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, by adding a subdivision; 
  1.6             121A.75; 260B.171, subdivisions 3, 5, by adding a 
  1.7             subdivision; Minnesota Statutes 2001 Supplement, 
  1.8             section 124D.10, subdivision 8. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 13.32, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.13     (a) "Assaultive or threatening conduct" means a student's 
  1.14  willful conduct, consistent with section 121A.45, that:  
  1.15     (1) significantly disrupts the rights of other students to 
  1.16  an education, the ability of school personnel to perform their 
  1.17  duties, or school-sponsored extracurricular activities; or 
  1.18     (2) endangers the student, other students, or surrounding 
  1.19  persons, including school district employees or school property. 
  1.20     (b) "Educational data" means data on individuals maintained 
  1.21  by a public educational agency or institution or by a person 
  1.22  acting for the agency or institution which relates to a student. 
  1.23     Records of instructional personnel which are in the sole 
  1.24  possession of the maker thereof and are not accessible or 
  1.25  revealed to any other individual except a substitute teacher, 
  1.26  and are destroyed at the end of the school year, shall not be 
  1.27  deemed to be government data.  
  2.1      Records of a law enforcement unit of a public educational 
  2.2   agency or institution which are maintained apart from education 
  2.3   data and are maintained solely for law enforcement purposes, and 
  2.4   are not disclosed to individuals other than law enforcement 
  2.5   officials of the jurisdiction are not educational data; 
  2.6   provided, that education records maintained by the educational 
  2.7   agency or institution are not disclosed to the personnel of the 
  2.8   law enforcement unit.  The University of Minnesota police 
  2.9   department is a law enforcement agency for purposes of section 
  2.10  13.82 and other sections of Minnesota Statutes dealing with law 
  2.11  enforcement records.  Records of organizations providing 
  2.12  security services to a public educational agency or institution 
  2.13  must be administered consistent with section 13.861. 
  2.14     Records relating to a student who is employed by a public 
  2.15  educational agency or institution which are made and maintained 
  2.16  in the normal course of business, relate exclusively to the 
  2.17  individual in that individual's capacity as an employee, and are 
  2.18  not available for use for any other purpose are classified 
  2.19  pursuant to section 13.43.  
  2.20     (b) (c) "Gang activity" means the school has documented 
  2.21  that the student exhibits at least three of the following gang 
  2.22  identification criteria developed by the criminal gang oversight 
  2.23  council under section 299A.64, subdivision 2: 
  2.24     (1) admits gang membership; 
  2.25     (2) is observed to associate on a regular basis with known 
  2.26  gang members; 
  2.27     (3) has tattoos indicating gang membership; 
  2.28     (4) wears gang symbols to identify with a specific gang; 
  2.29     (5) appears in a photograph with known gang members or 
  2.30  appears in a photograph using gang-related handsigns; 
  2.31     (6) is named in a gang document, on a target list, or in 
  2.32  gang-related graffiti; 
  2.33     (7) is identified as a gang member by a reliable source 
  2.34  where the reliability of the source is described; 
  2.35     (8) is arrested or detained in the company of identified 
  2.36  gang members or their associates; 
  3.1      (9) corresponds with known gang members or creates or 
  3.2   receives correspondence about gang activities; or 
  3.3      (10) writes gang graffiti on walls, books, or paper.  
  3.4      (d) "Juvenile justice system" includes criminal justice 
  3.5   agencies and the judiciary when involved in juvenile justice 
  3.6   activities. means: 
  3.7      (1) a judge of the juvenile court; 
  3.8      (2) a member of court services staff under section 13.84, 
  3.9   subdivision 1; 
  3.10     (3) a county attorney; 
  3.11     (4) a law enforcement officer; or 
  3.12     (5) an individual designated by the court to perform 
  3.13  studies or other duties. 
  3.14     (e) "Principal" means the principal or other person having 
  3.15  general administrative control and supervision of a school. 
  3.16     (c) (f) "Student" means an individual currently or formerly 
  3.17  enrolled or registered, applicants for enrollment or 
  3.18  registration at a public educational agency or institution, or 
  3.19  individuals who receive shared time educational services from a 
  3.20  public agency or institution. 
  3.21     (d) (g) "Substitute teacher" means an individual who 
  3.22  performs on a temporary basis the duties of the individual who 
  3.23  made the record, but does not include an individual who 
  3.24  permanently succeeds to the position of the maker of the record. 
  3.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  3.26  following final enactment and applies to the 2002-2003 school 
  3.27  year and later.  
  3.28     Sec. 2.  Minnesota Statutes 2000, section 13.32, 
  3.29  subdivision 7, is amended to read: 
  3.30     Subd. 7.  [USES OF DATA.] School officials who receive data 
  3.31  on juveniles, as authorized under sections section 260B.171 and 
  3.32  260C.171, may use and share that data within the school district 
  3.33  or educational entity as necessary to protect persons and 
  3.34  property or to address the educational and other needs of 
  3.35  students as provided in section 121A.75.  A school district, its 
  3.36  agents, and employees who use and share this data in good faith 
  4.1   are immune from civil or criminal liability that might otherwise 
  4.2   result from their actions. 
  4.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.4   following final enactment and applies to the 2002-2003 school 
  4.5   year and later. 
  4.6      Sec. 3.  Minnesota Statutes 2000, section 13.32, 
  4.7   subdivision 8, is amended to read: 
  4.8      Subd. 8.  [ACCESS BY JUVENILE JUSTICE SYSTEM.] (a) Upon 
  4.9   request, the following education data shall be disclosed 
  4.10  under This subdivision governs the release of educational data 
  4.11  to the juvenile justice system for purposes of subdivision 3, 
  4.12  clause (i), to the juvenile justice system:.  A member of the 
  4.13  juvenile justice system must direct a request under this 
  4.14  subdivision to the superintendent of the student's school 
  4.15  district or the chief administrative officer of the student's 
  4.16  school, who must transmit the request to the principal of the 
  4.17  student's school.  The principal must respond to the request and 
  4.18  perform the duties indicated under this subdivision.  
  4.19     (b) A principal or a member of the juvenile justice system 
  4.20  may transmit electronically a request or a response to a request 
  4.21  for data under this subdivision if the certification of a data 
  4.22  request:  (1) includes the digital signature of the requesting 
  4.23  member of the juvenile justice system; and (2) indicates 
  4.24  adequate procedures are in place to prevent unauthorized access 
  4.25  to the data.  
  4.26     (c) The release to the juvenile justice system of the data 
  4.27  listed in this paragraph effectively serves, prior to 
  4.28  adjudication, the needs of the student whose records are 
  4.29  released.  Upon receiving a written request, the principal must 
  4.30  provide the following data to a member of the juvenile justice 
  4.31  system, to the extent the school maintains the data: 
  4.32     (1) a student's full name, home address, telephone number, 
  4.33  and date of birth; 
  4.34     (2) a student's school schedule, and attendance record, and 
  4.35  photographs, if any; and parents' names,; 
  4.36     (3) language, other than English, used at home by the 
  5.1   student; 
  5.2      (4) directory information not included in this list, as 
  5.3   defined in Code of Federal Regulations, title 34, section 99.3, 
  5.4   notwithstanding parental objection to disclosure; and 
  5.5      (5) the names of the student's parents or guardians and 
  5.6   their home addresses, and telephone numbers. 
  5.7      (d) A member of the juvenile justice system may ask the 
  5.8   principal whether the data listed in this paragraph exists if 
  5.9   the request:  (1) indicates the data that are the subject of the 
  5.10  inquiry; and (2) explains why access to information about the 
  5.11  data is needed to effectively serve the student.  If the 
  5.12  principal receives an explanation, the principal must indicate 
  5.13  whether the school maintains data in its records that document 
  5.14  the following activity or behavior: 
  5.15     (1) a student's receipt of medication at school under 
  5.16  section 121A.22; 
  5.17     (2) a student's participation in an individual education 
  5.18  program under Code of Federal Regulations, title 34, sections 
  5.19  300.500 to 300.529, if the student is accused of committing a 
  5.20  crime; 
  5.21     (b) In addition, the following data on behavior by a 
  5.22  student who is on probation may be disclosed under subdivision 
  5.23  3, clause (i) or (1), to the juvenile justice system: 
  5.24     (1) (3) use of a controlled substance, alcohol, or tobacco; 
  5.25     (2) (4) assaultive or threatening conduct that could result 
  5.26  in dismissal from school under section 121A.45, subdivision 2, 
  5.27  clause (b) or (c) as defined in subdivision 1; 
  5.28     (3) (5) possession or use of weapons or look-alike weapons; 
  5.29     (4) (6) participation in gang activity as defined by the 
  5.30  criminal gang oversight council under section 299A.64, in 
  5.31  subdivision 2, paragraph (b) 1; 
  5.32     (7) participation in bias-motivated acts; 
  5.33     (5) (8) theft; or 
  5.34     (6) (9) vandalism or other damage to property. 
  5.35     Any request for access to data under this paragraph must 
  5.36  contain an explanation of why access to the data is necessary to 
  6.1   serve the student or to protect students or staff.  
  6.2      (e) A principal is not required to create data under this 
  6.3   subdivision.  Information provided in response to a data request 
  6.4   under paragraph (d) shall indicate only whether the data 
  6.5   described in paragraph (d) exists.  The principal is not 
  6.6   authorized under paragraph (d) to disclose the actual data or 
  6.7   other information contained in the education records.  A 
  6.8   principal is not required to provide data that are protected by 
  6.9   a court order.  A principal must respond to a data request 
  6.10  within ten days.  
  6.11     (c) (f) A superintendent of a school district or chief 
  6.12  administrative officer of a school principal who discloses 
  6.13  information about a student to the juvenile justice system under 
  6.14  this paragraph subdivision shall, to the extent permitted by 
  6.15  federal law, notify the student's parent or guardian of the 
  6.16  disclosure. 
  6.17     (d) (g) Nothing in this subdivision shall limit the 
  6.18  disclosure of educational data pursuant to court order. 
  6.19     (h) A school district, its agents, and employees who 
  6.20  provide data in good faith under this subdivision are not liable 
  6.21  for compensatory or exemplary damages or an award of attorney 
  6.22  fees in an action under section 13.08 or other law, or for a 
  6.23  penalty under section 13.09.  
  6.24     (i) Section 13.03, subdivision 4, applies to data that are 
  6.25  shared under this subdivision with a government entity.  If data 
  6.26  are shared with a member of the juvenile justice system who is 
  6.27  not a government entity, the person receiving the shared data 
  6.28  must treat the data consistent with the requirements of this 
  6.29  chapter applicable to a government entity.  
  6.30     (j) A member of the juvenile justice system who falsely 
  6.31  certifies a request for data under this section is subject to 
  6.32  the penalties under section 13.09. 
  6.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  6.34  following final enactment and applies to the 2002-2003 school 
  6.35  year and later.  
  6.36     Sec. 4.  Minnesota Statutes 2000, section 13.32, is amended 
  7.1   by adding a subdivision to read: 
  7.2      Subd. 9.  [FORMS.] To make a data request under subdivision 
  7.3   8, paragraph (d), a member of the juvenile justice system must 
  7.4   use the following form: 
  7.5                     <b> </b>REQUEST FOR INFORMATION 
  7.6           <b> </b>Family Educational Rights and Privacy Act/ 
  7.7              Minnesota Government Data Practices Act 
  7.8   DATE/TIME OF REQUEST ............................ 
  7.9   TO:  ........................................ 
  7.10           (Superintendent of school district 
  7.11            or chief administrative officer of school) 
  7.12  FROM:    ........................................ 
  7.13           (Requester's name/agency) 
  7.14  STUDENT:  ....................................... 
  7.15  BASIS FOR REQUEST 
  7.16   ... Juvenile delinquency investigation/prosecution 
  7.17   ... Child protection assessment/investigation 
  7.18   ... Investigation/filing of CHIPS or delinquency petition 
  7.19  REASON FOR REQUEST (requester must describe why information 
  7.20  regarding existence of the data marked below is necessary to 
  7.21  effectively serve the student)...................................
  7.22  .................................................................
  7.23  .................................................................
  7.24  .................................................................
  7.25  RESPONSE TO REQUEST 
  7.26     The school must indicate whether it has data on the student 
  7.27  that document any activity or behavior marked by the requester.  
  7.28  INFORMATION REQUESTED (mark all that apply)             RESPONSE
  7.29  Indicate whether you have data
  7.30  that document the student's:                         (yes or no)
  7.31   ... receipt of medication at school according 
  7.32       to Minnesota Statutes, section 121A.22                ....
  7.33   ... participation in an individualized education 
  7.34       program under Code of Federal Regulations, 
  7.35       title 34, section 300.500 et seq., if it is 
  7.36       alleged that the student has committed a crime        ....
  7.37   ... use of a controlled substance, alcohol, 
  7.38       or tobacco                                            ....
  7.39   ... assaultive or threatening conduct as defined 
  7.40       in Minnesota Statutes, section 13.32, 
  7.41       subdivision 1                                         ....
  8.1    ... possession or use of weapons or look-alike 
  8.2        weapons                                               ....
  8.3    ... participation in gang activities as defined 
  8.4        in Minnesota Statutes, section 13.32, 
  8.5        subdivision 1                                         ....
  8.6    ... participation in bias-motivated acts                  ....
  8.7    ... theft                                                 ....
  8.8    ... vandalism and damage to property                      ....
  8.9   CERTIFICATION:  The undersigned certifies that the undersigned 
  8.10  is a member of the juvenile justice system as defined by 
  8.11  Minnesota Statutes, section 13.32, subdivision 1.  The requested 
  8.12  data are needed by the juvenile justice system so it may 
  8.13  effectively serve, prior to adjudication, the student whose 
  8.14  records are released.  The undersigned will not disclose the 
  8.15  information received to any other party, except as provided 
  8.16  under state law, without prior written consent as required by 
  8.17  Code of Federal Regulations, title 34, section 99.38(b).  The 
  8.18  undersigned further certifies that the undersigned understands 
  8.19  that by signing this request, the undersigned is subject to the 
  8.20  penalties in Minnesota Statutes, section 13.09. 
  8.21  .......................................................
  8.22  Signature/Title 
  8.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  8.24  following final enactment and applies to the 2002-2003 school 
  8.25  year and later.  
  8.26     Sec. 5.  Minnesota Statutes 2000, section 121A.75, is 
  8.27  amended to read: 
  8.28     121A.75 [RECEIPT OF DISPOSITION ORDER RECORDS; SHARING.] 
  8.29     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  8.30  section "principal" means a principal or other person having 
  8.31  general administrative control and supervision of a school. 
  8.32     (b) For purposes of this section, "school" means a public 
  8.33  school under section 120A.22, subdivision 4; a nonpublic school 
  8.34  under section 120A.22, subdivision 4, that elects to comply with 
  8.35  this section; and a charter school under section 124D.10, but 
  8.36  does not mean a home school. 
  8.37     Subd. 2.  [DISPOSITION ORDERS.] (a) On receipt of a 
  8.38  disposition order under section 260B.171, subdivision 3, the 
  9.1   superintendent of the student's school district or chief 
  9.2   administrative officer of the student's school must immediately 
  9.3   transmit the order to the principal of the school where the 
  9.4   student is in attendance.  The principal must place the 
  9.5   disposition order in the student's permanent education record.  
  9.6   The principal must also immediately notify any counselor 
  9.7   directly supervising or reporting on the behavior or progress of 
  9.8   the student.  In addition, the principal must immediately notify 
  9.9   any teacher or administrator who directly supervises or reports 
  9.10  on the behavior or progress of the student whom the principal 
  9.11  believes needs the data to work with the student in an 
  9.12  appropriate manner, to avoid being needlessly vulnerable, or to 
  9.13  protect other persons from needless vulnerability.  The 
  9.14  principal may also notify other district employees, substitutes, 
  9.15  and volunteers who are in direct contact with the student, if 
  9.16  they determine these individuals need the data to work with the 
  9.17  student in an appropriate manner, to avoid being needlessly 
  9.18  vulnerable, or to protect other persons from needless 
  9.19  vulnerability.  When provided in the disposition order, the 
  9.20  notice given under this paragraph by the principal must identify 
  9.21  the student, outline the offense, and describe any conditions of 
  9.22  probation about which the school must provide information.  
  9.23     (c) (b) Information received under this subdivision is 
  9.24  private data on individuals as defined in section 13.32 and is 
  9.25  received for the limited purpose of serving the educational 
  9.26  needs of the student and protecting students or staff.  The data 
  9.27  may not be further disseminated by the teacher, counselor, staff 
  9.28  member, administrator, substitute, or volunteer;, except as 
  9.29  necessary to serve the student, to protect students or staff, or 
  9.30  as otherwise required by law, and only to the following persons: 
  9.31     (1) the student; or 
  9.32     (2) the student's parent or guardian; 
  9.33     (3) law enforcement officers; or 
  9.34     (4) the student's probation officer. 
  9.35     (d) (c) If a student is removed from school as part of the 
  9.36  disposition order, the superintendent of the student's school 
 10.1   district or chief administrative officer of the student's school 
 10.2   must maintain the copy of the order in a secure file and shall 
 10.3   notify the principal when the student is returned to school.  If 
 10.4   the student is returned to a different school district or 
 10.5   school, the student's probation officer must send a copy of the 
 10.6   disposition order to the superintendent of the new school 
 10.7   district or the chief administrative officer of the new school. 
 10.8      (e) (d) The disposition order must be included if the 
 10.9   student's permanent education record is released to another 
 10.10  school district or educational entity to which the student is 
 10.11  transferring under section 120A.22, subdivision 7. 
 10.12     (f) (e) Notwithstanding section 138.17, a disposition order 
 10.13  received under section 260B.171, subdivision 3, paragraph (a), 
 10.14  must be destroyed when the student graduates from school or at 
 10.15  the end of the school year in which the student reaches age 23, 
 10.16  whichever is earlier.  A disposition order received under 
 10.17  section 260B.171, subdivision 3, paragraph (b), must be 
 10.18  destroyed when the student is discharged from probation.  
 10.19     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Upon 
 10.20  receiving a law enforcement agency notice required by section 
 10.21  260B.171, subdivision 5, the superintendent of the student's 
 10.22  school district or chief administrative officer of the student's 
 10.23  school must immediately notify the principal of the school that 
 10.24  the student attends.  The principal must place the notice in the 
 10.25  student's permanent education record.  The principal must 
 10.26  immediately notify any teacher, counselor, staff member, or 
 10.27  administrator directly supervising the student whom the 
 10.28  principal believes needs the data to work with the student in an 
 10.29  appropriate manner, to avoid being needlessly vulnerable, or to 
 10.30  protect other persons from needless vulnerability.  The 
 10.31  principal also may notify a substitute or volunteer who is in 
 10.32  direct contact with the student if the principal determines this 
 10.33  individual needs the data to work with the student in an 
 10.34  appropriate manner or to avoid being needlessly vulnerable, or 
 10.35  to protect other persons from needless vulnerability.  When 
 10.36  provided in the peace officer notice, the principal's notice 
 11.1   must identify the student and describe the alleged offense. 
 11.2      (b) Data received under this subdivision are private data 
 11.3   on individuals under section 13.32 and are received for the 
 11.4   limited purpose of serving the student's educational needs and 
 11.5   protecting students or staff.  The teacher, counselor, staff 
 11.6   member, administrator, substitute, or volunteer must not further 
 11.7   disseminate the data, except to communicate with the student or 
 11.8   the student's parent or guardian as needed to serve the student, 
 11.9   protect students or staff, or as otherwise required by law.  
 11.10     (c) The principal must include the notice in the student's 
 11.11  permanent education record if that record is released under 
 11.12  section 120A.22, subdivision 7, to another school district or 
 11.13  educational entity to which the student is transferring. 
 11.14     (d) If the county attorney determines not to proceed with a 
 11.15  petition alleging any offense in section 260B.171, subdivision 
 11.16  3, paragraph (a), clauses (1) to (3), or directs the student 
 11.17  into a diversion or mediation program, the county attorney must 
 11.18  notify the superintendent of the student's school district, or 
 11.19  the chief administrative officer of the school that the student 
 11.20  attends.  The notice must contain the name of the student and a 
 11.21  summary of the resolution of the case.  The superintendent or 
 11.22  chief administrative officer must send the notice to the 
 11.23  principal of the school that the student attends.  The principal 
 11.24  must delete the peace officer's report and notice from the 
 11.25  student's permanent record and make reasonable efforts to notify 
 11.26  any teacher, counselor, staff member, administrator, substitute, 
 11.27  or volunteer who received data from the peace officer notice.  
 11.28     (e) If the juvenile court makes a decision on a petition 
 11.29  that alleges any offense in section 260B.171, subdivision 3, 
 11.30  paragraph (a), clauses (1) to (3), and the decision affects a 
 11.31  student and is not a disposition order, the court must notify 
 11.32  the superintendent of the school district or chief 
 11.33  administrative officer of the school that the student attends of 
 11.34  the decision.  The superintendent or chief administrative 
 11.35  officer must notify the principal of the school where the 
 11.36  student attends.  The principal must delete the peace officer's 
 12.1   report and notice from the student's permanent record and make 
 12.2   reasonable efforts to notify any teacher, counselor, staff 
 12.3   member, administrator, substitute, or volunteer who received 
 12.4   data from the peace officer notice.  
 12.5      (f) Notwithstanding section 138.17, a principal must 
 12.6   destroy data from a law enforcement agency notice when the 
 12.7   student graduates from high school or at the end of the academic 
 12.8   year when the student reaches age 23, whichever date is earlier. 
 12.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 12.10  following final enactment and applies to the 2002-2003 school 
 12.11  year and later.  
 12.12     Sec. 6.  Minnesota Statutes 2001 Supplement, section 
 12.13  124D.10, subdivision 8, is amended to read: 
 12.14     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
 12.15  school shall meet all applicable state and local health and 
 12.16  safety requirements. 
 12.17     (b) A school sponsored by a school board may be located in 
 12.18  any district, unless the school board of the district of the 
 12.19  proposed location disapproves by written resolution.  
 12.20     (c) A charter school must be nonsectarian in its programs, 
 12.21  admission policies, employment practices, and all other 
 12.22  operations.  A sponsor may not authorize a charter school or 
 12.23  program that is affiliated with a nonpublic sectarian school or 
 12.24  a religious institution. 
 12.25     (d) Charter schools must not be used as a method of 
 12.26  providing education or generating revenue for students who are 
 12.27  being home-schooled. 
 12.28     (e) The primary focus of a charter school must be to 
 12.29  provide a comprehensive program of instruction for at least one 
 12.30  grade or age group from five through 18 years of age.  
 12.31  Instruction may be provided to people younger than five years 
 12.32  and older than 18 years of age. 
 12.33     (f) A charter school may not charge tuition. 
 12.34     (g) A charter school is subject to and must comply with 
 12.35  chapter 363 and section 121A.04. 
 12.36     (h) A charter school is subject to and must comply with the 
 13.1   Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
 13.2   Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
 13.3      (i) A charter school is subject to the same financial 
 13.4   audits, audit procedures, and audit requirements as a district.  
 13.5   Audits must be conducted in compliance with generally accepted 
 13.6   governmental auditing standards, the Federal Single Audit Act, 
 13.7   if applicable, and section 6.65.  A charter school is subject to 
 13.8   and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
 13.9   118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
 13.10  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
 13.11  4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
 13.12  comply with the requirements of sections 123B.75 to 123B.83, 
 13.13  except to the extent deviations are necessary because of the 
 13.14  program at the school.  Deviations must be approved by the 
 13.15  commissioner.  The department of children, families, and 
 13.16  learning, state auditor, or legislative auditor may conduct 
 13.17  financial, program, or compliance audits.  A charter school 
 13.18  determined to be in statutory operating debt under sections 
 13.19  123B.81 to 123B.83 must submit a plan under section 123B.81, 
 13.20  subdivision 4. 
 13.21     (j) A charter school is a district for the purposes of tort 
 13.22  liability under chapter 466. 
 13.23     (k) A charter school must comply with sections 13.32, 
 13.24  121A.75, and 260B.171, subdivisions 3 and 5. 
 13.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 13.26  following final enactment and applies to the 2002-2003 school 
 13.27  year and later.  
 13.28     Sec. 7.  Minnesota Statutes 2000, section 260B.171, 
 13.29  subdivision 3, is amended to read: 
 13.30     Subd. 3.  [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a 
 13.31  juvenile is enrolled in school, the juvenile's probation officer 
 13.32  shall transmit a copy of the court's disposition order to the 
 13.33  superintendent of the juvenile's school district or the chief 
 13.34  administrative officer of the juvenile's school if the juvenile 
 13.35  has been adjudicated delinquent for committing an act on the 
 13.36  school's property or an act: 
 14.1      (1) that would be a violation of section 609.185 
 14.2   (first-degree murder); 609.19 (second-degree murder); 609.195 
 14.3   (third-degree murder); 609.20 (first-degree manslaughter); 
 14.4   609.205 (second-degree manslaughter); 609.21 (criminal vehicular 
 14.5   homicide and injury); 609.221 (first-degree assault); 609.222 
 14.6   (second-degree assault); 609.223 (third-degree assault); 
 14.7   609.2231 (fourth-degree assault); 609.224 (fifth-degree 
 14.8   assault); 609.2242 (domestic assault); 609.24 (simple robbery); 
 14.9   609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 
 14.10  (false imprisonment); 609.342 (first-degree criminal sexual 
 14.11  conduct); 609.343 (second-degree criminal sexual conduct); 
 14.12  609.344 (third-degree criminal sexual conduct); 609.345 
 14.13  (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree 
 14.14  criminal sexual conduct); 609.498 (tampering with a witness); 
 14.15  609.561 (first-degree arson); 609.582, subdivision 1 or 2 
 14.16  (burglary); 609.713 (terroristic threats); or 609.749 
 14.17  (harassment and stalking), if committed by an adult; 
 14.18     (2) that would be a violation of section 152.021 
 14.19  (first-degree controlled substance crime); 152.022 
 14.20  (second-degree controlled substance crime); 152.023 
 14.21  (third-degree controlled substance crime); 152.024 
 14.22  (fourth-degree controlled substance crime); 152.025 
 14.23  (fifth-degree controlled substance crime); 152.0261 (importing a 
 14.24  controlled substance); or 152.027 (other controlled substance 
 14.25  offenses), if committed by an adult; or 
 14.26     (3) that involved the possession or use of a dangerous 
 14.27  weapon as defined in section 609.02, subdivision 6. 
 14.28     When a disposition order is transmitted under this 
 14.29  subdivision, the probation officer shall notify the juvenile's 
 14.30  parent or legal guardian that the disposition order has been 
 14.31  shared with the juvenile's school. 
 14.32     (b) In addition, the juvenile's probation officer may 
 14.33  transmit a copy of the court's disposition order to the 
 14.34  superintendent of the juvenile's school district or the chief 
 14.35  administrative officer of the juvenile's school if the juvenile 
 14.36  has been adjudicated delinquent for offenses not listed in 
 15.1   paragraph (a) and placed on probation.  The probation officer 
 15.2   shall notify the superintendent or chief administrative officer 
 15.3   when the juvenile is discharged from probation.  
 15.4      (c) The disposition order must be accompanied by a notice 
 15.5   to the school that the school may obtain additional information 
 15.6   from the juvenile's probation officer with the consent of the 
 15.7   juvenile or the juvenile's parents, as applicable.  The 
 15.8   disposition order must be maintained, shared, or released only 
 15.9   as provided in section 121A.07 121A.75. 
 15.10     (d) The juvenile's probation officer shall maintain a 
 15.11  record of disposition orders released under this subdivision and 
 15.12  the basis for the release. 
 15.13     (e) No later than September 1, 2002, the criminal and 
 15.14  juvenile justice information policy group, in consultation with 
 15.15  representatives of probation officers and educators, shall 
 15.16  prepare standard forms for use by juvenile probation officers in 
 15.17  forwarding information to schools under this subdivision and in 
 15.18  maintaining a record of the information that is released.  The 
 15.19  group shall provide to the legislature by January 15, 2003, 
 15.20  copies of all forms and procedures it develops under this 
 15.21  paragraph.  
 15.22     (f) As used in this subdivision, "school" means a charter 
 15.23  school under section 124D.10 or a school as defined in section 
 15.24  120A.22, subdivision 4, except a home school. 
 15.25     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 15.26  following final enactment and applies to the 2002-2003 school 
 15.27  year and later.  
 15.28     Sec. 8.  Minnesota Statutes 2000, section 260B.171, 
 15.29  subdivision 5, is amended to read: 
 15.30     Subd. 5.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 15.31  for records relating to an offense where proceedings are public 
 15.32  under section 260B.163, subdivision 1, peace officers' records 
 15.33  of children who are or may be delinquent or who may be engaged 
 15.34  in criminal acts shall be kept separate from records of persons 
 15.35  18 years of age or older and are private data but shall be 
 15.36  disseminated:  (1) by order of the juvenile court, (2) as 
 16.1   required by section 121A.28, (3) as authorized under section 
 16.2   13.82, subdivision 2, (4) to the child or the child's parent or 
 16.3   guardian unless disclosure of a record would interfere with an 
 16.4   ongoing investigation, (5) to the Minnesota crime victims 
 16.5   reparations board as required by section 611A.56, subdivision 2, 
 16.6   clause (f), for the purpose of processing claims for crime 
 16.7   victims reparations, or (6) as otherwise provided in this 
 16.8   subdivision.  Except as provided in paragraph (c), no 
 16.9   photographs of a child taken into custody may be taken without 
 16.10  the consent of the juvenile court unless the child is alleged to 
 16.11  have violated section 169A.20.  Peace officers' records 
 16.12  containing data about children who are victims of crimes or 
 16.13  witnesses to crimes must be administered consistent with section 
 16.14  13.82, subdivisions 2, 3, 4, and 10.  Any person violating any 
 16.15  of the provisions of this subdivision shall be guilty of a 
 16.16  misdemeanor. 
 16.17     In the case of computerized records maintained about 
 16.18  juveniles by peace officers, the requirement of this subdivision 
 16.19  that records about juveniles must be kept separate from adult 
 16.20  records does not mean that a law enforcement agency must keep 
 16.21  its records concerning juveniles on a separate computer system.  
 16.22  Law enforcement agencies may keep juvenile records on the same 
 16.23  computer as adult records and may use a common index to access 
 16.24  both juvenile and adult records so long as the agency has in 
 16.25  place procedures that keep juvenile records in a separate place 
 16.26  in computer storage and that comply with the special data 
 16.27  retention and other requirements associated with protecting data 
 16.28  on juveniles. 
 16.29     (b) Nothing in this subdivision prohibits the exchange of 
 16.30  information by law enforcement agencies if the exchanged 
 16.31  information is pertinent and necessary for law enforcement 
 16.32  purposes. 
 16.33     (c) A photograph may be taken of a child taken into custody 
 16.34  pursuant to section 260B.175, subdivision 1, clause (b), 
 16.35  provided that the photograph must be destroyed when the child 
 16.36  reaches the age of 19 years.  The commissioner of corrections 
 17.1   may photograph juveniles whose legal custody is transferred to 
 17.2   the commissioner.  Photographs of juveniles authorized by this 
 17.3   paragraph may be used only for institution management purposes, 
 17.4   case supervision by parole agents, and to assist law enforcement 
 17.5   agencies to apprehend juvenile offenders.  The commissioner 
 17.6   shall maintain photographs of juveniles in the same manner as 
 17.7   juvenile court records and names under this section. 
 17.8      (d) Traffic investigation reports are open to inspection by 
 17.9   a person who has sustained physical harm or economic loss as a 
 17.10  result of the traffic accident.  Identifying information on 
 17.11  juveniles who are parties to traffic accidents may be disclosed 
 17.12  as authorized under section 13.82, subdivision 4, and accident 
 17.13  reports required under section 169.09 may be released under 
 17.14  section 169.09, subdivision 13, unless the information would 
 17.15  identify a juvenile who was taken into custody or who is 
 17.16  suspected of committing an offense that would be a crime if 
 17.17  committed by an adult, or would associate a juvenile with the 
 17.18  offense, and the offense is not an adult court traffic offense 
 17.19  under section 260B.225. 
 17.20     (e) The head of a law enforcement agency or a person 
 17.21  specifically delegated the duty by the head of the law 
 17.22  enforcement agency shall notify the principal superintendent of 
 17.23  the student's school district or chief administrative officer of 
 17.24  a juvenile's school of an incident occurring within the agency's 
 17.25  jurisdiction if: 
 17.26     (1) the agency has probable cause to believe that the 
 17.27  juvenile has committed an offense that would be a crime if 
 17.28  committed as an adult, that the victim of the offense is a 
 17.29  student or staff member of the school, and that notice to the 
 17.30  school is reasonably necessary for the protection of the victim; 
 17.31  or 
 17.32     (2) the agency has probable cause to believe that the 
 17.33  juvenile has committed an offense described in subdivision 3, 
 17.34  paragraph (a), clauses (1) to (3), that would be a crime if 
 17.35  committed by an adult, regardless of whether the victim is a 
 17.36  student or staff member of the school. 
 18.1      A law enforcement agency is not required to notify the 
 18.2   school under this paragraph if the agency determines that notice 
 18.3   would jeopardize an ongoing investigation.  Notwithstanding 
 18.4   section 138.17, data from a notice received from a law 
 18.5   enforcement agency under this paragraph must be destroyed when 
 18.6   the juvenile graduates from the school or at the end of the 
 18.7   academic year when the juvenile reaches age 23, whichever date 
 18.8   is earlier.  For purposes of this paragraph, "school" means a 
 18.9   public or private elementary, middle, or secondary, or charter 
 18.10  school. 
 18.11     (f) In any county in which the county attorney operates or 
 18.12  authorizes the operation of a juvenile prepetition or pretrial 
 18.13  diversion program, a law enforcement agency or county attorney's 
 18.14  office may provide the juvenile diversion program with data 
 18.15  concerning a juvenile who is a participant in or is being 
 18.16  considered for participation in the program. 
 18.17     (g) Upon request of a local social services agency, peace 
 18.18  officer records of children who are or may be delinquent or who 
 18.19  may be engaged in criminal acts may be disseminated to the 
 18.20  agency to promote the best interests of the subject of the data. 
 18.21     (h) Upon written request, the prosecuting authority shall 
 18.22  release investigative data collected by a law enforcement agency 
 18.23  to the victim of a criminal act or alleged criminal act or to 
 18.24  the victim's legal representative, except as otherwise provided 
 18.25  by this paragraph.  Data shall not be released if: 
 18.26     (1) the release to the individual subject of the data would 
 18.27  be prohibited under section 13.821; or 
 18.28     (2) the prosecuting authority reasonably believes: 
 18.29     (i) that the release of that data will interfere with the 
 18.30  investigation; or 
 18.31     (ii) that the request is prompted by a desire on the part 
 18.32  of the requester to engage in unlawful activities.  
 18.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 18.34  following final enactment and applies to the 2002-2003 school 
 18.35  year and later.  
 18.36     Sec. 9.  Minnesota Statutes 2000, section 260B.171, is 
 19.1   amended by adding a subdivision to read: 
 19.2      Subd. 9.  [TRAINING RESPONSIBILITIES.] The office of the 
 19.3   court administrator is responsible for training all judges and 
 19.4   court services personnel in their responsibilities under 
 19.5   subdivision 3 and section 13.32.  The department of public 
 19.6   safety is responsible for training all law enforcement personnel 
 19.7   in their responsibilities under subdivision 5 and section 13.32. 
 19.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 19.9   following final enactment and applies to the 2002-2003 school 
 19.10  year and later.