THE MINNESOTA GOVERNMENT DATA PRACTICES ACT, MANDATORY REPORTING, HARASSMENT AND BULLYING

1. THE MINNESOTA GOVERNMENT DATA PRACTICES ACT, MANDATORY REPORTING, HARASSMENT AND BULLYING By: Margaret A. Skelton RATWIK, ROSZAK & MALONEY, P.A. Austin Public Schools

2. The Minnesota Government Data Practices Act • Purpose: To provide the public with access to data that is the basis for and the product of governmental decisions • Policy: Government data is presumed to be accessible by the public unless it falls within an exception created by law.

3. Educational Data • Data maintained by an educational agency or by a person acting for that agency that relates to a student. • Private Data – accessible to student and parent only. • Includes health data maintained by a school district.

4. Right to Access by Data Subject(Parent or Student) • Upon request, the parent/guardian or student has a right to receive copies of the student data. • School must use “reasonable methods” to identify parent/guardian, student or others. • Compliance with the request must be immediate, or if that is not possible, within ten days.

5. WHO IS A PARENT?

6. MINOR STUDENTS CANNOT EXCLUDE PARENTS FROM EDUCATIONAL RECORDS

7. IF STUDENT IS OVER 18 INFORMED CONSENT OF STUDENT IS NEEDED • Exception: If student is a dependent of parents for federal income taxes, may disclose educational records to parents without consent (includes majority of students.)

8. CONFERENCES • A parent or guardian may designate one additional adult to participate in a school conference and receive any data relevant to the conference. • Permission must be in writing.

9. Educational Data Can Only be Disclosed If : • Directory data. • Informed consent of the data subject. • Pursuant to a valid court order. • Pursuant to statute. • Health and safety emergencies. To health authorities for immunization programs. To juvenile justice system in some circumstances. To military recruiters. To another school where student seeks to enroll.

10. Sharing Student Information Within the District • Only to the extent necessary to educate student. • School must use “reasonable methods to only give access to those records that official has a legitimate educational interest.

11. Desk Drawer Exception • Records of instructional personnel that are in the sole possession of the maker and are not accessible or revealed to any other individual except a substitute teacher and are destroyed at the end of the year are not government data. * Does not apply to school counselor’s notes.

12. Police Liaison Officers • A police liaison officer’s status as a law enforcement officer does not overcome the rights of students, their families, or district staff as the subjects of district generated data and records. • Data collected by police liaison officers in their capacity as agents of the school district is private educational data.

13. Access to students for non-school related business • Principal determines if law enforcement or outside agency may interview student. • Unless prohibit by law, principal will contact student parents.

14. Penalties for Violation of MGDPA: • Individual may bring lawsuit seeking damages, costs and attorney’s fees. • Intentional and willful violation equals damages of $1,000- $15,000 for each violation • A criminal misdemeanor • Discipline: suspension without pay or termination

15. MANDATED REPORTERS Healing arts Social services workers Hospital administrators Child care workers Psychologists/ psychiatrists Teaching assistants Social workers Teachers School Administrators Paraprofessionals Coaches Law enforcement

16. SEXUAL ABUSE An individual who is: Responsible for the child’s care, or Significant relationship to the child, or Person in a position of authority - and - Engages in criminal sexual conduct, or Threatens sexual abuse

17. NEGLECT • Failure to provide child with necessary food, clothing, shelter or medical care when reasonably able to do so. • Failure to protect child from imminently dangerous conditions. • Failure to ensure that child is educated.

18. PHYSICAL ABUSE • Any physical or mentalinjury • Any threatened injury • Inflicted by one responsible for child’s care • Accidents excepted

19. WHEN TO REPORT • If a person who knows or has reason to believe a child is being neglected or physically or sexually abused • Abuse is current, or within last three years • Report is immediate

20. HOW TO REPORT • Immediately means ASAP, but in no event longer than 24 hours • Oral report by phone or in person to local welfare agency, police, sheriff, or if maltreatment occurred at school, to MDE • Written report within 72 hours

21. HANDLING THE REPORT • Reporter’s name is confidential • May not discuss report with student, student’s parent or family

22. IMMUNITY FROM LIABILITY • Good faith requirement • Mandated reporters/voluntary reporters • Public school employees cooperating with police/social services

23. FAILURE TO MAKE MANDATED REPORT IS A CRIME

24. SEXUAL HARASSMENT FEDERAL LAW: • Title VII • Title IX STATE LAW: • Minnesota Human Rights Act

25. WHAT IS HARASSING CONDUCT? • Severe and/or pervasive conduct • That a reasonable person would find hostile or abusive • Which alters the terms, conditions or privileges of the person’s work or educational environment

26. EXAMPLES OF POTENTIALLY HARASSING CONDUCT Physical contact Pornography Graffiti Jokes Profanity Name calling Repeated invitations Discussions of sexual/personal life

27. WHAT SHOULD YOU DO IF BEING HARASSED? • Know your rights • Review the school’s policies policy against discrimination, harassment and violence • May want to direct person to stop unwelcome behavior • Report, Report, Report

28. Student to student intimidation and bullying is prohibited

29. WHAT IS BULLYING? • Harming a student • Damaging a student’s property • Placing student in reasonable fear of harm • Creating hostile education environment

30. Schools Face Potential Liability for On-going Bullying

31. BULLYING MAY BE FORM OF HARASSMENT • School is liable under Title IX for damages if: • severe, pervasive, objectively offensive conduct occurred; and • school administrators knew and responded in deliberately indifferent manner.

32. What is Cyber-Bullying?

33. Failure to Supervise • Would appropriate supervision have prevented the bullying?

34. WHAT SHOULD YOU DO IF YOU RECEIVE A REPORT? • Take action consistent with policy. • Timely report any allegations of harassment or bullying. • Report any maltreatment of minors, if applicable. • Follow through with Principal/Human Resources to take steps calculated to end harassment.

35. Social Media and Students

36. Examples

37. GOOD LUCK FOR THE2012-2013 SCHOOL YEAR!