SF 357

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

  1.1                          A bill for an act 
  1.2             relating to government data; providing for 
  1.3             classification and dissemination of educational data; 
  1.4             amending Minnesota Statutes 2000, sections 13.32, 
  1.5             subdivisions 1, 7, 8, and by adding a subdivision; 
  1.6             121A.75; 124D.10, subdivision 8; and 260B.171, 
  1.7             subdivisions 3, 5, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 13.32, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.12     (a) "Educational data" means data on individuals maintained 
  1.13  by a public educational agency or institution or by a person 
  1.14  acting for the agency or institution which relates to a student. 
  1.15     Records of instructional personnel which are in the sole 
  1.16  possession of the maker thereof and are not accessible or 
  1.17  revealed to any other individual except a substitute teacher, 
  1.18  and are destroyed at the end of the school year, shall not be 
  1.19  deemed to be government data.  
  1.20     Records of a law enforcement unit of a public educational 
  1.21  agency or institution which are maintained apart from education 
  1.22  data and are maintained solely for law enforcement purposes, and 
  1.23  are not disclosed to individuals other than law enforcement 
  1.24  officials of the jurisdiction are not educational data; 
  1.25  provided, that education records maintained by the educational 
  1.26  agency or institution are not disclosed to the personnel of the 
  2.1   law enforcement unit.  The University of Minnesota police 
  2.2   department is a law enforcement agency for purposes of section 
  2.3   13.82 and other sections of Minnesota Statutes dealing with law 
  2.4   enforcement records.  Records of organizations providing 
  2.5   security services to a public educational agency or institution 
  2.6   must be administered consistent with section 13.861. 
  2.7      Records relating to a student who is employed by a public 
  2.8   educational agency or institution which are made and maintained 
  2.9   in the normal course of business, relate exclusively to the 
  2.10  individual in that individual's capacity as an employee, and are 
  2.11  not available for use for any other purpose are classified 
  2.12  pursuant to section 13.43.  
  2.13     (b) "Gang activity" means the school has documented that 
  2.14  the student exhibits at least three of the following gang 
  2.15  identification criteria that have been developed by the criminal 
  2.16  gang oversight council under section 299A.64, subdivision 2: 
  2.17     (1) admits gang membership or association; 
  2.18     (2) is observed to associate on a regular basis with known 
  2.19  gang members; 
  2.20     (3) has tattoos indicating gang membership; 
  2.21     (4) wears gang symbols to identify with a specific gang; 
  2.22     (5) appears in a photograph with known gang members or 
  2.23  appears in a photograph using gang related handsigns; 
  2.24     (6) is named in a gang document, target list, or in gang 
  2.25  related graffiti; 
  2.26     (7) is identified as a gang member by a reliable source 
  2.27  where the reliability of the source is described; 
  2.28     (8) is arrested or detained in the company of identified 
  2.29  gang members or their associates; 
  2.30     (9) corresponds with known gang members or creates or 
  2.31  receives correspondence about gang activities; and 
  2.32     (10) writes gang graffiti on walls, books, or paper.  
  2.33     (c) "Juvenile justice system" includes criminal justice 
  2.34  agencies and the judiciary when involved in juvenile justice 
  2.35  activities. means (i) a judge of the juvenile court; (ii) 
  2.36  members of court services staff as described in section 13.84, 
  3.1   subdivision 1; (iii) the parties to the juvenile court 
  3.2   proceedings and their attorneys; (iv) any individual or public 
  3.3   or private agency having custody of the child pursuant to court 
  3.4   order; (v) any individual or public or private agency providing 
  3.5   education, medical, social, child protection, or mental health 
  3.6   service to the child; (vi) any potential placement provider 
  3.7   under consideration by the juvenile justice system to serve the 
  3.8   child; (vii) law enforcement officers; and (viii) individuals 
  3.9   designated by the court to perform studies or other duties. 
  3.10     (c) (d) "Student" means an individual currently or formerly 
  3.11  enrolled or registered, applicants for enrollment or 
  3.12  registration at a public educational agency or institution, or 
  3.13  individuals who receive shared time educational services from a 
  3.14  public agency or institution. 
  3.15     (d) (e) "Substitute teacher" means an individual who 
  3.16  performs on a temporary basis the duties of the individual who 
  3.17  made the record, but does not include an individual who 
  3.18  permanently succeeds to the position of the maker of the record. 
  3.19     Sec. 2.  Minnesota Statutes 2000, section 13.32, 
  3.20  subdivision 7, is amended to read: 
  3.21     Subd. 7.  [USES OF DATA.] School officials who receive data 
  3.22  on juveniles, as authorized under sections section 260B.171 and 
  3.23  260C.171, may use and share that data within the school district 
  3.24  or educational entity as necessary to protect persons and 
  3.25  property or to address the educational and other needs of 
  3.26  students as provided in section 121A.75.  A school district, its 
  3.27  agents, and employees who use and share this data in good faith 
  3.28  are immune from civil or criminal liability that might otherwise 
  3.29  result from their actions. 
  3.30     Sec. 3.  Minnesota Statutes 2000, section 13.32, 
  3.31  subdivision 8, is amended to read: 
  3.32     Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a)  Upon 
  3.33  request, the following education data shall be disclosed 
  3.34  under The legislature has determined that the data listed in 
  3.35  this subdivision will effectively serve, prior to adjudication, 
  3.36  the needs of the student whose records are released under 
  4.1   subdivision 3, clause (i),.  A school is required to provide to 
  4.2   the juvenile justice system all the data requested from the 
  4.3   following list that the school maintains in its records:  
  4.4      (1) a student's full name, home address, telephone number, 
  4.5   and date of birth; 
  4.6      (2) a student's school schedule, attendance record, and 
  4.7   photographs, if any; and 
  4.8      (3) language, other than English, used at home by the 
  4.9   student; 
  4.10     (4) receipt of medication by the student at school as 
  4.11  provided in section 121A.22; 
  4.12     (5) the student's participation in an individual education 
  4.13  program under Code of Federal Regulations, title 34, sections 
  4.14  300.500 to 300.529, if the student has been accused of 
  4.15  committing a crime; 
  4.16     (6) any designated directory information not included in 
  4.17  this list, notwithstanding parental objection to disclosure; and 
  4.18     (7) the student's parents' names, home addresses, and 
  4.19  telephone numbers.  
  4.20     (b) In addition, the following data on behavior by a 
  4.21  student who is on probation may be disclosed a school shall also 
  4.22  disclose, under subdivision 3, clause (i) or (1), to the 
  4.23  juvenile justice system, data relating to the student's: 
  4.24     (1) use of a controlled substance, alcohol, or tobacco; 
  4.25     (2) assaultive or threatening conduct that could result in 
  4.26  dismissal from school under section 121A.45, subdivision 2, 
  4.27  clause (b) or (c); 
  4.28     (3) possession or use of weapons or look-alike weapons; 
  4.29     (4) participation in gang activity as defined by the 
  4.30  criminal gang oversight council under section 299A.64, in 
  4.31  subdivision 2, paragraph (b) 1; 
  4.32     (5) theft; or 
  4.33     (6) vandalism or other damage to property. 
  4.34     (c) A member of the juvenile justice system may request 
  4.35  additional data from the school. 
  4.36     (d) Any request for access to data under this paragraph 
  5.1   subdivision must contain a description of the requested data and 
  5.2   an explanation of why access to the student's data is necessary 
  5.3   to effectively serve the student or to protect students or 
  5.4   staff.  If the school keeps the requested data and has received 
  5.5   an explanation from a member of the juvenile justice system of 
  5.6   why the data are necessary to effectively serve the needs of the 
  5.7   student whose records are to be released, the school must 
  5.8   provide the data.  
  5.9      (e) Nothing in this subdivision requires a school to create 
  5.10  the educational data listed in this subdivision.  A school is 
  5.11  not required to provide educational data if the data are 
  5.12  protected by a court order.  A school must respond to a request 
  5.13  for data within ten days but must respond sooner if the 
  5.14  requester provides a reasonable explanation of why less time to 
  5.15  respond is necessary.  
  5.16     (c) (f) A superintendent of a school district or chief 
  5.17  administrative officer of a school who discloses information 
  5.18  about a student to the juvenile justice system under this 
  5.19  paragraph shall, to the extent permitted by federal law, notify 
  5.20  the student's parent or guardian of the disclosure. 
  5.21     (d) (g) Nothing in this subdivision shall limit the 
  5.22  disclosure of educational data pursuant to court order. 
  5.23     (h) A school that provides data under this subdivision is 
  5.24  not liable for compensatory or exemplary damages or awards of 
  5.25  attorney's fees in actions under section 13.08 or under any 
  5.26  other law, or for a penalty under section 13.09.  
  5.27     (i) If educational data are shared under this subdivision, 
  5.28  the shared data have the same classification in the hands of a 
  5.29  juvenile justice system member who is subject to chapter 13 as 
  5.30  it had in the hands of the school and shall be private and 
  5.31  confidential data in the hands of a member who is not subject to 
  5.32  chapter 13. 
  5.33     (j) Any member of the juvenile justice system who falsely 
  5.34  certifies a request for data under this section is subject to 
  5.35  the penalties provided in section 13.09. 
  5.36     Sec. 4.  Minnesota Statutes 2000, section 13.32, is amended 
  6.1   by adding a subdivision to read: 
  6.2      Subd. 9.  [FORMS.] To make a data request pursuant to 
  6.3   subdivision 8, a juvenile justice system agency must use the 
  6.4   following form: 
  6.5                      REQUEST FOR INFORMATION 
  6.6            Family Educational Rights and Privacy Act/ 
  6.7              Minnesota Government Data Practices Act 
  6.8   DATE/TIME OF REQUEST ............................ 
  6.9   TO:      ........................................ 
  6.10           (Superintendent of school district) 
  6.11  FROM:    ........................................ 
  6.12           (Requester's name/agency) 
  6.13  STUDENT:  ....................................... 
  6.14  BASIS FOR REQUEST 
  6.15   ... Juvenile delinquency investigation/prosecution 
  6.16   ... Child protection assessment/investigation 
  6.17   ... Investigation/filing of CHIPS or delinquency 
  6.18       petition 
  6.19  The school must provide all data requested below. 
  6.20  INFORMATION REQUESTED (mark all that apply): 
  6.21  Student's: 
  6.22   ... full name 
  6.23   ... home address 
  6.24   ... telephone number 
  6.25   ... date of birth 
  6.26   ... school schedule 
  6.27   ... attendance record 
  6.28   ... photograph, if any 
  6.29   ... participation in an English as a second 
  6.30       language program 
  6.31   ... receipt of medication at school according to 
  6.32       Minnesota Statutes, section 121A.22 
  6.33   ... participation in an individualized education 
  6.34       program under Code of Federal Regulations, title 34, 
  6.35       section 300.500 et seq., if it is alleged that 
  6.36       the student has committed a crime 
  6.37   ... any designated directory information not 
  6.38       included in this list, notwithstanding 
  6.39       parental objection to disclosure 
  6.40  Data relating to the student's: 
  6.41   ... use of a controlled substance, alcohol, 
  7.1        or tobacco 
  7.2    ... assaultive or threatening conduct as defined 
  7.3    ... possession or use of weapons or look-alike weapons 
  7.4    ... participation in gang activities as defined or 
  7.5        bias-motivated acts 
  7.6    ... theft 
  7.7    ... vandalism and damage to property 
  7.8   Parents': 
  7.9    ... full names 
  7.10   ... home addresses 
  7.11   ... telephone numbers 
  7.12  When the following box is marked, the requester must describe 
  7.13  what information is requested and why it effectively serves the 
  7.14  student whose records are to be released.  The school will 
  7.15  determine if it has the data requested and whether disclosure 
  7.16  has been supported.  If both conditions are met, the data will 
  7.17  be disclosed. 
  7.18   ... The following additional information is necessary 
  7.19       to effectively serve the juvenile: 
  7.20  ........................................................... 
  7.21  ........................................................... 
  7.22  CERTIFICATION:  The undersigned certifies that the undersigned 
  7.23  is a member of a juvenile justice agency as defined by Minnesota 
  7.24  Statutes, section 13.32, subdivision 1.  The requested data are 
  7.25  needed by the juvenile justice system so it may effectively 
  7.26  serve, prior to adjudication, the student whose records are 
  7.27  released.  The undersigned will not disclose the information 
  7.28  received to any other party, except as provided under state law, 
  7.29  without prior written consent as required by Code of Federal 
  7.30  Regulations, title 34, section 99.38(b).  The undersigned 
  7.31  further certifies that the undersigned understands that by 
  7.32  signing this request, the undersigned is subject to the 
  7.33  penalties in Minnesota Statutes, section 13.32. 
  7.34  .......................................................
  7.35  Signature/Title 
  7.36     Sec. 5.  Minnesota Statutes 2000, section 121A.75, is 
  7.37  amended to read: 
  8.1      121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.] 
  8.2      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  8.3   section "principal" means a principal or other person having 
  8.4   general administrative control and supervision of a school. 
  8.5      (b) For purposes of this section, "school" means a charter 
  8.6   school or a school as defined in section 120A.22, subdivision 4, 
  8.7   except a home school. 
  8.8      Subd. 2.  [DISPOSITION ORDERS.] (a) On receipt of a 
  8.9   disposition order under section 260B.171, subdivision 3, the 
  8.10  superintendent of the student's school district or chief 
  8.11  administrative officer of the student's school must immediately 
  8.12  transmit the order to the principal of the school where the 
  8.13  student is in attendance.  The principal must place the 
  8.14  disposition order in the student's permanent education record.  
  8.15  The principal must also immediately notify any counselor 
  8.16  directly supervising or reporting on the behavior or progress of 
  8.17  the student.  In addition, the principal must immediately notify 
  8.18  any teacher or administrator who directly supervises or reports 
  8.19  on the behavior or progress of the student whom the principal 
  8.20  believes needs the data to work with the student in an 
  8.21  appropriate manner, to avoid being needlessly vulnerable, or to 
  8.22  protect other persons from needless vulnerability.  The 
  8.23  principal may also notify other district employees, substitutes, 
  8.24  and volunteers who are in direct contact with the student, if 
  8.25  they determine these individuals need the data to work with the 
  8.26  student in an appropriate manner, to avoid being needlessly 
  8.27  vulnerable, or to protect other persons from needless 
  8.28  vulnerability.  When provided in the disposition order, the 
  8.29  notice given under this paragraph by the principal must identify 
  8.30  the student, outline the offense, and describe any conditions of 
  8.31  probation about which the school must provide information.  
  8.32     (c) (b) Information received under this subdivision is 
  8.33  private data on individuals as defined in section 13.32 and is 
  8.34  received for the limited purpose of serving the educational 
  8.35  needs of the student and protecting students or staff.  The data 
  8.36  may not be further disseminated by the teacher, counselor, staff 
  9.1   member, administrator, substitute, or volunteer; except as 
  9.2   necessary to serve the student, to protect students or staff, or 
  9.3   as otherwise required by law, and only to the following persons: 
  9.4      (1) the student; or 
  9.5      (2) the student's parent or guardian; 
  9.6      (3) law enforcement officers; or 
  9.7      (4) the student's probation officer. 
  9.8      (d) (c) If a student is removed from school as part of the 
  9.9   disposition order, the superintendent of the student's school 
  9.10  district or chief administrative officer of the student's school 
  9.11  must maintain the copy of the order in a secure file and shall 
  9.12  notify the principal when the student is returned to school.  If 
  9.13  the student is returned to a different school district or 
  9.14  school, the student's probation officer must send a copy of the 
  9.15  disposition order to the superintendent of the new school 
  9.16  district or the chief administrative officer of the new school. 
  9.17     (e) (d) The disposition order must be included if the 
  9.18  student's permanent education record is released to another 
  9.19  school district or educational entity to which the student is 
  9.20  transferring under section 120A.22, subdivision 7. 
  9.21     (f) (e) Notwithstanding section 138.17, a disposition order 
  9.22  received under section 260B.171, subdivision 3, paragraph (a), 
  9.23  must be destroyed when the student graduates from school or at 
  9.24  the end of the school year in which the student reaches age 23, 
  9.25  whichever is earlier.  A disposition order received under 
  9.26  section 260B.171, subdivision 3, paragraph (b), must be 
  9.27  destroyed when the student is discharged from probation.  
  9.28     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) On 
  9.29  receipt of the notice from a law enforcement agency required by 
  9.30  section 260B.171, subdivision 5, the superintendent of the 
  9.31  student's school district or chief administrative officer of the 
  9.32  student's school must immediately transmit the notice to the 
  9.33  principal of the school where the student is in attendance.  The 
  9.34  principal must place the notice in the student's permanent 
  9.35  education record.  The principal must immediately notify any 
  9.36  teacher, counselor, or administrator directly supervising the 
 10.1   student who the principal believes needs the data to work with 
 10.2   the student in an appropriate manner, to avoid being needlessly 
 10.3   vulnerable, or to protect other persons from needless 
 10.4   vulnerability.  The principal may also notify other district 
 10.5   employees, substitutes, or volunteers who are in direct contact 
 10.6   with the student if the principal determines these individuals 
 10.7   need the data to work with the juvenile in an appropriate 
 10.8   manner, to avoid being needlessly vulnerable, or to protect 
 10.9   other persons from needless vulnerability.  When provided in the 
 10.10  peace officer notice, the notice from the principal must 
 10.11  identify the student and describe the alleged offense. 
 10.12     (b) Data received under this subdivision are private data 
 10.13  on individuals pursuant to section 13.32 and are received for 
 10.14  the limited purpose of serving the educational needs of the 
 10.15  student and protecting students or staff.  The data must not be 
 10.16  further disseminated by the teacher, counselor, staff member, 
 10.17  administrator, substitute, or volunteer, except to communicate 
 10.18  with the student or the student's parent or guardian as 
 10.19  necessary to serve the student, protect students or staff, or as 
 10.20  otherwise required by law.  
 10.21     (c)  The notice must be included if the student's permanent 
 10.22  education record is released to another school district or 
 10.23  educational entity to which the student is transferring pursuant 
 10.24  to section 120A.22, subdivision 7.  
 10.25     (d) If the county attorney determines not to proceed with a 
 10.26  petition alleging any of the offenses listed in section 
 10.27  260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or 
 10.28  directs the student into a diversion or mediation program, the 
 10.29  county attorney must notify the superintendent or the chief 
 10.30  administrative officer of the school where the student is in 
 10.31  attendance.  The notice must contain the name of the student and 
 10.32  a summary of the resolution of the case.  The superintendent or 
 10.33  chief administrative officer must send the notice to the 
 10.34  principal of the school where the student attends.  The 
 10.35  principal must put the notice in the student's permanent record 
 10.36  and make reasonable efforts to notify any teacher, counselor, 
 11.1   staff member, administrator, substitute, or volunteer who 
 11.2   received data from the peace officer notice.  
 11.3      (e) If the juvenile court makes a decision on a petition 
 11.4   that alleges any of the offenses listed in section 260B.171, 
 11.5   subdivision 3, paragraph (a), clauses (1) to (3), and the 
 11.6   decision affects a student and is not a disposition order, the 
 11.7   court must notify the superintendent of the school district or 
 11.8   chief administrative officer of the school where the student is 
 11.9   in attendance of the decision.  The superintendent or chief 
 11.10  administrative officer must send the notice to the principal of 
 11.11  the school where the student attends.  The principal must put 
 11.12  the notice in the student's permanent record and make reasonable 
 11.13  efforts to notify any teacher, counselor, staff member, 
 11.14  administrator, substitute, or volunteer who received data from 
 11.15  the peace officer notice.  
 11.16     (f) Notwithstanding section 138.17, data from a notice 
 11.17  received from a law enforcement agency must be destroyed when 
 11.18  the student graduates from the school or at the end of the 
 11.19  academic year when the student reaches age 23, whichever date is 
 11.20  earlier.  
 11.21     Subd. 4.  [TRAINING RESPONSIBILITY.] The department of 
 11.22  children, families, and learning is responsible for training 
 11.23  school personnel in their responsibilities under this section 
 11.24  and sections 13.32 and 260B.171, subdivisions 3 and 5.  
 11.25     Sec. 6.  Minnesota Statutes 2000, section 124D.10, 
 11.26  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.  If such a 
 11.33  board denies a request to locate within its boundaries a charter 
 11.34  school sponsored by another school board, the sponsoring school 
 11.35  board may appeal to the commissioner.  If the commissioner 
 11.36  authorizes the school, the commissioner must sponsor the school. 
 12.1      (c) A charter school must be nonsectarian in its programs, 
 12.2   admission policies, employment practices, and all other 
 12.3   operations.  A sponsor may not authorize a charter school or 
 12.4   program that is affiliated with a nonpublic sectarian school or 
 12.5   a religious institution. 
 12.6      (d) Charter schools must not be used as a method of 
 12.7   providing education or generating revenue for students who are 
 12.8   being home-schooled. 
 12.9      (e) The primary focus of a charter school must be to 
 12.10  provide a comprehensive program of instruction for at least one 
 12.11  grade or age group from five through 18 years of age.  
 12.12  Instruction may be provided to people younger than five years 
 12.13  and older than 18 years of age. 
 12.14     (f) A charter school may not charge tuition. 
 12.15     (g) A charter school is subject to and must comply with 
 12.16  chapter 363 and section 121A.04. 
 12.17     (h) A charter school is subject to and must comply with the 
 12.18  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
 12.19  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
 12.20     (i) A charter school is subject to the same financial 
 12.21  audits, audit procedures, and audit requirements as a district.  
 12.22  The audit must comply with the requirements of sections 123B.75 
 12.23  to 123B.83, except to the extent deviations are necessary 
 12.24  because of the program at the school.  The department of 
 12.25  children, families, and learning, state auditor, or legislative 
 12.26  auditor may conduct financial, program, or compliance audits.  A 
 12.27  charter school determined to be in statutory operating debt 
 12.28  under sections 123B.81 to 123B.83 must submit a plan under 
 12.29  section 123B.81, subdivision 4. 
 12.30     (j) A charter school is a district for the purposes of tort 
 12.31  liability under chapter 466. 
 12.32     (k) A charter school must comply with sections 13.32, 
 12.33  121A.75, and 260B.171, subdivisions 3 and 5.  
 12.34     Sec. 7.  Minnesota Statutes 2000, section 260B.171, 
 12.35  subdivision 3, is amended to read: 
 12.36     Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
 13.1   juvenile is enrolled in school, the juvenile's probation officer 
 13.2   shall transmit a copy of the court's disposition order to the 
 13.3   superintendent of the juvenile's school district or the chief 
 13.4   administrative officer of the juvenile's school if the juvenile 
 13.5   has been adjudicated delinquent for committing an act on the 
 13.6   school's property or an act: 
 13.7      (1) that would be a violation of section 609.185 
 13.8   (first-degree murder); 609.19 (second-degree murder); 609.195 
 13.9   (third-degree murder); 609.20 (first-degree manslaughter); 
 13.10  609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 13.11  homicide and injury); 609.221 (first-degree assault); 609.222 
 13.12  (second-degree assault); 609.223 (third-degree assault); 
 13.13  609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 13.14  assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
 13.15  609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 13.16  (false imprisonment); 609.342 (first-degree criminal sexual 
 13.17  conduct); 609.343 (second-degree criminal sexual conduct); 
 13.18  609.344 (third-degree criminal sexual conduct); 609.345 
 13.19  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 13.20  criminal sexual conduct); 609.498 (tampering with a witness); 
 13.21  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 13.22  (burglary); 609.713 (terroristic threats); or 609.749 
 13.23  (harassment and stalking), if committed by an adult; 
 13.24     (2) that would be a violation of section 152.021 
 13.25  (first-degree controlled substance crime); 152.022 
 13.26  (second-degree controlled substance crime); 152.023 
 13.27  (third-degree controlled substance crime); 152.024 
 13.28  (fourth-degree controlled substance crime); 152.025 
 13.29  (fifth-degree controlled substance crime); 152.0261 (importing a 
 13.30  controlled substance); or 152.027 (other controlled substance 
 13.31  offenses), if committed by an adult; or 
 13.32     (3) that involved the possession or use of a dangerous 
 13.33  weapon as defined in section 609.02, subdivision 6. 
 13.34     When a disposition order is transmitted under this 
 13.35  subdivision, the probation officer shall notify the juvenile's 
 13.36  parent or legal guardian that the disposition order has been 
 14.1   shared with the juvenile's school. 
 14.2      (b) In addition, the juvenile's probation officer may 
 14.3   transmit a copy of the court's disposition order to the 
 14.4   superintendent of the juvenile's school district or the chief 
 14.5   administrative officer of the juvenile's school if the juvenile 
 14.6   has been adjudicated delinquent for offenses not listed in 
 14.7   paragraph (a) and placed on probation.  The probation officer 
 14.8   shall notify the superintendent or chief administrative officer 
 14.9   when the juvenile is discharged from probation.  
 14.10     (c) The disposition order must be accompanied by a notice 
 14.11  to the school that the school may obtain additional information 
 14.12  from the juvenile's probation officer with the consent of the 
 14.13  juvenile or the juvenile's parents, as applicable.  The 
 14.14  disposition order must be maintained, shared, or released only 
 14.15  as provided in section 121A.07 121A.75. 
 14.16     (d) The juvenile's probation officer shall maintain a 
 14.17  record of disposition orders released under this subdivision and 
 14.18  the basis for the release. 
 14.19     (e) No later than September 1, 2001, the criminal and 
 14.20  juvenile justice information policy group, in consultation with 
 14.21  representatives of probation officers and educators, shall 
 14.22  prepare standard forms for use by juvenile probation officers in 
 14.23  forwarding information to schools under this subdivision and in 
 14.24  maintaining a record of the information that is released.  The 
 14.25  group shall provide a copy of any forms or procedures developed 
 14.26  under this paragraph to the legislature by January 15, 2001. 
 14.27     (f) As used in this subdivision, "school" means a charter 
 14.28  school or a school as defined in section 120A.22, subdivision 4, 
 14.29  except a home school. 
 14.30     Sec. 8.  Minnesota Statutes 2000, section 260B.171, 
 14.31  subdivision 5, is amended to read: 
 14.32     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 14.33  for records relating to an offense where proceedings are public 
 14.34  under section 260B.163, subdivision 1, peace officers' records 
 14.35  of children who are or may be delinquent or who may be engaged 
 14.36  in criminal acts shall be kept separate from records of persons 
 15.1   18 years of age or older and are private data but shall be 
 15.2   disseminated:  (1) by order of the juvenile court, (2) as 
 15.3   required by section 121A.28, (3) as authorized under section 
 15.4   13.82, subdivision 2, (4) to the child or the child's parent or 
 15.5   guardian unless disclosure of a record would interfere with an 
 15.6   ongoing investigation, (5) to the Minnesota crime victims 
 15.7   reparations board as required by section 611A.56, subdivision 2, 
 15.8   clause (f), for the purpose of processing claims for crime 
 15.9   victims reparations, or (6) as otherwise provided in this 
 15.10  subdivision.  Except as provided in paragraph (c), no 
 15.11  photographs of a child taken into custody may be taken without 
 15.12  the consent of the juvenile court unless the child is alleged to 
 15.13  have violated section 169A.20.  Peace officers' records 
 15.14  containing data about children who are victims of crimes or 
 15.15  witnesses to crimes must be administered consistent with section 
 15.16  13.82, subdivisions 2, 3, 4, and 10.  Any person violating any 
 15.17  of the provisions of this subdivision shall be guilty of a 
 15.18  misdemeanor. 
 15.19     In the case of computerized records maintained about 
 15.20  juveniles by peace officers, the requirement of this subdivision 
 15.21  that records about juveniles must be kept separate from adult 
 15.22  records does not mean that a law enforcement agency must keep 
 15.23  its records concerning juveniles on a separate computer system.  
 15.24  Law enforcement agencies may keep juvenile records on the same 
 15.25  computer as adult records and may use a common index to access 
 15.26  both juvenile and adult records so long as the agency has in 
 15.27  place procedures that keep juvenile records in a separate place 
 15.28  in computer storage and that comply with the special data 
 15.29  retention and other requirements associated with protecting data 
 15.30  on juveniles. 
 15.31     (b) Nothing in this subdivision prohibits the exchange of 
 15.32  information by law enforcement agencies if the exchanged 
 15.33  information is pertinent and necessary for law enforcement 
 15.34  purposes. 
 15.35     (c) A photograph may be taken of a child taken into custody 
 15.36  pursuant to section 260B.175, subdivision 1, clause (b), 
 16.1   provided that the photograph must be destroyed when the child 
 16.2   reaches the age of 19 years.  The commissioner of corrections 
 16.3   may photograph juveniles whose legal custody is transferred to 
 16.4   the commissioner.  Photographs of juveniles authorized by this 
 16.5   paragraph may be used only for institution management purposes, 
 16.6   case supervision by parole agents, and to assist law enforcement 
 16.7   agencies to apprehend juvenile offenders.  The commissioner 
 16.8   shall maintain photographs of juveniles in the same manner as 
 16.9   juvenile court records and names under this section. 
 16.10     (d) Traffic investigation reports are open to inspection by 
 16.11  a person who has sustained physical harm or economic loss as a 
 16.12  result of the traffic accident.  Identifying information on 
 16.13  juveniles who are parties to traffic accidents may be disclosed 
 16.14  as authorized under section 13.82, subdivision 4, and accident 
 16.15  reports required under section 169.09 may be released under 
 16.16  section 169.09, subdivision 13, unless the information would 
 16.17  identify a juvenile who was taken into custody or who is 
 16.18  suspected of committing an offense that would be a crime if 
 16.19  committed by an adult, or would associate a juvenile with the 
 16.20  offense, and the offense is not an adult court traffic offense 
 16.21  under section 260B.225. 
 16.22     (e) The head of a law enforcement agency or a person 
 16.23  specifically given the duty by the head of the law enforcement 
 16.24  agency shall notify the principal superintendent or chief 
 16.25  administrative officer of a juvenile's school of an incident 
 16.26  occurring within the agency's jurisdiction if: 
 16.27     (1) the agency has probable cause to believe that the 
 16.28  juvenile has committed an offense that would be a crime if 
 16.29  committed as an adult, that the victim of the offense is a 
 16.30  student or staff member of the school, and that notice to the 
 16.31  school is reasonably necessary for the protection of the victim; 
 16.32  or 
 16.33     (2) the agency has probable cause to believe that the 
 16.34  juvenile has committed an offense described in subdivision 3, 
 16.35  paragraph (a), clauses (1) to (3), that would be a crime if 
 16.36  committed by an adult, regardless of whether the victim is a 
 17.1   student or staff member of the school. 
 17.2      A law enforcement agency is not required to notify the 
 17.3   school under this paragraph if the agency determines that notice 
 17.4   would jeopardize an ongoing investigation.  Notwithstanding 
 17.5   section 138.17, data from a notice received from a law 
 17.6   enforcement agency under this paragraph must be destroyed when 
 17.7   the juvenile graduates from the school or at the end of the 
 17.8   academic year when the juvenile reaches age 23, whichever date 
 17.9   is earlier.  For purposes of this paragraph, "school" means a 
 17.10  public or private elementary, middle, or secondary, or charter 
 17.11  school. 
 17.12     (f) In any county in which the county attorney operates or 
 17.13  authorizes the operation of a juvenile prepetition or pretrial 
 17.14  diversion program, a law enforcement agency or county attorney's 
 17.15  office may provide the juvenile diversion program with data 
 17.16  concerning a juvenile who is a participant in or is being 
 17.17  considered for participation in the program. 
 17.18     (g) Upon request of a local social services agency, peace 
 17.19  officer records of children who are or may be delinquent or who 
 17.20  may be engaged in criminal acts may be disseminated to the 
 17.21  agency to promote the best interests of the subject of the data. 
 17.22     (h) Upon written request, the prosecuting authority shall 
 17.23  release investigative data collected by a law enforcement agency 
 17.24  to the victim of a criminal act or alleged criminal act or to 
 17.25  the victim's legal representative, except as otherwise provided 
 17.26  by this paragraph.  Data shall not be released if: 
 17.27     (1) the release to the individual subject of the data would 
 17.28  be prohibited under section 13.821; or 
 17.29     (2) the prosecuting authority reasonably believes: 
 17.30     (i) that the release of that data will interfere with the 
 17.31  investigation; or 
 17.32     (ii) that the request is prompted by a desire on the part 
 17.33  of the requester to engage in unlawful activities.  
 17.34     Sec. 9.  Minnesota Statutes 2000, section 260B.171, is 
 17.35  amended by adding a subdivision to read: 
 17.36     Subd. 9.  [TRAINING RESPONSIBILITIES.] The office of the 
 18.1   court administrator is responsible for training all judges and 
 18.2   court services personnel in their responsibilities under 
 18.3   subdivision 3 and section 13.32.  The department of public 
 18.4   safety is responsible for training all law enforcement personnel 
 18.5   in their responsibilities under subdivision 5 and section 13.32.