HF 3370

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/29/2018 04:19pm

A bill for an act
relating to education; requiring threat assessment teams and oversight committees;
providing access to criminal history records and health records; allowing
educational data sharing with school threat assessment teams; appropriating money;
amending Minnesota Statutes 2016, section 13.32, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by section 626.556. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings new text begin ; or
new text end

new text begin (r) to a member of a school threat assessment team under section 121A.0351 new text end .

Sec. 2.

new text begin [121A.0351] SCHOOL THREAT ASSESSMENT TEAM AND OVERSIGHT
COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin School threat assessment team; membership. new text end

new text begin A school district must
establish a threat assessment team for every school within the district. One threat assessment
team may serve one or more schools as determined by the school district. The threat
assessment team membership must include individuals with expertise in counseling, mental
health, kindergarten through grade 12 instruction, school administration, and law
enforcement. The membership may include the juvenile prosecutor whose jurisdiction
includes the area within the school district.
new text end

new text begin Subd. 2. new text end

new text begin Threat assessment team; duties. new text end

new text begin (a) The threat assessment team is responsible
for the assessment of and intervention with individuals whose behavior may pose a threat
to the safety of school staff or students. The team must establish a process for referrals to
community services or health care providers for evaluation or treatment, where appropriate.
new text end

new text begin (b) A threat assessment team must:
new text end

new text begin (1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self;
new text end

new text begin (2) identify members of the school community to whom threatening behavior should be
reported; and
new text end

new text begin (3) implement threat assessment policies adopted by the school board.
new text end

new text begin Subd. 3. new text end

new text begin Report to superintendent; records. new text end

new text begin (a) Upon a preliminary determination that
an individual poses a threat of violence or physical harm to self or others, a threat assessment
team shall immediately report its determination to the superintendent or the superintendent's
designee. The superintendent or the superintendent's designee shall immediately attempt to
notify the individual's parent or guardian. Upon a preliminary determination by the threat
assessment team that an individual poses a threat of violence to self or others or exhibits
significantly disruptive behavior or need for assistance, the team may obtain criminal history
record information and health records. Health records are limited to those records retained
by the school or school district. A member of the threat assessment team must not disclose
any criminal history record information or health information obtained pursuant to this
section or use any record of an individual beyond the purpose for which the disclosure was
made to the threat assessment team.
new text end

new text begin (b) Nothing in this subdivision shall preclude school personnel from acting immediately
to address an imminent threat. A school threat assessment team must annually report summary
data on its activities to the superintendent.
new text end

new text begin Subd. 4. new text end

new text begin Oversight committee; membership. new text end

new text begin The school district may establish a
committee charged with oversight of the threat assessment teams within the district.
Membership of the oversight committee must include individuals with expertise in human
resources, education, school administration, mental health, and law enforcement.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $850,000 in fiscal year 2019 is appropriated from the general fund to the commissioner
of education for threat assessment teams and oversight committees under Minnesota Statutes,
section 121A.0351.
new text end