HF 3386

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:27am

A bill for an act
relating to education; establishing an ombudsman for school safety; amending
Minnesota Statutes 2018, section 13.321, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 127A.

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

Section 1.

Minnesota Statutes 2018, section 13.321, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Ombudsman for school safety. new text end

new text begin Access to educational data that is required
to fulfill the ombudsman's duties is governed by section 127A.92.
new text end

Sec. 2.

new text begin [127A.90] OFFICE OF THE OMBUDSMAN FOR SCHOOL SAFETY.
new text end

new text begin The ombudsman for school safety serves in the classified service under section 256.01,
subdivision 7, in an office within the Department of Education. The office is a distinct entity,
separately identifiable from other state agencies, and must neither be an agency engaged in
the provision of educational services either directly or by contract nor have responsibility
for coordinating, funding, or administering educational services to students.
new text end

Sec. 3.

new text begin [127A.91] DUTIES AND POWERS OF THE OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The Office of the Ombudsman for School Safety must:
new text end

new text begin (1) gather information about and evaluate any act, practice, policy, procedure, or
administrative action of a school district employee or student that may adversely affect the
health or safety of a school district employee or student;
new text end

new text begin (2) mediate disputes regarding the safety of school district employees or students in
accordance with subdivision 2;
new text end

new text begin (3) monitor the development and implementation of federal, state, or local laws, rules,
regulations, and policies affecting the safety of school district employees or students;
new text end

new text begin (4) comment on and recommend to public agencies regarding laws, rules, regulations,
and policies affecting the safety of school district employees or students;
new text end

new text begin (5) inform school districts about school safety concerns and provide training in accordance
with subdivision 8;
new text end

new text begin (6) provide for the training of volunteers and promote the development of citizen
participation in the work of the office;
new text end

new text begin (7) conduct public forums to obtain information about and publicize issues affecting the
safety of school district employees or students;
new text end

new text begin (8) provide public education regarding the health and safety of school district employees
or students; and
new text end

new text begin (9) collect and analyze data relating to complaints and conditions.
new text end

new text begin Subd. 2. new text end

new text begin Mediation. new text end

new text begin The Office of the Ombudsman for School Safety must employ
trained mediators who must not engage in advocacy or other activities that may compromise
the impartiality of the mediator. Mediation under this section must be conducted in
accordance with sections 572.31 to 572.40.
new text end

new text begin Subd. 3. new text end

new text begin Representatives of the office. new text end

new text begin (a) In designating a representative of the office
to perform duties under this section, the ombudsman must determine that the individual is
qualified to perform the duties required by this section.
new text end

new text begin (b) A representative of the office designated as a regional ombudsman must successfully
complete an orientation training conducted under the direction of the ombudsman or approved
by the ombudsman, including training in investigation, dispute resolution, confidentiality
and data privacy, and applicable student discipline laws and rules.
new text end

new text begin (c) The ombudsman must develop and implement a continuing education program for
representatives of the office designated as regional ombudsmen under this section who must
complete annual training.
new text end

new text begin (d) A representative of the office designated as a certified ombudsman volunteer under
this section must successfully complete an approved orientation training course with a
minimum curriculum including federal and state laws, regulations, and rules relating to
student discipline, data privacy, and teachers' rights.
new text end

new text begin (e) The ombudsman must develop and implement a continuing education program for
certified ombudsman volunteers.
new text end

new text begin (f) The ombudsman may withdraw a representative's designation if the representative
fails to perform duties of this section or meet continuing education requirements.
new text end

new text begin Subd. 4. new text end

new text begin Immunity from liability. new text end

new text begin The ombudsman and representatives of the office
are immune from civil liability that otherwise might result from the person's actions or
omissions if the person's actions are in good faith, are within the scope of the person's
responsibilities as an ombudsman or designee, and do not constitute willful or reckless
misconduct.
new text end

new text begin Subd. 5. new text end

new text begin Posting. new text end

new text begin A school district must post in a conspicuous place the address and
telephone number of the office. The posting or notice is subject to approval by the
ombudsman.
new text end

new text begin Subd. 6. new text end

new text begin Access to school facilities and data. new text end

new text begin (a) The ombudsman or designee may:
new text end

new text begin (1) enter a school district or school site without notice during regular school hours;
new text end

new text begin (2) enter a school district or school site to interview a school district employee as part
of an investigation of a matter that is within the scope of the ombudsman's authority, but
only if the ombudsman's presence does not interfere with educational services provided to
students at the school site;
new text end

new text begin (3) communicate privately and without restriction with any school district employee;
new text end

new text begin (4) inspect personnel data maintained by the school district that pertain to a matter within
the scope of the ombudsman's authority; and
new text end

new text begin (5) with the consent of a student or student's parent or guardian, the ombudsman or
designated staff may review educational data of a student maintained by a school district.
new text end

new text begin (b) A person who denies access to the ombudsman or designee in violation of this
subdivision or aids, abets, invites, compels, or coerces another to do so is guilty of a
misdemeanor.
new text end

new text begin Subd. 7. new text end

new text begin Prohibition against discrimination or retaliation. new text end

new text begin (a) No entity may take
discriminatory, disciplinary, or retaliatory action against the ombudsman, a representative
of the office, or any person who files in good faith a complaint with or provides information
to the ombudsman or a representative of the office. A person who violates this subdivision
or who aids, abets, invites, compels, or coerces another to do so is guilty of a misdemeanor.
new text end

new text begin (b) There is a rebuttable presumption that an adverse employment action against a school
district employee within 90 days of the employee making a report to the ombudsman is
retaliatory.
new text end

new text begin Subd. 8. new text end

new text begin Training. new text end

new text begin The ombudsman must provide the following training:
new text end

new text begin (1) training for school safety and human resources staff on dangers to teachers;
new text end

new text begin (2) training for teachers on legal issues affecting teacher safety;
new text end

new text begin (3) training for teachers and other school employees, parents, and students on discipline,
discrimination, harassment, and violence in schools; and
new text end

new text begin (4) continuing education credits that teachers may use to fulfill a license renewal
requirement in accordance with renewal requirements under section 122A.187 and rules
adopted by the Professional Educator Licensing and Standards Board.
new text end

Sec. 4.

new text begin [127A.92] OFFICE DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Classification. new text end

new text begin Except as provided in this section, data maintained by
the Office of the Ombudsman for School Safety under sections 127A.90 to 127A.92 are
private data on individuals or nonpublic data as defined in section 13.02, subdivision 9 or
12.
new text end

new text begin Subd. 2. new text end

new text begin Release. new text end

new text begin Data maintained by the office that does not relate to the identity of a
complainant, student, or school district or charter school employee may be released at the
discretion of the ombudsman responsible for maintaining the data. Data relating to the
identity of a complainant, student, or school district or charter school employee may be
released only with the consent of the complainant, student or parent or guardian of the
student, or employee, or by court order.
new text end