Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 691-H.F.No. 2228 
           An act relating to education; establishing a records 
          destruction schedule for chemical abuse preassessment 
          teams; requiring law enforcement reports of certain 
          violations to preassessment teams; amending Minnesota 
          Statutes 1987 Supplement, sections 126.034; 126.035; 
          126.037; and 260.161, subdivision 3; proposing coding 
          for new law in Minnesota Statutes, chapter 126; 
          repealing Minnesota Statutes 1987 Supplement, section 
          126.033, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
126.034, is amended to read:  
    126.034 [SCHOOL PREASSESSMENT TEAMS.] 
    Every public school, and every nonpublic school that 
participates in a school district chemical abuse program shall 
establish a chemical abuse preassessment team.  The 
preassessment team must be composed of classroom teachers, 
administrators, and to the extent possible they exist in each 
school, school nurse, school counselor or psychologist, social 
worker, chemical abuse specialist, and other appropriate 
professional staff.  The superintendents or their designees 
shall designate the team members in the public schools.  The 
preassessment team is responsible for addressing reports of 
chemical abuse problems and making recommendations for 
appropriate responses to the individual reported cases.  
    Within 45 days after receiving an individual reported case, 
the preassessment team shall make a determination whether to 
provide the student and, in the case of a minor, the student's 
parents with information about school and community services in 
connection with chemical abuse.  Data may be disclosed without 
consent in health and safety emergencies pursuant to section 
13.32 and applicable federal law and regulations.  
    Notwithstanding section 138.163, destruction of records 
identifying individual students shall be governed by this 
section.  If the preassessment team decides not to provide a 
student and, in the case of a minor, the student's parents with 
information about school or community services in connection 
with chemical abuse, records created or maintained by the 
preassessment team about the student shall be destroyed not 
later than six months after the determination is made.  If the 
preassessment team decides to provide a student and, in the case 
of a minor, the student's parents with information about school 
or community services in connection with chemical abuse, records 
created or maintained by the preassessment team about the 
student shall be destroyed not later than six months after the 
student is no longer enrolled in the district. 
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
126.035, is amended to read:  
    126.035 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 
    The superintendent, with the advice of the school board, 
shall establish a school and community advisory team to address 
chemical abuse problems in the district.  The school and 
community advisory team must be composed of representatives from 
the school preassessment team established in section 126.034, to 
the extent possible, law enforcement agencies, county attorney's 
office, social service agencies, chemical abuse treatment 
programs, parents, and the business community.  The community 
advisory team shall: 
    (1) build awareness of the problem within the community, 
identify available treatment and counseling programs for 
students and develop good working relationships and enhance 
communication between the schools and other community 
agencies; and 
    (2) develop a written procedure clarifying the notification 
process to be used by the chemical abuse preassessment team 
established under section 126.034 when a student is believed to 
be in possession of or under the influence of alcohol or a 
controlled substance.  The procedure must include contact with 
the student, and the student's parents or guardian; and 
    (3) develop a written memorandum of understanding between 
school personnel and law enforcement agencies identifying when 
the school shall notify the local law enforcement agency that a 
violation of its drug and alcohol policy has occurred, and when 
the law enforcement agency shall notify the school chemical 
abuse preassessment team of incidents occurring off the school 
premises involving chemical abuse by students enrolled in that 
school pursuant to the possession or purchase of alcohol in 
violation of section 340A.503, subdivision 2 or 3, or in the 
case of controlled substances, a violation of section 152.09, 
subdivision 1 in the case of a minor student.  
     Sec. 3.  [126.036] [LAW ENFORCEMENT RECORDS.] 
     A law enforcement agency shall provide notice of any drug 
incident occurring within the agency's jurisdiction, in which 
the agency has probable cause to believe a student violated 
section 152.09, subdivision 1, or 340A.503, subdivision 1, 2, or 
3.  The notice shall be in writing and shall be provided, within 
two weeks after an incident occurs, to the chemical abuse 
preassessment team in the school where the student is enrolled. 
    Sec. 4.  Minnesota Statutes 1987 Supplement, section 
126.037, is amended to read:  
    126.037 [REPORTING; CHEMICAL ABUSE.] 
    Subdivision 1.  [TEACHER'S DUTY.] A teacher in a nonpublic 
school participating in a school district chemical use program, 
or a public school teacher, who knows or has reason to believe 
that a student is using, possessing, or transferring alcohol or 
a controlled substance while on the school premises or involved 
in school-related activities, shall immediately notify the 
school's chemical abuse preassessment team of this information.  
A teacher who complies with this section shall be defended and 
indemnified under section 466.07, subdivision 1, in any action 
for damages arising out of the compliance. 
     Subd. 2.  [OTHER REPORTS.] Nothing in this section prevents 
a teacher or any other school employee from reporting to a law 
enforcement agency any violation of law occurring on school 
premises or at school sponsored events. 
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
260.161, subdivision 3, is amended to read:  
    Subd. 3.  Peace officers' records of children shall be kept 
separate from records of persons 18 years of age or older and 
shall not be open to public inspection or their contents 
disclosed to the public except by order of the juvenile court or 
except as required by a written memorandum of understanding 
adopted under section 126.035 section 3 or as authorized under 
chapter 13; except that traffic investigation reports may be 
open to inspection by a person who has sustained physical harm 
or economic loss as a result of the traffic accident.  No 
photographs of a child taken into custody may be taken without 
the consent of the juvenile court unless the child is alleged to 
have violated section 169.121 or 169.129.  Any person violating 
any of the provisions of this subdivision shall be guilty of a 
misdemeanor.  
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1987 Supplement, section 126.033, 
subdivision 4, is repealed. 
    Approved April 28, 1988