2nd 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; regulating the 1.3 dissemination of data between schools, law 1.4 enforcement, and the juvenile justice system; 1.5 requiring public employees and officers to make prompt 1.6 reports of certain unlawful actions; authorizing 1.7 providing certain data to the state auditor for audit 1.8 or law enforcement purposes; imposing criminal 1.9 penalties; amending Minnesota Statutes 2000, sections 1.10 6.715, subdivision 3, by adding a subdivision; 13.32, 1.11 subdivisions 7, 8, by adding a subdivision; 13.43, by 1.12 adding a subdivision; 13.82, subdivision 17; 120A.22, 1.13 subdivision 7; 121A.75; 260B.171, subdivisions 3, 5; 1.14 609.415, subdivision 1; 609.456, subdivision 1; 1.15 Minnesota Statutes 2001 Supplement, section 124D.10, 1.16 subdivision 8. 1.17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.18 Section 1. Minnesota Statutes 2000, section 6.715, 1.19 subdivision 3, is amended to read: 1.20 Subd. 3. [LAW ENFORCEMENT.] Notwithstanding any provision 1.21 to the contrary in subdivision 2, chapter 13, or any other 1.22 statute related to the classification of government data, the 1.23 state auditor may share data relating to an audit with 1.24 appropriate
locallaw enforcement agencies, including data 1.25 classified as not public. 1.26 Sec. 2. Minnesota Statutes 2000, section 6.715, is amended 1.27 by adding a subdivision to read: 1.28 Subd. 4. [ACCESS TO DATA.] It is not a violation of 1.29 chapter 13 or any other statute related to the classification of 1.30 government data for a state agency, statewide system, or 1.31 political subdivision, as defined in section 13.02, to provide 2.1 data or information to the state auditor, including data 2.2 classified as not public, for the purpose of an audit or 2.3 pursuant to section 609.456, subdivision 1. 2.4 Sec. 3. Minnesota Statutes 2000, section 13.32, 2.5 subdivision 7, is amended to read: 2.6 Subd. 7. [USES OF DATA.] School officials who receive data 2.7 on juveniles, as authorized under sectionssection 260B.171 and2.8 260C.171, may use and share that data within the school district2.9 or educational entity as necessary to protect persons and2.10 property or to address the educational and other needs of2.11 studentsas provided in section 121A.75. A school district, its 2.12 agents, and employees who use and share this data in good faith 2.13 are immune from civil or criminal liability that might otherwise 2.14 result from their actions. 2.15 Sec. 4. Minnesota Statutes 2000, section 13.32, 2.16 subdivision 8, is amended to read: 2.17 Subd. 8. [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 2.18 request, the following education data shall be disclosed under 2.19 subdivision 3, clause (i), to the juvenile justice system: a 2.20 student's full name, home address, telephone number, date of 2.21 birth; a student's school schedule, attendance record, and 2.22 photographs, if any; and parents' names, home addresses, and 2.23 telephone numbers. 2.24 (b) In addition, the existence of the following data on2.25 behavior byabout a student who is on probationmay be disclosed 2.26 under subdivision 3, clause (i) or (1), to the juvenile justice2.27 system: 2.28 (1) use of a controlled substance, alcohol, or tobacco; 2.29 (2) assaultive or threatening conduct that could result in 2.30 dismissal from school under section 121A.45, subdivision 2, 2.31 clause (b) or (c); 2.32 (3) possession or use of weapons or look-alike weapons; 2.33 (4) participation in gang activity as defined by the2.34 criminal gang oversight council under section 299A.64,2.35 subdivision 2, paragraph (b);2.36 (5)theft; or 3.1 (6)(5) vandalism or other damage to property. 3.2 Any request for access to data under this paragraph must 3.3 contain an explanation of why access to the data is necessary to 3.4 serve the student or to protect students or staff. 3.5 (c) A superintendent of a school districtprincipal or 3.6 chief administrative officer of a school who disclosesreceives 3.7 a request to disclose information about a student to the 3.8 juvenile justice system under thisparagraph (b) shall, to the 3.9 extent permitted by federal law, notify the student's parent or 3.10 guardian by certified mail of the disclosurerequest to disclose 3.11 information before disclosing the information. If the student's 3.12 parent or guardian notifies the principal or chief 3.13 administrative officer within ten days of receiving the 3.14 certified notice that the parent or guardian objects to the 3.15 disclosure, the principal or chief administrative officer must 3.16 not disclose the information. The principal or chief 3.17 administrative officer must inform the requesting member of the 3.18 juvenile justice system of the objection. 3.19 (d) A principal or chief administrative officer is not 3.20 required to create data under this subdivision. Information 3.21 provided in response to a data request under paragraph (b) shall 3.22 indicate only whether the data described in paragraph (b) 3.23 exist. The principal or chief administrative officer is not 3.24 authorized under paragraph (b) to disclose the actual data or 3.25 other information contained in the student's education record. 3.26 A principal or chief administrative officer is not required to 3.27 provide data that are protected by court order. A principal or 3.28 chief administrative officer must respond to a data request 3.29 within 14 days if no objection is received from the parent or 3.30 guardian. 3.31 (e) Nothing in this subdivision shall limit the disclosure 3.32 of educational data pursuant to court order. 3.33 (f) A school district, its agents, and employees who 3.34 provide data in good faith under this subdivision are not liable 3.35 for compensatory or exemplary damages or an award of attorney 3.36 fees in an action under section 13.08, or other law, or for a 4.1 penalty under section 13.09. 4.2 (g) Section 13.03, subdivision 4, applies to data that are 4.3 shared under this subdivision with a government entity. If data 4.4 are shared with a member of the juvenile justice system who is 4.5 not a government entity, the person receiving the shared data 4.6 must treat the data consistent with the requirements of this 4.7 chapter applicable to a government entity. 4.8 (h) A member of the juvenile justice system who falsely 4.9 certifies a request for data under this section is subject to 4.10 the penalties under section 13.09. 4.11 Sec. 5. Minnesota Statutes 2000, section 13.32, is amended 4.12 by adding a subdivision to read: 4.13 Subd. 9. [FORMS.] To make a data request under subdivision 4.14 8, paragraph (b), a member of the juvenile justice system must 4.15 use the following form: 4.16 REQUEST FOR INFORMATION 4.17 Family Educational Rights and Privacy Act/ 4.18 Minnesota Government Data Practices Act 4.19 DATE/TIME OF REQUEST ............................ 4.20 TO: ........................................ 4.21 (Superintendent of school district 4.22 or chief administrative officer of school) 4.23 FROM: ........................................ 4.24 (Requester's name/agency) 4.25 STUDENT: ....................................... 4.26 BASIS FOR REQUEST 4.27 ... Juvenile delinquency investigation/prosecution 4.28 ... Child protection assessment/investigation 4.29 ... Investigation/filing of CHIPS or delinquency 4.30 petition 4.31 REASON FOR REQUEST (requester must describe why information 4.32 regarding existence of the data marked below is necessary to 4.33 effectively serve the student)................................... 4.34 ................................................................. 4.35 ................................................................. 4.36 ................................................................. 4.37 RESPONSE TO REQUEST 4.38 The school must indicate whether it has data on the student 5.1 that document any activity or behavior marked by the requester. 5.2 INFORMATION REQUESTED (mark all that apply) RESPONSE 5.3 Indicate whether you have data 5.4 that document the student's: (yes or no) 5.5 ... use of a controlled substance, alcohol, 5.6 or tobacco .... 5.7 ... assaultive or threatening conduct as defined 5.8 in Minnesota Statutes, section 13.32, 5.9 subdivision 8 .... 5.10 ... possession or use of weapons or look-alike 5.11 weapons .... 5.12 ... theft .... 5.13 ... vandalism and damage to property .... 5.14 CERTIFICATION: The undersigned certifies that the undersigned 5.15 is a member of the juvenile justice system. The requested data 5.16 are needed by the juvenile justice system so it may effectively 5.17 serve, prior to adjudication, the student whose records are 5.18 released. The undersigned will not disclose the information 5.19 received to any other party, except as provided under state law, 5.20 without prior written consent as required by Code of Federal 5.21 Regulations, title 34, section 99.38(b). The undersigned 5.22 further certifies that the undersigned understands that by 5.23 signing this request, the undersigned is subject to the 5.24 penalties in Minnesota Statutes, section 13.09. 5.25 ....................................................... 5.26 Signature/Title 5.27 Sec. 6. Minnesota Statutes 2000, section 13.43, is amended 5.28 by adding a subdivision to read: 5.29 Subd. 15. [DISSEMINATION OF DATA TO LAW ENFORCEMENT.] 5.30 Private personnel data, or data on employees that are 5.31 confidential data under section 13.39, may be disseminated to a 5.32 law enforcement agency for the purpose of reporting a crime or 5.33 alleged crime committed by an employee, or for the purpose of 5.34 assisting law enforcement in the investigation of a crime 5.35 committed or allegedly committed by an employee. 5.36 Sec. 7. Minnesota Statutes 2000, section 13.82, 5.37 subdivision 17, is amended to read: 5.38 Subd. 17. [PROTECTION OF IDENTITIES.] A law enforcement 5.39 agency or a law enforcement dispatching agency working under 6.1 direction of a law enforcement agency shall withhold public 6.2 access to data on individuals to protect the identity of 6.3 individuals in the following circumstances: 6.4 (a) when access to the data would reveal the identity of an 6.5 undercover law enforcement officer, as provided in section 6.6 13.43, subdivision 5; 6.7 (b) when access to the data would reveal the identity of a 6.8 victim or alleged victim of criminal sexual conduct or of a 6.9 violation of section 617.246, subdivision 2; 6.10 (c) when access to the data would reveal the identity of a 6.11 paid or unpaid informant being used by the agency if the agency 6.12 reasonably determines that revealing the identity of the 6.13 informant would threaten the personal safety of the informant; 6.14 (d) when access to the data would reveal the identity of a 6.15 victim of or witness to a crime if the victim or witness 6.16 specifically requests not to be identified publicly, unless the 6.17 agency reasonably determines that revealing the identity of the 6.18 victim or witness would not threaten the personal safety or 6.19 property of the individual; 6.20 (e) when access to the data would reveal the identity of a 6.21 deceased person whose body was unlawfully removed from a 6.22 cemetery in which it was interred; 6.23 (f) when access to the data would reveal the identity of a 6.24 person who placed a call to a 911 system or the identity or 6.25 telephone number of a service subscriber whose phone is used to 6.26 place a call to the 911 system and: (1) the agency determines 6.27 that revealing the identity may threaten the personal safety or 6.28 property of any person; or (2) the object of the call is to 6.29 receive help in a mental health emergency. For the purposes of 6.30 this paragraph, a voice recording of a call placed to the 911 6.31 system is deemed to reveal the identity of the caller; 6.32 (g) when access to the data would reveal the identity of a 6.33 juvenile witness and the agency reasonably determines that the 6.34 subject matter of the investigation justifies protecting the 6.35 identity of the witness; or 6.36 (h) when access to the data would reveal the identity of a 7.1 mandated reporter under sectionssection 609.456, 626.556 and, 7.2 or 626.557. 7.3 Data concerning individuals whose identities are protected 7.4 by this subdivision are private data about those individuals. 7.5 Law enforcement agencies shall establish procedures to acquire 7.6 the data and make the decisions necessary to protect the 7.7 identity of individuals described in clauses (c), (d), (f), and 7.8 (g). 7.9 Sec. 8. Minnesota Statutes 2000, section 120A.22, 7.10 subdivision 7, is amended to read: 7.11 Subd. 7. [EDUCATION RECORDS.] (a) A district from which a 7.12 student is transferring must transmit the student's educational 7.13 records, within ten business days of a request, to the district 7.14 in which the student is enrolling. Districts must make 7.15 reasonable efforts to determine the district in which a 7.16 transferring student is next enrolling in order to comply with 7.17 this subdivision. 7.18 (b) A school district that transmits a student's 7.19 educational records to another school district or other 7.20 educational entity to which the student is transferring must 7.21 include in the transmitted records information about 7.22 disciplinary action taken as a result of any incident in which 7.23 the student possessed or used a dangerous weapon. 7.24 (c) Notwithstanding section 138.17, a principal or chief 7.25 administrative officer must remove from a student's educational 7.26 record and destroy a probable cause notice received under 7.27 section 260B.171, subdivision 5, or paragraph (d), if one year 7.28 has elapsed since the date of the notice and the principal or 7.29 chief administrative officer has not received a disposition or 7.30 court order related to the offense described in the notice. 7.31 This paragraph does not apply if the student no longer attends 7.32 the school when this one-year period expires. 7.33 (d) A principal or chief administrative officer who 7.34 receives a probable cause notice under section 260B.171, 7.35 subdivision 5, or a disposition or court order, must include a 7.36 copy of that data in the student's educational records if they 8.1 are transmitted to another school, unless the data are required 8.2 to be destroyed under paragraph (c) or section 121A.75. 8.3 Sec. 9. Minnesota Statutes 2000, section 121A.75, is 8.4 amended to read: 8.5 121A.75 [RECEIPT OF DISPOSITION ORDERRECORDS; SHARING.] 8.6 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 8.7 section "principal" means a principal or other person having 8.8 general administrative control and supervision of a school. 8.9 (b) For purposes of this section, "school" means a public 8.10 school under section 120A.22, subdivision 4; a nonpublic school 8.11 under section 120A.22, subdivision 4, that elects to comply with 8.12 this section; and a charter school under section 124D.10, but 8.13 does not mean a home school. 8.14 Subd. 2. [DISPOSITION ORDERS.] (a) On receipt of a 8.15 disposition order under section 260B.171, subdivision 3, the 8.16 superintendent of the student's school district or chief 8.17 administrative officer of the student's school must immediately 8.18 transmit the order to the principal of the school where the 8.19 student is in attendance. The principal must place the 8.20 disposition order in the student's permanent education record. 8.21 The principal must also immediately notify any counselor 8.22 directly supervising or reporting on the behavior or progress of 8.23 the student. In addition, the principal must immediately notify 8.24 any teacher or administrator who directly supervises or reports 8.25 on the behavior or progress of the student whom the principal 8.26 believes needs the data to work with the student in an 8.27 appropriate manner, to avoid being needlessly vulnerable, or to 8.28 protect other persons from needless vulnerability. The 8.29 principal may also notify other district employees, substitutes, 8.30 and volunteers who are in direct contact with the student, if 8.31 they determine these individuals need the data to work with the 8.32 student in an appropriate manner, to avoid being needlessly 8.33 vulnerable, or to protect other persons from needless 8.34 vulnerability. When provided in the disposition order, the 8.35 notice given under this paragraph by the principal must identify 8.36 the student, outline the offense, and describe any conditions of 9.1 probation about which the school must provide information. 9.2 (c)(b) Information received under this subdivision is 9.3 private data on individuals as defined in section 13.32 and is 9.4 received for the limited purpose of serving the educational 9.5 needs of the student and protecting students or staff. The data 9.6 may not be further disseminated by the teacher, counselor, staff 9.7 member, administrator, substitute, or volunteer ;, except as 9.8 necessary to serve the student, to protect students or staff, or 9.9 as otherwise required by law, and only to the following persons: 9.10 (1) the student; or 9.11 (2) the student's parent or guardian ;9.12 (3) law enforcement officers; or9.13 (4) the student's probation officer. 9.14 (d)(c) If a student is removed from school as part of the 9.15 disposition order, the superintendent of the student's school 9.16 district or chief administrative officer of the student's school 9.17 must maintain the copy of the order in a secure file and shall 9.18 notify the principal when the student is returned to school. If 9.19 the student is returned to a different school district or 9.20 school, the student's probation officer must send a copy of the 9.21 disposition order to the superintendent of the new school 9.22 district or the chief administrative officer of the new school. 9.23 (e)(d) The disposition order must be included if the 9.24 student's permanent education record is released to another 9.25 school district or educational entity to which the student is 9.26 transferring under section 120A.22, subdivision 7. 9.27 (f)(e) Notwithstanding section 138.17, a disposition order 9.28 received under section 260B.171, subdivision 3, paragraph (a), 9.29 must be destroyed when the student graduates from school or at 9.30 the end of the school year in which the student reaches age 23, 9.31 whichever is earlier. A disposition order received under 9.32 section 260B.171, subdivision 3, paragraph (b), must be 9.33 destroyed when the student is discharged from probation. 9.34 Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) A law 9.35 enforcement agency must transmit the notice required by section 9.36 260B.171, subdivision 5, to the superintendent of the student's 10.1 school district who must immediately transmit the notice to the 10.2 principal of the school the student attends, or to the principal 10.3 of the school the student attends if there is no 10.4 superintendent. The principal must place the notice in the 10.5 student's educational record. The principal must immediately 10.6 notify any teacher, counselor, or administrator directly 10.7 supervising the student who the principal believes needs the 10.8 data to work with the student in an appropriate manner, to avoid 10.9 being needlessly vulnerable, or to protect other persons from 10.10 needless vulnerability. The principal may also notify other 10.11 district employees, substitutes, or volunteers who are in direct 10.12 contact with the student if the principal determines these 10.13 individuals need the data to work with the juvenile in an 10.14 appropriate manner, to avoid being needlessly vulnerable, or to 10.15 protect other persons from needless vulnerability. When 10.16 provided in the peace officer notice, the notice from the 10.17 principal must identify the student and describe the alleged 10.18 offense. 10.19 (b) Data received under this subdivision are private data 10.20 on individuals under section 13.32 and are received for the 10.21 limited purpose of serving the student's educational needs and 10.22 protecting students or staff. The teacher, counselor, staff 10.23 member, administrator, substitute, or volunteer must not further 10.24 disseminate the data, except to communicate with the student or 10.25 the student's parent or guardian as needed to serve the student, 10.26 protect students or staff, or as otherwise required by law. 10.27 (c) The principal must include the notice in the student's 10.28 educational record as required by section 120A.22, subdivision 7. 10.29 (d) If the county attorney determines not to proceed with a 10.30 petition alleging any offense in section 260B.171, subdivision 10.31 3, paragraph (a), clauses (1) to (3), or directs the student 10.32 into a diversion or mediation program, the county attorney must 10.33 notify the superintendent of the student's school district who 10.34 must immediately transmit the notice to the principal of the 10.35 school the student attends, or to the principal of the school 10.36 that the student attends if there is no superintendent. The 11.1 notice must contain the name of the student and a summary of the 11.2 resolution of the case. Notwithstanding section 138.17, the 11.3 principal must delete the peace officer's report and notice from 11.4 the student's educational record and destroy the data and make 11.5 reasonable efforts to notify any teacher, counselor, staff 11.6 member, administrator, substitute, or volunteer who received 11.7 data from the peace officer notice. 11.8 (e) If the juvenile court makes a decision on a petition 11.9 that alleges any offense in section 260B.171, subdivision 3, 11.10 paragraph (a), clauses (1) to (3), and the decision affects a 11.11 student and is not a disposition order, the court must notify 11.12 the superintendent of the student's school district who must 11.13 immediately transmit the notice to the principal of the school 11.14 the student attends, or to the principal of the school that the 11.15 student attends if there is no superintendent, of the decision. 11.16 Notwithstanding section 138.17, the principal must delete the 11.17 peace officer's report and notice from the student's educational 11.18 record and destroy the data and make reasonable efforts to 11.19 notify any teacher, counselor, staff member, administrator, 11.20 substitute, or volunteer who received data from the peace 11.21 officer notice. 11.22 (f) In addition to the data destruction requirements of 11.23 this subdivision, a principal must comply with the requirements 11.24 of section 120A.22, subdivision 7. 11.25 Sec. 10. Minnesota Statutes 2001 Supplement, section 11.26 124D.10, subdivision 8, is amended to read: 11.27 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter 11.28 school shall meet all applicable state and local health and 11.29 safety requirements. 11.30 (b) A school sponsored by a school board may be located in 11.31 any district, unless the school board of the district of the 11.32 proposed location disapproves by written resolution. 11.33 (c) A charter school must be nonsectarian in its programs, 11.34 admission policies, employment practices, and all other 11.35 operations. A sponsor may not authorize a charter school or 11.36 program that is affiliated with a nonpublic sectarian school or 12.1 a religious institution. 12.2 (d) Charter schools must not be used as a method of 12.3 providing education or generating revenue for students who are 12.4 being home-schooled. 12.5 (e) The primary focus of a charter school must be to 12.6 provide a comprehensive program of instruction for at least one 12.7 grade or age group from five through 18 years of age. 12.8 Instruction may be provided to people younger than five years 12.9 and older than 18 years of age. 12.10 (f) A charter school may not charge tuition. 12.11 (g) A charter school is subject to and must comply with 12.12 chapter 363 and section 121A.04. 12.13 (h) A charter school is subject to and must comply with the 12.14 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 12.15 Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 12.16 (i) A charter school is subject to the same financial 12.17 audits, audit procedures, and audit requirements as a district. 12.18 Audits must be conducted in compliance with generally accepted 12.19 governmental auditing standards, the Federal Single Audit Act, 12.20 if applicable, and section 6.65. A charter school is subject to 12.21 and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 12.22 118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 12.23 471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 12.24 4, 5, 6, 12, 13, and 15; 471.881; and 471.89. The audit must 12.25 comply with the requirements of sections 123B.75 to 123B.83, 12.26 except to the extent deviations are necessary because of the 12.27 program at the school. Deviations must be approved by the 12.28 commissioner. The department of children, families, and 12.29 learning, state auditor, or legislative auditor may conduct 12.30 financial, program, or compliance audits. A charter school 12.31 determined to be in statutory operating debt under sections 12.32 123B.81 to 123B.83 must submit a plan under section 123B.81, 12.33 subdivision 4. 12.34 (j) A charter school is a district for the purposes of tort 12.35 liability under chapter 466. 12.36 (k) A charter school must comply with sections 13.32; 13.1 120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 13.2 and 5. 13.3 Sec. 11. Minnesota Statutes 2000, section 260B.171, 13.4 subdivision 3, is amended to read: 13.5 Subd. 3. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 13.6 juvenile is enrolled in school, the juvenile's probation officer 13.7 shall transmit a copy of the court's disposition order to the 13.8 superintendent of the juvenile's school district or the chief 13.9 administrative officer of the juvenile's school if the juvenile 13.10 has been adjudicated delinquent for committing an act on the 13.11 school's property or an act: 13.12 (1) that would be a violation of section 609.185 13.13 (first-degree murder); 609.19 (second-degree murder); 609.195 13.14 (third-degree murder); 609.20 (first-degree manslaughter); 13.15 609.205 (second-degree manslaughter); 609.21 (criminal vehicular 13.16 homicide and injury); 609.221 (first-degree assault); 609.222 13.17 (second-degree assault); 609.223 (third-degree assault); 13.18 609.2231 (fourth-degree assault); 609.224 (fifth-degree 13.19 assault); 609.2242 (domestic assault); 609.24 (simple robbery); 13.20 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 13.21 (false imprisonment); 609.342 (first-degree criminal sexual 13.22 conduct); 609.343 (second-degree criminal sexual conduct); 13.23 609.344 (third-degree criminal sexual conduct); 609.345 13.24 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 13.25 criminal sexual conduct); 609.498 (tampering with a witness); 13.26 609.561 (first-degree arson); 609.582, subdivision 1 or 2 13.27 (burglary); 609.713 (terroristic threats); or 609.749 13.28 (harassment and stalking), if committed by an adult; 13.29 (2) that would be a violation of section 152.021 13.30 (first-degree controlled substance crime); 152.022 13.31 (second-degree controlled substance crime); 152.023 13.32 (third-degree controlled substance crime); 152.024 13.33 (fourth-degree controlled substance crime); 152.025 13.34 (fifth-degree controlled substance crime); 152.0261 (importing a 13.35 controlled substance); or 152.027 (other controlled substance 13.36 offenses), if committed by an adult; or 14.1 (3) that involved the possession or use of a dangerous 14.2 weapon as defined in section 609.02, subdivision 6. 14.3 When a disposition order is transmitted under this 14.4 subdivision, the probation officer shall notify the juvenile's 14.5 parent or legal guardian that the disposition order has been 14.6 shared with the juvenile's school. 14.7 (b) In addition, the juvenile's probation officer may 14.8 transmit a copy of the court's disposition order to the 14.9 superintendent of the juvenile's school district or the chief 14.10 administrative officer of the juvenile's school if the juvenile 14.11 has been adjudicated delinquent for offenses not listed in 14.12 paragraph (a) and placed on probation. The probation officer 14.13 shall notify the superintendent or chief administrative officer 14.14 when the juvenile is discharged from probation. 14.15 (c) The disposition order must be accompanied by a notice 14.16 to the school that the school may obtain additional information 14.17 from the juvenile's probation officer with the consent of the 14.18 juvenile or the juvenile's parents, as applicable. The 14.19 disposition order must be maintained, shared, or released only 14.20 as provided in section 121A.07121A.75. 14.21 (d) The juvenile's probation officer shall maintain a 14.22 record of disposition orders released under this subdivision and 14.23 the basis for the release. 14.24 (e) No later than September 1, 2002, the criminal and 14.25 juvenile justice information policy group, in consultation with 14.26 representatives of probation officers and educators, shall 14.27 prepare standard forms for use by juvenile probation officers in 14.28 forwarding information to schools under this subdivision and in 14.29 maintaining a record of the information that is released. The 14.30 group shall provide a copy of any forms or procedures developed 14.31 under this paragraph to the legislature by January 15, 2003. 14.32 (f) As used in this subdivision, "school" means a charter 14.33 school or a school as defined in section 120A.22, subdivision 4, 14.34 except a home school. 14.35 Sec. 12. Minnesota Statutes 2000, section 260B.171, 14.36 subdivision 5, is amended to read: 15.1 Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 15.2 for records relating to an offense where proceedings are public 15.3 under section 260B.163, subdivision 1, peace officers' records 15.4 of children who are or may be delinquent or who may be engaged 15.5 in criminal acts shall be kept separate from records of persons 15.6 18 years of age or older and are private data but shall be 15.7 disseminated: (1) by order of the juvenile court, (2) as 15.8 required by section 121A.28, (3) as authorized under section 15.9 13.82, subdivision 2, (4) to the child or the child's parent or 15.10 guardian unless disclosure of a record would interfere with an 15.11 ongoing investigation, (5) to the Minnesota crime victims 15.12 reparations board as required by section 611A.56, subdivision 2, 15.13 clause (f), for the purpose of processing claims for crime 15.14 victims reparations, or (6) as otherwise provided in this 15.15 subdivision. Except as provided in paragraph (c), no 15.16 photographs of a child taken into custody may be taken without 15.17 the consent of the juvenile court unless the child is alleged to 15.18 have violated section 169A.20. Peace officers' records 15.19 containing data about children who are victims of crimes or 15.20 witnesses to crimes must be administered consistent with section 15.21 13.82, subdivisions 2, 3, 4, and 10. Any person violating any 15.22 of the provisions of this subdivision shall be guilty of a 15.23 misdemeanor. 15.24 In the case of computerized records maintained about 15.25 juveniles by peace officers, the requirement of this subdivision 15.26 that records about juveniles must be kept separate from adult 15.27 records does not mean that a law enforcement agency must keep 15.28 its records concerning juveniles on a separate computer system. 15.29 Law enforcement agencies may keep juvenile records on the same 15.30 computer as adult records and may use a common index to access 15.31 both juvenile and adult records so long as the agency has in 15.32 place procedures that keep juvenile records in a separate place 15.33 in computer storage and that comply with the special data 15.34 retention and other requirements associated with protecting data 15.35 on juveniles. 15.36 (b) Nothing in this subdivision prohibits the exchange of 16.1 information by law enforcement agencies if the exchanged 16.2 information is pertinent and necessary for law enforcement 16.3 purposes. 16.4 (c) A photograph may be taken of a child taken into custody 16.5 pursuant to section 260B.175, subdivision 1, clause (b), 16.6 provided that the photograph must be destroyed when the child 16.7 reaches the age of 19 years. The commissioner of corrections 16.8 may photograph juveniles whose legal custody is transferred to 16.9 the commissioner. Photographs of juveniles authorized by this 16.10 paragraph may be used only for institution management purposes, 16.11 case supervision by parole agents, and to assist law enforcement 16.12 agencies to apprehend juvenile offenders. The commissioner 16.13 shall maintain photographs of juveniles in the same manner as 16.14 juvenile court records and names under this section. 16.15 (d) Traffic investigation reports are open to inspection by 16.16 a person who has sustained physical harm or economic loss as a 16.17 result of the traffic accident. Identifying information on 16.18 juveniles who are parties to traffic accidents may be disclosed 16.19 as authorized under section 13.82, subdivision 4, and accident 16.20 reports required under section 169.09 may be released under 16.21 section 169.09, subdivision 13, unless the information would 16.22 identify a juvenile who was taken into custody or who is 16.23 suspected of committing an offense that would be a crime if 16.24 committed by an adult, or would associate a juvenile with the 16.25 offense, and the offense is not an adult court traffic offense 16.26 under section 260B.225. 16.27 (e) The head of a law enforcement agency or a person 16.28 specifically given the duty by the head of the law enforcement 16.29 agency shall notify the principalsuperintendent or chief 16.30 administrative officer of a juvenile's school of an incident 16.31 occurring within the agency's jurisdiction if: 16.32 (1) the agency has probable cause to believe that the 16.33 juvenile has committed an offense that would be a crime if 16.34 committed as an adult, that the victim of the offense is a 16.35 student or staff member of the school, and that notice to the 16.36 school is reasonably necessary for the protection of the victim; 17.1 or 17.2 (2) the agency has probable cause to believe that the 17.3 juvenile has committed an offense described in subdivision 3, 17.4 paragraph (a), clauses (1) to (3), that would be a crime if 17.5 committed by an adult, regardless of whether the victim is a 17.6 student or staff member of the school. 17.7 A law enforcement agency is not required to notify the 17.8 school under this paragraph if the agency determines that notice 17.9 would jeopardize an ongoing investigation. Notwithstanding17.10 section 138.17, data from a notice received from a law17.11 enforcement agency under this paragraph must be destroyed when17.12 the juvenile graduates from the school or at the end of the17.13 academic year when the juvenile reaches age 23, whichever date17.14 is earlier.For purposes of this paragraph, "school" means a 17.15 public or private elementary, middle, orsecondary, or charter 17.16 school. 17.17 (f) In any county in which the county attorney operates or 17.18 authorizes the operation of a juvenile prepetition or pretrial 17.19 diversion program, a law enforcement agency or county attorney's 17.20 office may provide the juvenile diversion program with data 17.21 concerning a juvenile who is a participant in or is being 17.22 considered for participation in the program. 17.23 (g) Upon request of a local social services agency, peace 17.24 officer records of children who are or may be delinquent or who 17.25 may be engaged in criminal acts may be disseminated to the 17.26 agency to promote the best interests of the subject of the data. 17.27 (h) Upon written request, the prosecuting authority shall 17.28 release investigative data collected by a law enforcement agency 17.29 to the victim of a criminal act or alleged criminal act or to 17.30 the victim's legal representative, except as otherwise provided 17.31 by this paragraph. Data shall not be released if: 17.32 (1) the release to the individual subject of the data would 17.33 be prohibited under section 13.821; or 17.34 (2) the prosecuting authority reasonably believes: 17.35 (i) that the release of that data will interfere with the 17.36 investigation; or 18.1 (ii) that the request is prompted by a desire on the part 18.2 of the requester to engage in unlawful activities. 18.3 Sec. 13. Minnesota Statutes 2000, section 609.415, 18.4 subdivision 1, is amended to read: 18.5 Subdivision 1. [DEFINITIONS.] As used in sections 609.415 18.6 to 609.465, and 609.515, 18.7 (1) "Public officer" means: 18.8 (a) an executive or administrative officer of the state or 18.9 of a county, municipality or other subdivision or agency of the 18.10 state; 18.11 (b) a member of the legislature or of a governing board of 18.12 a county, municipality, or other subdivision of the state, or 18.13 other governmental instrumentality within the state; 18.14 (c) a judicial officer; 18.15 (d) a hearing officer; 18.16 (e) a law enforcement officer; or 18.17 (f) any other person exercising the functions of a public 18.18 officer. 18.19 (2) "Public employee" means a person employed by or acting 18.20 for the state or a county, municipality, or other subdivision or 18.21 governmental instrumentality of the state for the purpose of 18.22 exercising their respective powers and performing their 18.23 respective duties, and who is not a public officer. Public 18.24 employee includes a member of a charter commission. 18.25 (3) "Judicial officer" means a judge, court commissioner, 18.26 referee, or any other person appointed by a judge or court to 18.27 hear or determine a cause or controversy. 18.28 (4) "Hearing officer" means any person authorized by law or 18.29 private agreement to hear or determine a cause or controversy 18.30 who is not a judicial officer. 18.31 (5) "Political subdivision" means a county, town, statutory 18.32 or home rule charter city, school district, special service 18.33 district, or other municipal corporation of the state of 18.34 Minnesota. 18.35 Sec. 14. Minnesota Statutes 2000, section 609.456, 18.36 subdivision 1, is amended to read: 19.1 Subdivision 1. [STATE AUDITOR.] Whenever a public employee 19.2 or public officer of a political subdivision or charter 19.3 commission discovers evidence of theft, embezzlement, or19.4 unlawful use of public funds or property, or misuse of public 19.5 funds by a charter commission or any person authorized to expend 19.6 public funds, the employee or elected officialofficer shall ,19.7 except when to do so would knowingly impede or otherwise19.8 interfere with an ongoing criminal investigation,promptly 19.9 report to law enforcement and shall promptly report in writing 19.10 to the state auditor a detailed description of the alleged 19.11 incident or incidents. Notwithstanding chapter 13 or any other 19.12 statute related to the classification of government data, the 19.13 public employee or public officer shall provide data or 19.14 information related to the alleged incident or incidents to the 19.15 state auditor and law enforcement, including data classified as 19.16 not public.