HF 2969

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; permitting special education 
  1.3             data to be recorded in an electronic format; amending 
  1.4             Minnesota Statutes 2000, section 13.32, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 13.32, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.9      (a) "Educational data" means data on individuals maintained 
  1.10  by a public educational agency or institution or by a person 
  1.11  acting for the agency or institution which relates to a student. 
  1.12     Records of instructional personnel which are in the sole 
  1.13  possession of the maker thereof and are not accessible or 
  1.14  revealed to any other individual except a substitute teacher, 
  1.15  and are destroyed at the end of the school year, shall not be 
  1.16  deemed to be government data.  
  1.17     Records of a law enforcement unit of a public educational 
  1.18  agency or institution which are maintained apart from education 
  1.19  data and are maintained solely for law enforcement purposes, and 
  1.20  are not disclosed to individuals other than law enforcement 
  1.21  officials of the jurisdiction are not educational data; 
  1.22  provided, that education records maintained by the educational 
  1.23  agency or institution are not disclosed to the personnel of the 
  1.24  law enforcement unit.  The University of Minnesota police 
  1.25  department is a law enforcement agency for purposes of section 
  2.1   13.82 and other sections of Minnesota Statutes dealing with law 
  2.2   enforcement records.  Records of organizations providing 
  2.3   security services to a public educational agency or institution 
  2.4   must be administered consistent with section 13.861. 
  2.5      Records relating to a student who is employed by a public 
  2.6   educational agency or institution which are made and maintained 
  2.7   in the normal course of business, relate exclusively to the 
  2.8   individual in that individual's capacity as an employee, and are 
  2.9   not available for use for any other purpose are classified 
  2.10  pursuant to section 13.43.  
  2.11     Records of special education data may be recorded in an 
  2.12  electronic format, consistent with all data-related requirements 
  2.13  governing education records. 
  2.14     (b) "Juvenile justice system" includes criminal justice 
  2.15  agencies and the judiciary when involved in juvenile justice 
  2.16  activities. 
  2.17     (c) "Student" means an individual currently or formerly 
  2.18  enrolled or registered, applicants for enrollment or 
  2.19  registration at a public educational agency or institution, or 
  2.20  individuals who receive shared time educational services from a 
  2.21  public agency or institution. 
  2.22     (d) "Substitute teacher" means an individual who performs 
  2.23  on a temporary basis the duties of the individual who made the 
  2.24  record, but does not include an individual who permanently 
  2.25  succeeds to the position of the maker of the record.