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DP-3. Sharing of Student Data with <br />Local Law Enforcement in <br />Emergencies <br />Issue: Minn Stat. § 13.32, subd. 3(1), <br />defines education data as private data that <br />must not be disclosed except to the juvenile <br />justice system in cases where information <br />about the behavior of a student who poses a <br />risk of harm is reasonably necessary to <br />protect the health or safety of the student or <br />other individuals. In addition, the federal <br />Family Education Rights & Privacy Act <br />(FERPA) bars schools from disclosing <br />information on student educational records <br />that contains personally identifiable <br />information without consent of a parent or <br />eligible student, with only limited <br />exceptions. <br />Minn. Stat. § 13.32 does not adequately <br />define who is responsible for making the <br />determination that an emergency or risk of <br />harm exists. As a result, school district <br />officials have interpreted the statute in <br />conjunction with the restrictions in FERPA <br />to require that the determination be made <br />solely by school officials. <br />Local police officials are often frustrated in <br />their efforts to investigate allegations of <br />criminal or other illegal activity when school <br />officials refuse, under Minn. Stat. § 13.32, <br />subd. 3(1), and FERPA, to provide <br />information to follow up such complaints or <br />to assist local police in solving crimes that <br />have already taken place. <br />School boards are responsible to have <br />policies in place that require school officials <br />to report a student who possesses an <br />unlawful firearm to law enforcement or the <br />juvenile justice system. But schools are not <br />allowed to release the name of a student in <br />dangerous weapon reports involving use or <br />possession of such weapons that are made to <br />the Minnesota Depaitinent of Education. <br />Response: Minn. Stat. § 13.32 should be <br />clarified to allow local law enforcement <br />agencies to work with school officials to <br />jointly make the determination that an <br />emergency or risk of harm exists in order <br />to enable police enforcement actions to be <br />taken in a timely manner. <br />DP-4. Disclosure of Victim Data <br />Issue: Under the Minnesota Government <br />Data Practices Act (MGDPA), the name and <br />address of a victim or casualty of an <br />accident or incident to which a law <br />enforcement agency responds is public <br />government data. In addition, the name and <br />location of the health care facility to which <br />victims or casualties are taken is public <br />government data. The MGDPA allows for a <br />crime victim to prevent the disclosure of <br />public data, but no such provision exists for <br />accident victims. Accident victims and their <br />families can be traumatized by the events <br />that caused their injuries. Publicly <br />disclosing their identities and the location <br />where they are receiving medical care places <br />a burden on families and victims who may <br />be questioned by reporters, solicited by <br />lawyers, and contacted by other members of <br />the community. While there are legitimate <br />public policy reasons to make this <br />information public, the MGDPA provides no <br />discretion for city officials and law <br />enforcement to temporarily withhold victim <br />data when releasing it is not in the best <br />interest of the victims. This not only makes <br />the initial period of recovery more difficult <br />for victims, but erodes the trust between <br />victims and state and local government. <br />Response: The Legislature should amend <br />Minn. Stat. § 13.82 to temporarily <br />prohibit the disclosure of victim data if <br />the victim or victim's family specifically <br />League of Minnesota Cities <br />2018 City Policies Page 95 <br />