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Minnesota Legislature

Office of the Revisor of Statutes

121A.75 RECEIPT OF RECORDS; SHARING.
    Subdivision 1. Definitions. (a) For purposes of this section "principal" means a principal or
other person having general administrative control and supervision of a school.
(b) For purposes of this section, "school" means a public school under section 120A.22,
subdivision 4
; a nonpublic school under section 120A.22, subdivision 4, that elects to comply
with this section; and a charter school under section 124D.10, but does not mean a home school.
    Subd. 2. Disposition orders. (a) 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.
(b) 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; or
(2) the student's parent or guardian.
(c) 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.
(d) 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.
(e) 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.
    Subd. 3. Peace officer records of children. (a) A law enforcement agency must transmit
the notice required by section 260B.171, subdivision 5, to the superintendent of the student's
school district who must immediately transmit the notice to the principal of the school the
student attends, or to the principal of the school the student attends if there is no superintendent.
The principal must place the notice in the student's educational record. The principal must
immediately notify any teacher, counselor, or administrator directly supervising the student who
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, or volunteers who are in direct contact with
the student if the principal determines these individuals need the data to work with the juvenile in
an appropriate manner, to avoid being needlessly vulnerable, or to protect other persons from
needless vulnerability. When provided in the peace officer notice, the notice from the principal
must identify the student and describe the alleged offense.
(b) Data received under this subdivision are private data on individuals under section 13.32
and are received for the limited purpose of serving the student's educational needs and protecting
students or staff. The teacher, counselor, staff member, administrator, substitute, or volunteer must
not further disseminate the data, except to communicate with the student or the student's parent or
guardian as needed to serve the student, protect students or staff, or as otherwise required by law.
(c) The principal must include the notice in the student's educational record as required
by section 120A.22, subdivision 7.
(d) If the county attorney determines not to proceed with a petition alleging any offense
in section 260B.171, subdivision 3, paragraph (a), clauses (1) to (3), or directs the student
into a diversion or mediation program, the county attorney must notify the superintendent of
the student's school district who must immediately transmit the notice to the principal of the
school the student attends, or to the principal of the school that the student attends if there is no
superintendent. The notice must contain the name of the student and a summary of the resolution
of the case. Notwithstanding section 138.17, the principal must delete the peace officer's report
and notice from the student's educational record and destroy the data and make reasonable
efforts to notify any teacher, counselor, staff member, administrator, substitute, or volunteer who
received data from the peace officer notice.
(e) If the juvenile court makes a decision on a petition that alleges any offense in section
260B.171, subdivision 3, paragraph (a), clauses (1) to (3), and the decision affects a student and is
not a disposition order, the court must notify the superintendent of the student's school district
who must immediately transmit the notice to the principal of the school the student attends, or to
the principal of the school that the student attends if there is no superintendent, of the decision.
Notwithstanding section 138.17, the principal must delete the peace officer's report and notice
from the student's educational record and destroy the data and make reasonable efforts to notify
any teacher, counselor, staff member, administrator, substitute, or volunteer who received data
from the peace officer notice.
(f) In addition to the data destruction requirements of this subdivision, a principal must
comply with the requirements of section 120A.22, subdivision 7.
History: 2000 c 451 s 3; 2002 c 352 s 9