Maltreatment Fact Sheet
MALTREATMENT BY SCHOOL EMPLOYEES
REPORTING TO THE MINNESOTA DEPARTMENT OF EDUCATION
July 15 2005
REPORTING MALTREATMENT BY SCHOOL EMPLOYEES TO THE MINNESOTA DEPARTMENT OF EDUCATION
HIGHLIGHTS OF THE LAW
• A 1999 amendment to Minn. Stat. § 626.556, the Maltreatment of Minors Reporting Act, designated the Minnesota Department of Education (MDE) as the agency responsible for assessing or investigating allegations of child maltreatment in schools as schools are defined by Minn. Stat. § 120A.05 Subdivisions 9, 11, and 13 and Minn. Stat. § 124D.10. Minn. Stat. § 626.556, Subd. 3b.
• Mandated reports of maltreatment of school children under the age of 18 by school personnel should be made to the Student Maltreatment Program in the Division of Compliance and Assistance at the Minnesota Department of Education or to law enforcement. Reports made only to law enforcement might not be cross reported to MDE, contrary to the intent of the law. Therefore, while the law states that multiple reports are not required, MDE suggests that if schools report first to law enforcement, they also report to MDE. If the report comes first to MDE, MDE is mandated to cross report to law enforcement within 24 hours.
• Reports regarding students 18 or older who have special needs that might qualify them as vulnerable adults should be made to local law enforcement or the Vulnerable Adults unit of the local social service agency.
• Reports regarding general education students 18 or older should be made to local law enforcement.
• MDE and law enforcement are responsible for assessing and investigating reports and are required to cross report to one another.
• In conducting its assessments and investigations, MDE has the same broad powers and duties as local social service agencies when conducting child maltreatment investigations. This includes access to “relevant information necessary to conduct the assessment or investigation.” Minn. Stat. § 626.556, Subd. 10b.
• MDE has a right to access educational data and personnel data when needed for maltreatment investigations. Minn. Stat. § 13.32, Subd. 3(n), and § 13.43, Subd. 14.
• Persons who report possible maltreatment are immune from civil or criminal liability if they report in good faith. This includes school facilities and school employees who assist in MDE’s investigation or assessment. Minn. Stat. § 626.556, Subd. 4.
• Employers are prohibited from retaliating against employee reporters and are subject to actual damages and statutory financial penalties for doing so. Minn. Stat. § 626.556, Subd. 4a.
• Maltreatment includes physical abuse, sexual abuse, neglect, and mental injury as these terms are defined in the statute. Minn. Stat. § 626.556, Subd. 2(a) (c) (d).
• Mandated reporters include professionals or professionals’ delegates engaged in medicine, childcare, social services, education, psychological or psychiatric treatment, and law enforcement.
• Anyone may make a maltreatment report as a voluntary reporter.
• Mandated reporters shall report the information directly to MDE or to law enforcement. Note that the mandated reporter is directed by law to report to MDE or law enforcement, not to others such as a principal, superintendent, or human resources managers. Minn. Stat. § 626.556, Subd. 3(c).
• Mandated reporters are directed by law to report immediately upon learning of the alleged maltreatment and in no event later than 24 hours. Minn. Stat. § 626.556, Subd. 3(a) and (e).
STUDENT MALTREATMENT PROGRAM STAFF
Maltreatment of Students Telephone Reports: 651.582.8546 FAX: 651.634.2277
For direct initial reports and referrals. This line can also be used for after hours reporting by leaving a voice message.
Support Staff:
Charlene Browne charlene.browne@state.mn.us 651.582.8708
Program Supervisor:
Jennifer Alexander Jenifer.Alexander@state.mn.us 651.582.8278
Web Site: http://education.state.mn.us/html/intro_maltreat.htm
MDE School Reporting Forms are available, if schools do not have their own forms for this purpose.
MDE E-mail Updates