendent of the school district or chief 11.33 administrative officer of the school that the student attends of 11.34 the decision. The superintendent or chief administrative 11.35 officer must notify the principal of the school where the 11.36 student attends. The principal must delete the peace officer's 12.1 report and notice from the student's permanent record and make 12.2 reasonable efforts to notify any teacher, counselor, staff 12.3 member, administrator, substitute, or volunteer who received 12.4 data from the peace officer notice. 12.5 (f) Notwithstanding section 138.17, a principal must 12.6 destroy data from a law enforcement agency notice when the 12.7 student graduates from high school or at the end of the academic 12.8 year when the student reaches age 23, whichever date is earlier. 12.9 [EFFECTIVE DATE.] This section is effective the day 12.10 following final enactment and applies to the 2002-2003 school 12.11 year and later. 12.12 Sec. 6. Minnesota Statutes 2001 Supplement, section 12.13 124D.10, subdivision 8, is amended to read: 12.14 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter 12.15 school shall meet all applicable state and local health and 12.16 safety requirements. 12.17 (b) A school sponsored by a school board may be located in 12.18 any district, unless the school board of the district of the 12.19 proposed location disapproves by written resolution. 12.20 (c) A charter school must be nonsectarian in its programs, 12.21 admission policies, employment practices, and all other 12.22 operations. A sponsor may not authorize a charter school or 12.23 program that is affiliated with a nonpublic sectarian school or 12.24 a religious institution. 12.25 (d) Charter schools must not be used as a method of 12.26 providing education or generating revenue for students who are 12.27 being home-schooled. 12.28 (e) The primary focus of a charter school must be to 12.29 provide a comprehensive program of instruction for at least one 12.30 grade or age group from five through 18 years of age. 12.31 Instruction may be provided to people younger than five years 12.32 and older than 18 years of age. 12.33 (f) A charter school may not charge tuition. 12.34 (g) A charter school is subject to and must comply with 12.35 chapter 363 and section 121A.04. 12.36 (h) A charter school is subject to and must comply with the 13.1 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 13.2 Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 13.3 (i) A charter school is subject to the same financial 13.4 audits, audit procedures, and audit requirements as a district. 13.5 Audits must be conducted in compliance with generally accepted 13.6 governmental auditing standards, the Federal Single Audit Act, 13.7 if applicable, and section 6.65. A charter school is subject to 13.8 and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 13.9 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 13.10 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 13.11 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must 13.12 comply with the requirements of sections 123B.75 to 123B.83, 13.13 except to the extent deviations are necessary because of the 13.14 program at the school. Deviations must be approved by the 13.15 commissioner. The department of children, families, and 13.16 learning, state auditor, or legislative auditor may conduct 13.17 financial, program, or compliance audits. A charter school 13.18 determined to be in statutory operating debt under sections 13.19 123B.81 to 123B.83 must submit a plan under section 123B.81, 13.20 subdivision 4. 13.21 (j) A charter school is a district for the purposes of tort 13.22 liability under chapter 466. 13.23 (k) A charter school must comply with sections 13.32, 13.24 121A.75, and 260B.171, subdivisions 3 and 5. 13.25 [EFFECTIVE DATE.] This section is effective the day 13.26 following final enactment and applies to the 2002-2003 school 13.27 year and later. 13.28 Sec. 7. Minnesota Statutes 2000, section 260B.171, 13.29 subdivision 3, is amended to read: 13.30 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 13.31 juvenile is enrolled in school, the juvenile's probation officer 13.32 shall transmit a copy of the court's disposition order to the 13.33 superintendent of the juvenile's school district or the chief 13.34 administrative officer of the juvenile's school if the juvenile 13.35 has been adjudicated delinquent for committing an act on the 13.36 school's property or an act: 14.1 (1) that would be a violation of section 609.185 14.2 (first-degree murder); 609.19 (second-degree murder); 609.195 14.3 (third-degree murder); 609.20 (first-degree manslaughter); 14.4 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 14.5 homicide and injury); 609.221 (first-degree assault); 609.222 14.6 (second-degree assault); 609.223 (third-degree assault); 14.7 609.2231 (fourth-degree assault); 609.224 (fifth-degree 14.8 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 14.9 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 14.10 (false imprisonment); 609.342 (first-degree criminal sexual 14.11 conduct); 609.343 (second-degree criminal sexual conduct); 14.12 609.344 (third-degree criminal sexual conduct); 609.345 14.13 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 14.14 criminal sexual conduct); 609.498 (tampering with a witness); 14.15 609.561 (first-degree arson); 609.582, subdivision 1 or 2 14.16 (burglary); 609.713 (terroristic threats); or 609.749 14.17 (harassment and stalking), if committed by an adult; 14.18 (2) that would be a violation of section 152.021 14.19 (first-degree controlled substance crime); 152.022 14.20 (second-degree controlled substance crime); 152.023 14.21 (third-degree controlled substance crime); 152.024 14.22 (fourth-degree controlled substance crime); 152.025 14.23 (fifth-degree controlled substance crime); 152.0261 (importing a 14.24 controlled substance); or 152.027 (other controlled substance 14.25 offenses), if committed by an adult; or 14.26 (3) that involved the possession or use of a dangerous 14.27 weapon as defined in section 609.02, subdivision 6. 14.28 When a disposition order is transmitted under this 14.29 subdivision, the probation officer shall notify the juvenile's 14.30 parent or legal guardian that the disposition order has been 14.31 shared with the juvenile's school. 14.32 (b) In addition, the juvenile's probation officer may 14.33 transmit a copy of the court's disposition order to the 14.34 superintendent of the juvenile's school district or the chief 14.35 administrative officer of the juvenile's school if the juvenile 14.36 has been adjudicated delinquent for offenses not listed in 15.1 paragraph (a) and placed on probation. The probation officer 15.2 shall notify the superintendent or chief administrative officer 15.3 when the juvenile is discharged from probation. 15.4 (c) The disposition order must be accompanied by a notice 15.5 to the school that the school may obtain additional information 15.6 from the juvenile's probation officer with the consent of the 15.7 juvenile or the juvenile's parents, as applicable. The 15.8 disposition order must be maintained, shared, or released only 15.9 as provided in section121A.07121A.75. 15.10 (d) The juvenile's probation officer shall maintain a 15.11 record of disposition orders released under this subdivision and 15.12 the basis for the release. 15.13 (e) No later than September 1, 2002, the criminal and 15.14 juvenile justice information policy group, in consultation with 15.15 representatives of probation officers and educators, shall 15.16 prepare standard forms for use by juvenile probation officers in 15.17 forwarding information to schools under this subdivision and in 15.18 maintaining a record of the information that is released. The 15.19 group shall provide to the legislature by January 15, 2003, 15.20 copies of all forms and procedures it develops under this 15.21 paragraph. 15.22 (f) As used in this subdivision, "school" means a charter 15.23 school under section 124D.10 or a school as defined in section 15.24 120A.22, subdivision 4, except a home school. 15.25 [EFFECTIVE DATE.] This section is effective the day 15.26 following final enactment and applies to the 2002-2003 school 15.27 year and later. 15.28 Sec. 8. Minnesota Statutes 2000, section 260B.171, 15.29 subdivision 5, is amended to read: 15.30 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 15.31 for records relating to an offense where proceedings are public 15.32 under section 260B.163, subdivision 1, peace officers' records 15.33 of children who are or may be delinquent or who may be engaged 15.34 in criminal acts shall be kept separate from records of persons 15.35 18 years of age or older and are private data but shall be 15.36 disseminated: (1) by order of the juvenile court, (2) as 16.1 required by section 121A.28, (3) as authorized under section 16.2 13.82, subdivision 2, (4) to the child or the child's parent or 16.3 guardian unless disclosure of a record would interfere with an 16.4 ongoing investigation, (5) to the Minnesota crime victims 16.5 reparations board as required by section 611A.56, subdivision 2, 16.6 clause (f), for the purpose of processing claims for crime 16.7 victims reparations, or (6) as otherwise provided in this 16.8 subdivision. Except as provided in paragraph (c), no 16.9 photographs of a child taken into custody may be taken without 16.10 the consent of the juvenile court unless the child is alleged to 16.11 have violated section 169A.20. Peace officers' records 16.12 containing data about children who are victims of crimes or 16.13 witnesses to crimes must be administered consistent with section 16.14 13.82, subdivisions 2, 3, 4, and 10. Any person violating any 16.15 of the provisions of this subdivision shall be guilty of a 16.16 misdemeanor. 16.17 In the case of computerized records maintained about 16.18 juveniles by peace officers, the requirement of this subdivision 16.19 that records about juveniles must be kept separate from adult 16.20 records does not mean that a law enforcement agency must keep 16.21 its records concerning juveniles on a separate computer system. 16.22 Law enforcement agencies may keep juvenile records on the same 16.23 computer as adult records and may use a common index to access 16.24 both juvenile and adult records so long as the agency has in 16.25 place procedures that keep juvenile records in a separate place 16.26 in computer storage and that comply with the special data 16.27 retention and other requirements associated with protecting data 16.28 on juveniles. 16.29 (b) Nothing in this subdivision prohibits the exchange of 16.30 information by law enforcement agencies if the exchanged 16.31 information is pertinent and necessary for law enforcement 16.32 purposes. 16.33 (c) A photograph may be taken of a child taken into custody 16.34 pursuant to section 260B.175, subdivision 1, clause (b), 16.35 provided that the photograph must be destroyed when the child 16.36 reaches the age of 19 years. The commissioner of corrections 17.1 may photograph juveniles whose legal custody is transferred to 17.2 the commissioner. Photographs of juveniles authorized by this 17.3 paragraph may be used only for institution management purposes, 17.4 case supervision by parole agents, and to assist law enforcement 17.5 agencies to apprehend juvenile offenders. The commissioner 17.6 shall maintain photographs of juveniles in the same manner as 17.7 juvenile court records and names under this section. 17.8 (d) Traffic investigation reports are open to inspection by 17.9 a person who has sustained physical harm or economic loss as a 17.10 result of the traffic accident. Identifying information on 17.11 juveniles who are parties to traffic accidents may be disclosed 17.12 as authorized under section 13.82, subdivision 4, and accident 17.13 reports required under section 169.09 may be released under 17.14 section 169.09, subdivision 13, unless the information would 17.15 identify a juvenile who was taken into custody or who is 17.16 suspected of committing an offense that would be a crime if 17.17 committed by an adult, or would associate a juvenile with the 17.18 offense, and the offense is not an adult court traffic offense 17.19 under section 260B.225. 17.20 (e) The head of a law enforcement agency or a person 17.21 specifically delegated the duty by the head of the law 17.22 enforcement agency shall notify theprincipalsuperintendent of 17.23 the student's school district or chief administrative officer of 17.24 a juvenile's school of an incident occurring within the agency's 17.25 jurisdiction if: 17.26 (1) the agency has probable cause to believe that the 17.27 juvenile has committed an offense that would be a crime if 17.28 committed as an adult, that the victim of the offense is a 17.29 student or staff member of the school, and that notice to the 17.30 school is reasonably necessary for the protection of the victim; 17.31 or 17.32 (2) the agency has probable cause to believe that the 17.33 juvenile has committed an offense described in subdivision 3, 17.34 paragraph (a), clauses (1) to (3), that would be a crime if 17.35 committed by an adult, regardless of whether the victim is a 17.36 student or staff member of the school. 18.1 A law enforcement agency is not required to notify the 18.2 school under this paragraph if the agency determines that notice 18.3 would jeopardize an ongoing investigation.Notwithstanding18.4section 138.17, data from a notice received from a law18.5enforcement agency under this paragraph must be destroyed when18.6the juvenile graduates from the school or at the end of the18.7academic year when the juvenile reaches age 23, whichever date18.8is earlier.For purposes of this paragraph, "school" means a 18.9 public or private elementary, middle,orsecondary, or charter 18.10 school. 18.11 (f) In any county in which the county attorney operates or 18.12 authorizes the operation of a juvenile prepetition or pretrial 18.13 diversion program, a law enforcement agency or county attorney's 18.14 office may provide the juvenile diversion program with data 18.15 concerning a juvenile who is a participant in or is being 18.16 considered for participation in the program. 18.17 (g) Upon request of a local social services agency, peace 18.18 officer records of children who are or may be delinquent or who 18.19 may be engaged in criminal acts may be disseminated to the 18.20 agency to promote the best interests of the subject of the data. 18.21 (h) Upon written request, the prosecuting authority shall 18.22 release investigative data collected by a law enforcement agency 18.23 to the victim of a criminal act or alleged criminal act or to 18.24 the victim's legal representative, except as otherwise provided 18.25 by this paragraph. Data shall not be released if: 18.26 (1) the release to the individual subject of the data would 18.27 be prohibited under section 13.821; or 18.28 (2) the prosecuting authority reasonably believes: 18.29 (i) that the release of that data will interfere with the 18.30 investigation; or 18.31 (ii) that the request is prompted by a desire on the part 18.32 of the requester to engage in unlawful activities. 18.33 [EFFECTIVE DATE.] This section is effective the day 18.34 following final enactment and applies to the 2002-2003 school 18.35 year and later. 18.36 Sec. 9. Minnesota Statutes 2000, section 260B.171, is 19.1 amended by adding a subdivision to read: 19.2 Subd. 9. [TRAINING RESPONSIBILITIES.] The office of the 19.3 court administrator is responsible for training all judges and 19.4 court services personnel in their responsibilities under 19.5 subdivision 3 and section 13.32. The department of public 19.6 safety is responsible for training all law enforcement personnel 19.7 in their responsibilities under subdivision 5 and section 13.32. 19.8 [EFFECTIVE DATE.] This section is effective the day 19.9 following final enactment and applies to the 2002-2003 school 19.10 year and later.