Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 451-H.F.No. 2833 
                  An act relating to crime; authorizing certain 
                  behavioral data on students to be disclosed to the 
                  juvenile justice system; providing that when a 
                  juvenile has been adjudicated delinquent for certain 
                  violations of criminal law that the disposition order 
                  shall be shared with certain school officials, law 
                  enforcement, and specified others; providing for data 
                  sharing between probation officers and school 
                  officials for juveniles on probation; amending 
                  Minnesota Statutes 1998, section 13.32, subdivision 8; 
                  Minnesota Statutes 1999 Supplement, sections 13.99, by 
                  adding a subdivision; and 260B.171, 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 1998, section 13.32, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
        request, the following education data shall be disclosed under 
        subdivision 3, clause (i), to the juvenile justice system:  a 
        student's full name, home address, telephone number, date of 
        birth; a student's school schedule, attendance record, and 
        photographs, if any; and parents' names, home addresses, and 
        telephone numbers.  
           (b) In addition, the following data on behavior by a 
        student who is on probation may be disclosed under subdivision 
        3, clause (i) or (1), to the juvenile justice system: 
           (1) use of a controlled substance, alcohol, or tobacco; 
           (2) assaultive or threatening conduct that could result in 
        dismissal from school under section 121A.45, subdivision 2, 
        clause (b) or (c); 
           (3) possession or use of weapons or look-alike weapons; 
           (4) participation in gang activity as defined by the 
        criminal gang oversight council under section 299A.64, 
        subdivision 2, paragraph (b); 
           (5) theft; or 
           (6) vandalism or other damage to property. 
           Any request for access to data under this paragraph must 
        contain an explanation of why access to the data is necessary to 
        serve the student or to protect students or staff. 
           (c) A superintendent of a school district or chief 
        administrative officer of a school who discloses information 
        about a student to the juvenile justice system under this 
        paragraph shall, to the extent permitted by federal law, notify 
        the student's parent or guardian of the disclosure. 
           (d) Nothing in this subdivision shall limit the disclosure 
        of educational data pursuant to court order. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
        is amended by adding a subdivision to read: 
           Subd. 27g.  [DISPOSITION ORDERS RECEIVED BY SCHOOLS.] 
        Access to disposition orders received by schools is governed by 
        section 3. 
           Sec. 3.  [121A.75] [RECEIPT OF DISPOSITION ORDER; SHARING.] 
           (a) For purposes of this section "principal" means a 
        principal or other person having general administrative control 
        and supervision of a school. 
           (b) On receipt of a disposition order under section 
        260B.171, subdivision 3, the superintendent of the student's 
        school district or chief administrative officer of the student's 
        school must immediately transmit the order to the principal of 
        the school where the student is in attendance.  The principal 
        must place the disposition order in the student's permanent 
        education record.  The principal must also immediately notify 
        any counselor directly supervising or reporting on the behavior 
        or progress of the student.  In addition, the principal must 
        immediately notify any teacher or administrator who directly 
        supervises or reports on the behavior or progress of the student 
        whom the principal believes needs the data to work with the 
        student in an appropriate manner, to avoid being needlessly 
        vulnerable, or to protect other persons from needless 
        vulnerability.  The principal may also notify other district 
        employees, substitutes, and volunteers who are in direct contact 
        with the student, if they determine these individuals need the 
        data to work with the student in an appropriate manner, to avoid 
        being needlessly vulnerable, or to protect other persons from 
        needless vulnerability.  When provided in the disposition order, 
        the notice given under this paragraph by the principal must 
        identify the student, outline the offense, and describe any 
        conditions of probation about which the school must provide 
        information.  
           (c) Information received under this subdivision is private 
        data on individuals as defined in section 13.32 and is received 
        for the limited purpose of serving the educational needs of the 
        student and protecting students or staff.  The data may not be 
        further disseminated by the teacher, counselor, staff member, 
        administrator, substitute, or volunteer; except as necessary to 
        serve the student, to protect students or staff, or as otherwise 
        required by law, and only to the following persons: 
           (1) the student; 
           (2) the student's parent or guardian; 
           (3) law enforcement officers; or 
           (4) the student's probation officer. 
           (d) If a student is removed from school as part of the 
        disposition order, the superintendent of the student's school 
        district or chief administrative officer of the student's school 
        must maintain the copy of the order in a secure file and shall 
        notify the principal when the student is returned to school.  If 
        the student is returned to a different school district or 
        school, the student's probation officer must send a copy of the 
        disposition order to the superintendent of the new school 
        district or the chief administrative officer of the new school. 
           (e) The disposition order must be included if the student's 
        permanent education record is released to another school 
        district or educational entity to which the student is 
        transferring under section 120A.22, subdivision 7. 
           (f) Notwithstanding section 138.17, a disposition order 
        received under section 260B.171, subdivision 3, paragraph (a), 
        must be destroyed when the student graduates from school or at 
        the end of the school year in which the student reaches age 23, 
        whichever is earlier.  A disposition order received under 
        section 260B.171, subdivision 3, paragraph (b), must be 
        destroyed when the student is discharged from probation.  
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 
        260B.171, subdivision 3, is amended to read: 
           Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
        juvenile is enrolled in school, the juvenile's probation officer 
        shall transmit a copy of the court's disposition order to the 
        principal superintendent of the juvenile's school district or 
        the chief administrative officer of the juvenile's school if the 
        juvenile has been adjudicated delinquent for committing an act 
        on the school's property or an act: 
           (1) that would be a violation of section 609.185 
        (first-degree murder); 609.19 (second-degree murder); 609.195 
        (third-degree murder); 609.20 (first-degree manslaughter); 
        609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
        homicide and injury); 609.221 (first-degree assault); 609.222 
        (second-degree assault); 609.223 (third-degree assault); 
        609.2231 (fourth-degree assault); 609.224 (fifth-degree 
        assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
        609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
        (false imprisonment); 609.342 (first-degree criminal sexual 
        conduct); 609.343 (second-degree criminal sexual conduct); 
        609.344 (third-degree criminal sexual conduct); 609.345 
        (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
        criminal sexual conduct); 609.498 (tampering with a witness); 
        609.561 (first-degree arson); 609.582, subdivision 1 or 2 
        (burglary); 609.713 (terroristic threats); or 609.749 
        (harassment and stalking), if committed by an adult; 
           (2) that would be a violation of section 152.021 
        (first-degree controlled substance crime); 152.022 
        (second-degree controlled substance crime); 152.023 
        (third-degree controlled substance crime); 152.024 
        (fourth-degree controlled substance crime); 152.025 
        (fifth-degree controlled substance crime); 152.0261 (importing a 
        controlled substance); or 152.027 (other controlled substance 
        offenses), if committed by an adult; or 
           (3) that involved the possession or use of a dangerous 
        weapon as defined in section 609.02, subdivision 6. 
           When a disposition order is transmitted under this 
        paragraph subdivision, the probation officer shall notify the 
        juvenile's parent or legal guardian that the disposition order 
        has been shared with the juvenile's school. 
           (b) In addition, the juvenile's probation officer may 
        transmit a copy of the court's disposition order to the 
        superintendent of the juvenile's school district or the chief 
        administrative officer of the juvenile's school if the juvenile 
        has been adjudicated delinquent for offenses not listed in 
        paragraph (a) and placed on probation.  The probation officer 
        shall notify the superintendent or chief administrative officer 
        when the juvenile is discharged from probation.  
           (c) The disposition order must be accompanied by a notice 
        to the school that the school may obtain additional information 
        from the juvenile's probation officer with the consent of the 
        juvenile or the juvenile's parents, as applicable.  The 
        disposition order must be maintained in the student's permanent 
        education record but may not be released outside of the school 
        district or educational entity, other than to another school 
        district or educational entity to which the juvenile is 
        transferring.  Notwithstanding section 138.17, the disposition 
        order must be destroyed when the juvenile graduates from the 
        school or at the end of the academic year when the juvenile 
        reaches age 23, whichever date is earlier, shared, or released 
        only as provided in section 3. 
           (c) (d) The juvenile's probation officer shall maintain a 
        record of disposition orders released under this subdivision and 
        the basis for the release. 
           (d) (e) The criminal and juvenile justice information 
        policy group, in consultation with representatives of probation 
        officers and educators, shall prepare standard forms for use by 
        juvenile probation officers in forwarding information to schools 
        under this subdivision and in maintaining a record of the 
        information that is released.  
           (e) (f) As used in this subdivision, "school" means a 
        public or private elementary, middle, or secondary school school 
        as defined in section 120A.22, subdivision 4, except a home 
        school. 
           Presented to the governor May 2, 2000 
           Signed by the governor May 5, 2000, 10:47 a.m.