1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to data practices; modifying and adding 1.3 definitional terms to data practices; regulating the 1.4 dissemination of data to law enforcement and the 1.5 juvenile justice system; requiring public employees 1.6 and officers to make prompt reports of certain 1.7 unlawful actions; delegating training responsibilities 1.8 for judges, court personnel, and law enforcement 1.9 personnel in data practices requirements and handling 1.10 records; authorizing providing certain data to the 1.11 state auditor for audit or law enforcement purposes 1.12 notwithstanding provisions of the data practices act; 1.13 amending Minnesota Statutes 2000, sections 6.715, 1.14 subdivision 3, by adding a subdivision; 13.32, 1.15 subdivisions 1, 7, 8, by adding a subdivision; 13.43, 1.16 by adding a subdivision; 13.82, subdivision 17; 1.17 121A.75; 260B.171, subdivisions 3, 5, by adding a 1.18 subdivision; 609.415, subdivision 1; 609.456, 1.19 subdivision 1; Minnesota Statutes 2001 Supplement, 1.20 section 124D.10, subdivision 8. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. Minnesota Statutes 2000, section 6.715, 1.23 subdivision 3, is amended to read: 1.24 Subd. 3. [LAW ENFORCEMENT.] Notwithstanding any provision 1.25 to the contrary in subdivision 2, chapter 13, or any other 1.26 statute related to the classification of government data, the 1.27 state auditor may share data relating to an audit with 1.28 appropriate
locallaw enforcement agencies, including data 1.29 classified as not public. 1.30 Sec. 2. Minnesota Statutes 2000, section 6.715, is amended 1.31 by adding a subdivision to read: 1.32 Subd. 4. [ACCESS TO DATA.] It is not a violation of 1.33 chapter 13 or any other statute related to the classification of 2.1 government data for a state agency, statewide system, or 2.2 political subdivision, as defined in section 13.02, to provide 2.3 data or information to the state auditor, including data 2.4 classified as not public, for the purpose of an audit or 2.5 pursuant to section 609.456, subdivision 1. 2.6 Sec. 3. Minnesota Statutes 2000, section 13.32, 2.7 subdivision 1, is amended to read: 2.8 Subdivision 1. [DEFINITIONS.] As used in this section: 2.9 (a) "Assaultive or threatening conduct" means: 2.10 (1) willful conduct by a student that materially and 2.11 substantially disrupts the rights of other students to an 2.12 education; or 2.13 (2) willful conduct by a student that endangers the 2.14 student, other students, or surrounding persons, or property of 2.15 the school. 2.16 (b) "Educational data" means data on individuals maintained 2.17 by a public educational agency or institution or by a person 2.18 acting for the agency or institution which relates to a student. 2.19 Records of instructional personnel which are in the sole 2.20 possession of the maker thereof and are not accessible or 2.21 revealed to any other individual except a substitute teacher, 2.22 and are destroyed at the end of the school year, shall not be 2.23 deemed to be government data. 2.24 Records of a law enforcement unit of a public educational 2.25 agency or institution which are maintained apart from education 2.26 data and are maintained solely for law enforcement purposes, and 2.27 are not disclosed to individuals other than law enforcement 2.28 officials of the jurisdiction are not educational data; 2.29 provided, that education records maintained by the educational 2.30 agency or institution are not disclosed to the personnel of the 2.31 law enforcement unit. The University of Minnesota police 2.32 department is a law enforcement agency for purposes of section 2.33 13.82 and other sections of Minnesota Statutes dealing with law 2.34 enforcement records. Records of organizations providing 2.35 security services to a public educational agency or institution 2.36 must be administered consistent with section 13.861. 3.1 Records relating to a student who is employed by a public 3.2 educational agency or institution which are made and maintained 3.3 in the normal course of business, relate exclusively to the 3.4 individual in that individual's capacity as an employee, and are 3.5 not available for use for any other purpose are classified 3.6 pursuant to section 13.43. 3.7 (b)(c) "Gang activity" means the school has documented 3.8 that the student exhibits at least three of the following gang 3.9 identification criteria that have been developed by the criminal 3.10 gang oversight council under section 299A.64, subdivision 2: 3.11 (1) admits gang membership or association; 3.12 (2) is observed to associate on a regular basis with known 3.13 gang members; 3.14 (3) has tattoos indicating gang membership; 3.15 (4) wears gang symbols to identify with a specific gang; 3.16 (5) appears in a photograph with known gang members or 3.17 appears in a photograph using gang related handsigns; 3.18 (6) is named in a gang document, target list, or in gang 3.19 related graffiti; 3.20 (7) is identified as a gang member by a reliable source 3.21 where the reliability of the source is described; 3.22 (8) is arrested or detained in the company of identified 3.23 gang members or their associates; 3.24 (9) corresponds with known gang members or creates or 3.25 receives correspondence about gang activities; or 3.26 (10) writes gang graffiti on walls, books, or paper. 3.27 (d) "Juvenile justice system" includes criminal justice3.28 agencies and the judiciary when involved in juvenile justice3.29 activities.means: 3.30 (1) a judge of the juvenile court; 3.31 (2) members of court services staff as described in section 3.32 13.84, subdivision 1; 3.33 (3) a county attorney; 3.34 (4) law enforcement officers; and 3.35 (5) individuals designated by the court to perform studies 3.36 or other duties. 4.1 (e) "Principal" means the principal or other person having 4.2 general administrative control and supervision of a school. 4.3 (c)(f) "Student" means an individual currently or formerly 4.4 enrolled or registered, applicants for enrollment or 4.5 registration at a public educational agency or institution, or 4.6 individuals who receive shared time educational services from a 4.7 public agency or institution. 4.8 (d)(g) "Substitute teacher" means an individual who 4.9 performs on a temporary basis the duties of the individual who 4.10 made the record, but does not include an individual who 4.11 permanently succeeds to the position of the maker of the record. 4.12 Sec. 4. Minnesota Statutes 2000, section 13.32, 4.13 subdivision 7, is amended to read: 4.14 Subd. 7. [USES OF DATA.] School officials who receive data 4.15 on juveniles, as authorized under sectionssection 260B.171 and4.16 260C.171, may use and share that data within the school district4.17 or educational entity as necessary to protect persons and4.18 property or to address the educational and other needs of4.19 studentsas provided in section 121A.75. A school district, its 4.20 agents, and employees who use and share this data in good faith 4.21 are immune from civil or criminal liability that might otherwise 4.22 result from their actions. 4.23 Sec. 5. Minnesota Statutes 2000, section 13.32, 4.24 subdivision 8, is amended to read: 4.25 Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon4.26 request, the following education data shall be disclosed4.27 underThis subdivision governs the release of educational data 4.28 to the juvenile justice system for purposes of subdivision 3, 4.29 clause (i) , to the juvenile justice system:. A request under 4.30 this subdivision from a member of the juvenile justice system 4.31 must be directed to the superintendent of the student's school 4.32 district or the chief administrative officer of the student's 4.33 school, who must transmit the request to the principal of the 4.34 student's school. The principal is responsible for responding 4.35 to the request and performing the duties of the school under 4.36 this subdivision. 5.1 (b) A school official or a member of the juvenile justice 5.2 system may provide for the electronic transmittal of a request 5.3 or a response to a request for data under this subdivision, 5.4 provided that the certification of a request for data includes 5.5 the digital signature of the requesting member of the juvenile 5.6 justice system and adequate procedures are in place to prevent 5.7 unauthorized access to the data. 5.8 (c) The release of the data listed in this paragraph to the 5.9 juvenile justice system will effectively serve, prior to 5.10 adjudication, the needs of the student whose records are 5.11 released. Upon receipt of a written request, a school shall 5.12 provide this data to a member of the juvenile justice system, to 5.13 the extent the school maintains the data: 5.14 (1) a student's full name, home address, telephone number, 5.15 and date of birth; 5.16 (2) a student's school schedule ,and attendance record , and5.17 photographs, if any; and5.18 (3) language, other than English, used at home by the 5.19 student; 5.20 (4) directory information not included in this list, as 5.21 defined in Code of Federal Regulations, title 34, section 99.3, 5.22 notwithstanding parental objection to disclosure; and 5.23 (5) the student's parents' names, home addresses, and 5.24 telephone numbers. 5.25 (d) A member of the juvenile justice system may request 5.26 information from a school regarding the existence of data listed 5.27 in this paragraph, provided that the request indicates the data 5.28 that are the subject of the inquiry and contains an explanation 5.29 of why access to information regarding the data is necessary to 5.30 effectively serve the student. If an explanation is received, 5.31 the school shall indicate whether it maintains data in its 5.32 records that document the following activity or behavior by the 5.33 student: 5.34 (1) receipt of medication by the student at school as 5.35 provided in section 121A.22; 5.36 (2) participation in an individual education program under 6.1 Code of Federal Regulations, title 34, sections 300.500 to 6.2 300.529, if the student has been accused of committing a crime; 6.3 (b) In addition, the following data on behavior by a6.4 student who is on probation may be disclosed under subdivision6.5 3, clause (i) or (1), to the juvenile justice system:6.6 (1)(3) use of a controlled substance, alcohol, or tobacco; 6.7 (2)(4) assaultive or threatening conduct that could result6.8 in dismissal from school under section 121A.45, subdivision 2,6.9 clause (b) or (c)as defined in subdivision 1; 6.10 (3)(5) possession or use of weapons or look-alike weapons; 6.11 (4)(6) participation in gang activity as defined by the6.12 criminal gang oversight council under section 299A.64,in 6.13 subdivision 2, paragraph (b)1; 6.14 (7) participation in bias-motivated acts; 6.15 (5)(8) theft; or 6.16 (6)(9) vandalism or other damage to property. 6.17 Any request for access to data under this paragraph must6.18 contain an explanation of why access to the data is necessary to6.19 serve the student or to protect students or staff.6.20 (e) This subdivision does not require a school to create 6.21 data. A school is not required to provide the data if the data 6.22 are protected by a court order. A school must respond to a 6.23 request for data within ten days. 6.24 (c)(f) A superintendent of a school district or chief6.25 administrative officer of a school whoschool that discloses 6.26 information about a student to the juvenile justice system under 6.27 this paragraphsubdivision shall, to the extent permitted by 6.28 federal law, notify the student's parent or guardian of the 6.29 disclosure. 6.30 (d)(g) Nothing in this subdivision shall limit the 6.31 disclosure of educational data pursuant to court order. 6.32 (h) A school district, its agents, and employees who 6.33 provide data under this subdivision are not liable for 6.34 compensatory or exemplary damages or an award of attorney fees 6.35 in an action under section 13.08 or other law, or for a penalty 6.36 under section 13.09, except for a reckless or intentional 7.1 release of data to a person who is not a member of the juvenile 7.2 justice system. 7.3 (i) Section 13.03, subdivision 4, applies to data that are 7.4 shared under this subdivision with a government entity. If the 7.5 data are shared with a member of the juvenile justice system who 7.6 is not a government entity, the person must treat the data 7.7 consistent with the requirements of this chapter that would 7.8 apply to a government entity. 7.9 (j) A member of the juvenile justice system who falsely 7.10 certifies a request for data under this section is subject to 7.11 the penalties provided in section 13.09. 7.12 Sec. 6. Minnesota Statutes 2000, section 13.32, is amended 7.13 by adding a subdivision to read: 7.14 Subd. 9. [FORMS.] To make a data request under subdivision 7.15 8, paragraph (d), a member of the juvenile justice system must 7.16 use the following form: 7.17 REQUEST FOR INFORMATION 7.18 Family Educational Rights and Privacy Act/ 7.19 Minnesota Government Data Practices Act 7.20 DATE/TIME OF REQUEST ............................ 7.21 TO: ........................................ 7.22 (Superintendent of school district 7.23 or chief administrative officer of school) 7.24 FROM: ........................................ 7.25 (Requester's name/agency) 7.26 STUDENT: ....................................... 7.27 BASIS FOR REQUEST 7.28 ... Juvenile delinquency investigation/prosecution 7.29 ... Child protection assessment/investigation 7.30 ... Investigation/filing of CHIPS or delinquency 7.31 petition 7.32 REASON FOR REQUEST (requester must describe why information 7.33 regarding existence of the data marked below is necessary to 7.34 effectively serve the student)................................... 7.35 ................................................................. 7.36 ................................................................. 7.37 ................................................................. 7.38 RESPONSE TO REQUEST 8.1 The school must indicate whether it has data on the student 8.2 that document any activity or behavior marked by the requester. 8.3 INFORMATION REQUESTED (mark all that apply) RESPONSE 8.4 Indicate whether you have data 8.5 that document the student's: (yes or no) 8.6 ... receipt of medication at school according 8.7 to Minnesota Statutes, section 121A.22 .... 8.8 ... participation in an individualized education 8.9 program under Code of Federal Regulations, 8.10 title 34, section 300.500 et seq., if it is 8.11 alleged that the student has committed a crime .... 8.12 ... use of a controlled substance, alcohol, 8.13 or tobacco .... 8.14 ... assaultive or threatening conduct as defined 8.15 in Minnesota Statutes, section 13.32, 8.16 subdivision 1 .... 8.17 ... possession or use of weapons or look-alike 8.18 weapons .... 8.19 ... participation in gang activities as defined 8.20 in Minnesota Statutes, section 13.32, 8.21 subdivision 1 .... 8.22 ... participation in bias-motivated acts .... 8.23 ... theft .... 8.24 ... vandalism and damage to property .... 8.25 CERTIFICATION: The undersigned certifies that the undersigned 8.26 is a member of the juvenile justice system as defined by 8.27 Minnesota Statutes, section 13.32, subdivision 1. The requested 8.28 data are needed by the juvenile justice system so it may 8.29 effectively serve, prior to adjudication, the student whose 8.30 records are released. The undersigned will not disclose the 8.31 information received to any other party, except as provided 8.32 under state law, without prior written consent as required by 8.33 Code of Federal Regulations, title 34, section 99.38(b). The 8.34 undersigned further certifies that the undersigned understands 8.35 that by signing this request, the undersigned is subject to the 8.36 penalties in Minnesota Statutes, section 13.09. 8.37 ....................................................... 8.38 Signature/Title 8.39 Sec. 7. Minnesota Statutes 2000, section 13.43, is amended 8.40 by adding a subdivision to read: 8.41 Subd. 15. [DISSEMINATION OF DATA TO LAW ENFORCEMENT.] 8.42 Private personnel data, or data on employees that are 9.1 confidential data under section 13.39, may be disseminated to a 9.2 law enforcement agency for the purpose of reporting a crime or 9.3 alleged crime committed by an employee, or for the purpose of 9.4 assisting law enforcement in the investigation of a crime 9.5 committed or allegedly committed by an employee. 9.6 Sec. 8. Minnesota Statutes 2000, section 13.82, 9.7 subdivision 17, is amended to read: 9.8 Subd. 17. [PROTECTION OF IDENTITIES.] A law enforcement 9.9 agency or a law enforcement dispatching agency working under 9.10 direction of a law enforcement agency shall withhold public 9.11 access to data on individuals to protect the identity of 9.12 individuals in the following circumstances: 9.13 (a) when access to the data would reveal the identity of an 9.14 undercover law enforcement officer, as provided in section 9.15 13.43, subdivision 5; 9.16 (b) when access to the data would reveal the identity of a 9.17 victim or alleged victim of criminal sexual conduct or of a 9.18 violation of section 617.246, subdivision 2; 9.19 (c) when access to the data would reveal the identity of a 9.20 paid or unpaid informant being used by the agency if the agency 9.21 reasonably determines that revealing the identity of the 9.22 informant would threaten the personal safety of the informant; 9.23 (d) when access to the data would reveal the identity of a 9.24 victim of or witness to a crime if the victim or witness 9.25 specifically requests not to be identified publicly, unless the 9.26 agency reasonably determines that revealing the identity of the 9.27 victim or witness would not threaten the personal safety or 9.28 property of the individual; 9.29 (e) when access to the data would reveal the identity of a 9.30 deceased person whose body was unlawfully removed from a 9.31 cemetery in which it was interred; 9.32 (f) when access to the data would reveal the identity of a 9.33 person who placed a call to a 911 system or the identity or 9.34 telephone number of a service subscriber whose phone is used to 9.35 place a call to the 911 system and: (1) the agency determines 9.36 that revealing the identity may threaten the personal safety or 10.1 property of any person; or (2) the object of the call is to 10.2 receive help in a mental health emergency. For the purposes of 10.3 this paragraph, a voice recording of a call placed to the 911 10.4 system is deemed to reveal the identity of the caller; 10.5 (g) when access to the data would reveal the identity of a 10.6 juvenile witness and the agency reasonably determines that the 10.7 subject matter of the investigation justifies protecting the 10.8 identity of the witness; or 10.9 (h) when access to the data would reveal the identity of a 10.10 mandated reporter under sectionssection 626.556 and, 626.557, 10.11 or 609.456. 10.12 Data concerning individuals whose identities are protected 10.13 by this subdivision are private data about those individuals. 10.14 Law enforcement agencies shall establish procedures to acquire 10.15 the data and make the decisions necessary to protect the 10.16 identity of individuals described in clauses (c), (d), (f), and 10.17 (g). 10.18 Sec. 9. Minnesota Statutes 2000, section 121A.75, is 10.19 amended to read: 10.20 121A.75 [RECEIPT OF DISPOSITION ORDERRECORDS; SHARING.] 10.21 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 10.22 section "principal" means a principal or other person having 10.23 general administrative control and supervision of a school. 10.24 (b) For purposes of this section, "school" means a charter 10.25 school or a school as defined in section 120A.22, subdivision 4, 10.26 except a home school. 10.27 Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a 10.28 disposition order under section 260B.171, subdivision 3, the 10.29 superintendent of the student's school district or chief 10.30 administrative officer of the student's school must immediately 10.31 transmit the order to the principal of the school where the 10.32 student is in attendance. The principal must place the 10.33 disposition order in the student's permanent education record. 10.34 The principal must also immediately notify any counselor 10.35 directly supervising or reporting on the behavior or progress of 10.36 the student. In addition, the principal must immediately notify 11.1 any teacher or administrator who directly supervises or reports 11.2 on the behavior or progress of the student whom the principal 11.3 believes needs the data to work with the student in an 11.4 appropriate manner, to avoid being needlessly vulnerable, or to 11.5 protect other persons from needless vulnerability. The 11.6 principal may also notify other district employees, substitutes, 11.7 and volunteers who are in direct contact with the student, if 11.8 they determine these individuals need the data to work with the 11.9 student in an appropriate manner, to avoid being needlessly 11.10 vulnerable, or to protect other persons from needless 11.11 vulnerability. When provided in the disposition order, the 11.12 notice given under this paragraph by the principal must identify 11.13 the student, outline the offense, and describe any conditions of 11.14 probation about which the school must provide information. 11.15 (c)(b) Information received under this subdivision is 11.16 private data on individuals as defined in section 13.32 and is 11.17 received for the limited purpose of serving the educational 11.18 needs of the student and protecting students or staff. The data 11.19 may not be further disseminated by the teacher, counselor, staff 11.20 member, administrator, substitute, or volunteer ;, except as 11.21 necessary to serve the student, to protect students or staff, or 11.22 as otherwise required by law, and only to the following persons: 11.23 (1) the student; or 11.24 (2) the student's parent or guardian ;11.25 (3) law enforcement officers; or11.26 (4) the student's probation officer. 11.27 (d)(c) If a student is removed from school as part of the 11.28 disposition order, the superintendent of the student's school 11.29 district or chief administrative officer of the student's school 11.30 must maintain the copy of the order in a secure file and shall 11.31 notify the principal when the student is returned to school. If 11.32 the student is returned to a different school district or 11.33 school, the student's probation officer must send a copy of the 11.34 disposition order to the superintendent of the new school 11.35 district or the chief administrative officer of the new school. 11.36 (e)(d) The disposition order must be included if the 12.1 student's permanent education record is released to another 12.2 school district or educational entity to which the student is 12.3 transferring under section 120A.22, subdivision 7. 12.4 (f)(e) Notwithstanding section 138.17, a disposition order 12.5 received under section 260B.171, subdivision 3, paragraph (a), 12.6 must be destroyed when the student graduates from school or at 12.7 the end of the school year in which the student reaches age 23, 12.8 whichever is earlier. A disposition order received under 12.9 section 260B.171, subdivision 3, paragraph (b), must be 12.10 destroyed when the student is discharged from probation. 12.11 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) On 12.12 receipt of the notice from a law enforcement agency required by 12.13 section 260B.171, subdivision 5, the superintendent of the 12.14 student's school district or chief administrative officer of the 12.15 student's school must immediately transmit the notice to the 12.16 principal of the school where the student is in attendance. The 12.17 principal must place the notice in the student's permanent 12.18 education record. The principal must immediately notify any 12.19 teacher, counselor, or administrator directly supervising the 12.20 student who the principal believes needs the data to work with 12.21 the student in an appropriate manner, to avoid being needlessly 12.22 vulnerable, or to protect other persons from needless 12.23 vulnerability. The principal may also notify other district 12.24 employees, substitutes, or volunteers who are in direct contact 12.25 with the student if the principal determines these individuals 12.26 need the data to work with the juvenile in an appropriate 12.27 manner, to avoid being needlessly vulnerable, or to protect 12.28 other persons from needless vulnerability. When provided in the 12.29 peace officer notice, the notice from the principal must 12.30 identify the student and describe the alleged offense. 12.31 (b) Data received under this subdivision are private data 12.32 on individuals pursuant to section 13.32 and are received for 12.33 the limited purpose of serving the educational needs of the 12.34 student and protecting students or staff. The data must not be 12.35 further disseminated by the teacher, counselor, staff member, 12.36 administrator, substitute, or volunteer, except to communicate 13.1 with the student or the student's parent or guardian as 13.2 necessary to serve the student, protect students or staff, or as 13.3 otherwise required by law. 13.4 (c) The notice must be included if the student's permanent 13.5 education record is released to another school district or 13.6 educational entity to which the student is transferring pursuant 13.7 to section 120A.22, subdivision 7. 13.8 (d) If the county attorney determines not to proceed with a 13.9 petition alleging any of the offenses listed in section 13.10 260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or 13.11 directs the student into a diversion or mediation program, the 13.12 county attorney must notify the superintendent or the chief 13.13 administrative officer of the school where the student is in 13.14 attendance. The notice must contain the name of the student and 13.15 a summary of the resolution of the case. The superintendent or 13.16 chief administrative officer must send the notice to the 13.17 principal of the school where the student attends. The 13.18 principal must put the notice in the student's permanent record 13.19 and make reasonable efforts to notify any teacher, counselor, 13.20 staff member, administrator, substitute, or volunteer who 13.21 received data from the peace officer notice. 13.22 (e) If the juvenile court makes a decision on a petition 13.23 that alleges any of the offenses listed in section 260B.171, 13.24 subdivision 3, paragraph (a), clauses (1) to (3), and the 13.25 decision affects a student and is not a disposition order, the 13.26 court must notify the superintendent of the school district or 13.27 chief administrative officer of the school where the student is 13.28 in attendance of the decision. The superintendent or chief 13.29 administrative officer must send the notice to the principal of 13.30 the school where the student attends. The principal must put 13.31 the notice in the student's permanent record and make reasonable 13.32 efforts to notify any teacher, counselor, staff member, 13.33 administrator, substitute, or volunteer who received data from 13.34 the peace officer notice. 13.35 (f) Notwithstanding section 138.17, data from a notice 13.36 received from a law enforcement agency must be destroyed when 14.1 the student graduates from the school or at the end of the 14.2 academic year when the student reaches age 23, whichever date is 14.3 earlier. 14.4 Sec. 10. Minnesota Statutes 2001 Supplement, section 14.5 124D.10, subdivision 8, is amended to read: 14.6 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter 14.7 school shall meet all applicable state and local health and 14.8 safety requirements. 14.9 (b) A school sponsored by a school board may be located in 14.10 any district, unless the school board of the district of the 14.11 proposed location disapproves by written resolution. 14.12 (c) A charter school must be nonsectarian in its programs, 14.13 admission policies, employment practices, and all other 14.14 operations. A sponsor may not authorize a charter school or 14.15 program that is affiliated with a nonpublic sectarian school or 14.16 a religious institution. 14.17 (d) Charter schools must not be used as a method of 14.18 providing education or generating revenue for students who are 14.19 being home-schooled. 14.20 (e) The primary focus of a charter school must be to 14.21 provide a comprehensive program of instruction for at least one 14.22 grade or age group from five through 18 years of age. 14.23 Instruction may be provided to people younger than five years 14.24 and older than 18 years of age. 14.25 (f) A charter school may not charge tuition. 14.26 (g) A charter school is subject to and must comply with 14.27 chapter 363 and section 121A.04. 14.28 (h) A charter school is subject to and must comply with the 14.29 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 14.30 Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 14.31 (i) A charter school is subject to the same financial 14.32 audits, audit procedures, and audit requirements as a district. 14.33 Audits must be conducted in compliance with generally accepted 14.34 governmental auditing standards, the Federal Single Audit Act, 14.35 if applicable, and section 6.65. A charter school is subject to 14.36 and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 15.1 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 15.2 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 15.3 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must 15.4 comply with the requirements of sections 123B.75 to 123B.83, 15.5 except to the extent deviations are necessary because of the 15.6 program at the school. Deviations must be approved by the 15.7 commissioner. The department of children, families, and 15.8 learning, state auditor, or legislative auditor may conduct 15.9 financial, program, or compliance audits. A charter school 15.10 determined to be in statutory operating debt under sections 15.11 123B.81 to 123B.83 must submit a plan under section 123B.81, 15.12 subdivision 4. 15.13 (j) A charter school is a district for the purposes of tort 15.14 liability under chapter 466. 15.15 (k) A charter school must comply with sections 13.32, 15.16 121A.75, and 260B.171, subdivisions 3 and 5. 15.17 Sec. 11. Minnesota Statutes 2000, section 260B.171, 15.18 subdivision 3, is amended to read: 15.19 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 15.20 juvenile is enrolled in school, the juvenile's probation officer 15.21 shall transmit a copy of the court's disposition order to the 15.22 superintendent of the juvenile's school district or the chief 15.23 administrative officer of the juvenile's school if the juvenile 15.24 has been adjudicated delinquent for committing an act on the 15.25 school's property or an act: 15.26 (1) that would be a violation of section 609.185 15.27 (first-degree murder); 609.19 (second-degree murder); 609.195 15.28 (third-degree murder); 609.20 (first-degree manslaughter); 15.29 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 15.30 homicide and injury); 609.221 (first-degree assault); 609.222 15.31 (second-degree assault); 609.223 (third-degree assault); 15.32 609.2231 (fourth-degree assault); 609.224 (fifth-degree 15.33 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 15.34 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 15.35 (false imprisonment); 609.342 (first-degree criminal sexual 15.36 conduct); 609.343 (second-degree criminal sexual conduct); 16.1 609.344 (third-degree criminal sexual conduct); 609.345 16.2 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 16.3 criminal sexual conduct); 609.498 (tampering with a witness); 16.4 609.561 (first-degree arson); 609.582, subdivision 1 or 2 16.5 (burglary); 609.713 (terroristic threats); or 609.749 16.6 (harassment and stalking), if committed by an adult; 16.7 (2) that would be a violation of section 152.021 16.8 (first-degree controlled substance crime); 152.022 16.9 (second-degree controlled substance crime); 152.023 16.10 (third-degree controlled substance crime); 152.024 16.11 (fourth-degree controlled substance crime); 152.025 16.12 (fifth-degree controlled substance crime); 152.0261 (importing a 16.13 controlled substance); or 152.027 (other controlled substance 16.14 offenses), if committed by an adult; or 16.15 (3) that involved the possession or use of a dangerous 16.16 weapon as defined in section 609.02, subdivision 6. 16.17 When a disposition order is transmitted under this 16.18 subdivision, the probation officer shall notify the juvenile's 16.19 parent or legal guardian that the disposition order has been 16.20 shared with the juvenile's school. 16.21 (b) In addition, the juvenile's probation officer may 16.22 transmit a copy of the court's disposition order to the 16.23 superintendent of the juvenile's school district or the chief 16.24 administrative officer of the juvenile's school if the juvenile 16.25 has been adjudicated delinquent for offenses not listed in 16.26 paragraph (a) and placed on probation. The probation officer 16.27 shall notify the superintendent or chief administrative officer 16.28 when the juvenile is discharged from probation. 16.29 (c) The disposition order must be accompanied by a notice 16.30 to the school that the school may obtain additional information 16.31 from the juvenile's probation officer with the consent of the 16.32 juvenile or the juvenile's parents, as applicable. The 16.33 disposition order must be maintained, shared, or released only 16.34 as provided in section 121A.07121A.75. 16.35 (d) The juvenile's probation officer shall maintain a 16.36 record of disposition orders released under this subdivision and 17.1 the basis for the release. 17.2 (e) No later than September 1, 2002, the criminal and 17.3 juvenile justice information policy group, in consultation with 17.4 representatives of probation officers and educators, shall 17.5 prepare standard forms for use by juvenile probation officers in 17.6 forwarding information to schools under this subdivision and in 17.7 maintaining a record of the information that is released. The 17.8 group shall provide a copy of any forms or procedures developed 17.9 under this paragraph to the legislature by January 15, 2003. 17.10 (f) As used in this subdivision, "school" means a charter 17.11 school or a school as defined in section 120A.22, subdivision 4, 17.12 except a home school. 17.13 Sec. 12. Minnesota Statutes 2000, section 260B.171, 17.14 subdivision 5, is amended to read: 17.15 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 17.16 for records relating to an offense where proceedings are public 17.17 under section 260B.163, subdivision 1, peace officers' records 17.18 of children who are or may be delinquent or who may be engaged 17.19 in criminal acts shall be kept separate from records of persons 17.20 18 years of age or older and are private data but shall be 17.21 disseminated: (1) by order of the juvenile court, (2) as 17.22 required by section 121A.28, (3) as authorized under section 17.23 13.82, subdivision 2, (4) to the child or the child's parent or 17.24 guardian unless disclosure of a record would interfere with an 17.25 ongoing investigation, (5) to the Minnesota crime victims 17.26 reparations board as required by section 611A.56, subdivision 2, 17.27 clause (f), for the purpose of processing claims for crime 17.28 victims reparations, or (6) as otherwise provided in this 17.29 subdivision. Except as provided in paragraph (c), no 17.30 photographs of a child taken into custody may be taken without 17.31 the consent of the juvenile court unless the child is alleged to 17.32 have violated section 169A.20. Peace officers' records 17.33 containing data about children who are victims of crimes or 17.34 witnesses to crimes must be administered consistent with section 17.35 13.82, subdivisions 2, 3, 4, and 10. Any person violating any 17.36 of the provisions of this subdivision shall be guilty of a 18.1 misdemeanor. 18.2 In the case of computerized records maintained about 18.3 juveniles by peace officers, the requirement of this subdivision 18.4 that records about juveniles must be kept separate from adult 18.5 records does not mean that a law enforcement agency must keep 18.6 its records concerning juveniles on a separate computer system. 18.7 Law enforcement agencies may keep juvenile records on the same 18.8 computer as adult records and may use a common index to access 18.9 both juvenile and adult records so long as the agency has in 18.10 place procedures that keep juvenile records in a separate place 18.11 in computer storage and that comply with the special data 18.12 retention and other requirements associated with protecting data 18.13 on juveniles. 18.14 (b) Nothing in this subdivision prohibits the exchange of 18.15 information by law enforcement agencies if the exchanged 18.16 information is pertinent and necessary for law enforcement 18.17 purposes. 18.18 (c) A photograph may be taken of a child taken into custody 18.19 pursuant to section 260B.175, subdivision 1, clause (b), 18.20 provided that the photograph must be destroyed when the child 18.21 reaches the age of 19 years. The commissioner of corrections 18.22 may photograph juveniles whose legal custody is transferred to 18.23 the commissioner. Photographs of juveniles authorized by this 18.24 paragraph may be used only for institution management purposes, 18.25 case supervision by parole agents, and to assist law enforcement 18.26 agencies to apprehend juvenile offenders. The commissioner 18.27 shall maintain photographs of juveniles in the same manner as 18.28 juvenile court records and names under this section. 18.29 (d) Traffic investigation reports are open to inspection by 18.30 a person who has sustained physical harm or economic loss as a 18.31 result of the traffic accident. Identifying information on 18.32 juveniles who are parties to traffic accidents may be disclosed 18.33 as authorized under section 13.82, subdivision 4, and accident 18.34 reports required under section 169.09 may be released under 18.35 section 169.09, subdivision 13, unless the information would 18.36 identify a juvenile who was taken into custody or who is 19.1 suspected of committing an offense that would be a crime if 19.2 committed by an adult, or would associate a juvenile with the 19.3 offense, and the offense is not an adult court traffic offense 19.4 under section 260B.225. 19.5 (e) The head of a law enforcement agency or a person 19.6 specifically given the duty by the head of the law enforcement 19.7 agency shall notify the principalsuperintendent or chief 19.8 administrative officer of a juvenile's school of an incident 19.9 occurring within the agency's jurisdiction if: 19.10 (1) the agency has probable cause to believe that the 19.11 juvenile has committed an offense that would be a crime if 19.12 committed as an adult, that the victim of the offense is a 19.13 student or staff member of the school, and that notice to the 19.14 school is reasonably necessary for the protection of the victim; 19.15 or 19.16 (2) the agency has probable cause to believe that the 19.17 juvenile has committed an offense described in subdivision 3, 19.18 paragraph (a), clauses (1) to (3), that would be a crime if 19.19 committed by an adult, regardless of whether the victim is a 19.20 student or staff member of the school. 19.21 A law enforcement agency is not required to notify the 19.22 school under this paragraph if the agency determines that notice 19.23 would jeopardize an ongoing investigation. Notwithstanding19.24 section 138.17, data from a notice received from a law19.25 enforcement agency under this paragraph must be destroyed when19.26 the juvenile graduates from the school or at the end of the19.27 academic year when the juvenile reaches age 23, whichever date19.28 is earlier.For purposes of this paragraph, "school" means a 19.29 public or private elementary, middle, orsecondary, or charter 19.30 school. 19.31 (f) In any county in which the county attorney operates or 19.32 authorizes the operation of a juvenile prepetition or pretrial 19.33 diversion program, a law enforcement agency or county attorney's 19.34 office may provide the juvenile diversion program with data 19.35 concerning a juvenile who is a participant in or is being 19.36 considered for participation in the program. 20.1 (g) Upon request of a local social services agency, peace 20.2 officer records of children who are or may be delinquent or who 20.3 may be engaged in criminal acts may be disseminated to the 20.4 agency to promote the best interests of the subject of the data. 20.5 (h) Upon written request, the prosecuting authority shall 20.6 release investigative data collected by a law enforcement agency 20.7 to the victim of a criminal act or alleged criminal act or to 20.8 the victim's legal representative, except as otherwise provided 20.9 by this paragraph. Data shall not be released if: 20.10 (1) the release to the individual subject of the data would 20.11 be prohibited under section 13.821; or 20.12 (2) the prosecuting authority reasonably believes: 20.13 (i) that the release of that data will interfere with the 20.14 investigation; or 20.15 (ii) that the request is prompted by a desire on the part 20.16 of the requester to engage in unlawful activities. 20.17 Sec. 13. Minnesota Statutes 2000, section 260B.171, is 20.18 amended by adding a subdivision to read: 20.19 Subd. 9. [TRAINING RESPONSIBILITIES.] The office of the 20.20 court administrator is responsible for training all judges and 20.21 court services personnel in their responsibilities under 20.22 subdivision 3 and section 13.32. The department of public 20.23 safety is responsible for training all law enforcement personnel 20.24 in their responsibilities under subdivision 5 and section 13.32. 20.25 Sec. 14. Minnesota Statutes 2000, section 609.415, 20.26 subdivision 1, is amended to read: 20.27 Subdivision 1. [DEFINITIONS.] As used in sections 609.415 20.28 to 609.465, and 609.515, 20.29 (1) "Public officer" means: 20.30 (a) an executive or administrative officer of the state or 20.31 of a county, municipality or other subdivision or agency of the 20.32 state; 20.33 (b) a member of the legislature or of a governing board of 20.34 a county, municipality, or other subdivision of the state, or 20.35 other governmental instrumentality within the state; 20.36 (c) a judicial officer; 21.1 (d) a hearing officer; 21.2 (e) a law enforcement officer; or 21.3 (f) any other person exercising the functions of a public 21.4 officer. 21.5 (2) "Public employee" means a person employed by or acting 21.6 for the state or a county, municipality, or other subdivision or 21.7 governmental instrumentality of the state for the purpose of 21.8 exercising their respective powers and performing their 21.9 respective duties, and who is not a public officer. Public 21.10 employee includes a member of a charter commission. 21.11 (3) "Judicial officer" means a judge, court commissioner, 21.12 referee, or any other person appointed by a judge or court to 21.13 hear or determine a cause or controversy. 21.14 (4) "Hearing officer" means any person authorized by law or 21.15 private agreement to hear or determine a cause or controversy 21.16 who is not a judicial officer. 21.17 (5) "Political subdivision" means a county, town, statutory 21.18 or home rule charter city, school district, special service 21.19 district, or other municipal corporation of the state of 21.20 Minnesota. 21.21 Sec. 15. Minnesota Statutes 2000, section 609.456, 21.22 subdivision 1, is amended to read: 21.23 Subdivision 1. [STATE AUDITOR.] Whenever a public employee 21.24 or public officer of a political subdivision or charter 21.25 commission discovers evidence of theft, embezzlement, or21.26 unlawful use of public funds or property, or misuse of public 21.27 funds by a charter commission or any person authorized to expend 21.28 public funds, the employee or elected officialofficer shall ,21.29 except when to do so would knowingly impede or otherwise21.30 interfere with an ongoing criminal investigation,promptly 21.31 report to law enforcement and shall promptly report in writing 21.32 to the state auditor a detailed description of the alleged 21.33 incident or incidents. Notwithstanding chapter 13 or any other 21.34 statute related to the classification of government data, the 21.35 public employee or public officer shall provide data or 21.36 information related to the alleged incident or incidents to the 22.1 state auditor and law enforcement, including data classified as 22.2 not public.