By: Margaret A. Skelton RATWIK, ROSZAK & MALONEY, P.A. Austin Public Schools

 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.

 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.

 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.

 Exception: If student is a dependent of parents for federal income taxes, may disclose educational records to parents without consent (includes majority of students.)

 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.

 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.

 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.

 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.

 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.

 Principal determines if law enforcement or outside agency may interview student.  Unless prohibit by law, principal will contact student parents.

 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

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

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

 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.

 Any physical or mental injury  Any threatened injury  Inflicted by one responsible for child’s care  Accidents excepted

 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

 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

 Reporter’s name is confidential  May not discuss report with student, student’s parent or family

 Good faith requirement  Mandated reporters/voluntary reporters  Public school employees cooperating with police/social services

FAILURE TO MAKE MANDATED REPORT IS A CRIME

FEDERAL LAW:  Title VII  Title IX STATE LAW:  Minnesota Human Rights Act

 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

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

 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

 Harming a student  Damaging a student’s property  Placing student in reasonable fear of harm  Creating hostile education environment

 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.

 Would appropriate supervision have prevented the bullying?

 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.