1.1 A bill for an act
1.2 relating to government data practices; limiting the educational data that may be
1.3 designated as publicly available directory information; allowing private educational
1.4 data to be shared with government entities having a legitimate education interest
1.5 in the data; amending Minnesota Statutes 2022, section 13.32, subdivisions 3, 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
1.8 Subd. 3.Private data; when disclosure is permitted.Except as provided in subdivision
1.95, educational data is private data on individuals and shall not be disclosed except as follows:
1.10 (a) pursuant to section 13.05;
1.11 (b) pursuant to a valid court order;
1.12 (c) pursuant to a statute specifically authorizing access to the private data;
1.13 (d) to disclose information in health, including mental health, and safety emergencies
1.14pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
1.15of Federal Regulations, title 34, section 99.36;
1.16 (e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
1.17(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
1.18title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
1.19 (f) to appropriate health authorities to the extent necessary to administer immunization
1.20programs and for bona fide epidemiologic investigations which the commissioner of health
1.21determines are necessary to prevent disease or disability to individuals in the public
1.22educational agency or institution in which the investigation is being conducted;
1Section 1.
REVISOR JFK/CH 23-0080612/16/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 321
NINETY-THIRD SESSION
Authored by Becker-Finn01/11/2023
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (g) when disclosure is required for institutions that participate in a program under title
2.2IV of the Higher Education Act, United States Code, title 20, section 1092;
2.3 (h) to the appropriate school district officials to the extent necessary under subdivision
2.46, annually to indicate the extent and content of remedial instruction, including the results
2.5of assessment testing and academic performance at a postsecondary institution during the
2.6previous academic year by a student who graduated from a Minnesota school district within
2.7two years before receiving the remedial instruction;
2.8 (i) to appropriate authorities as provided in United States Code, title 20, section
2.91232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
2.10system to effectively serve, prior to adjudication, the student whose records are released;
2.11provided that the authorities to whom the data are released submit a written request for the
2.12data that certifies that the data will not be disclosed to any other person except as authorized
2.13by law without the written consent of the parent of the student and the request and a record
2.14of the release are maintained in the student's file;
2.15 (j) to volunteers who are determined to have a legitimate educational interest in the data
2.16and who are conducting activities and events sponsored by or endorsed by the educational
2.17agency or institution for students or former students;
2.18 (k) to provide student recruiting information, from educational data held by colleges
2.19and universities, as required by and subject to Code of Federal Regulations, title 32, section
2.20216;
2.21 (l) to the juvenile justice system if information about the behavior of a student who poses
2.22a risk of harm is reasonably necessary to protect the health or safety of the student or other
2.23individuals;
2.24 (m) with respect to Social Security numbers of students in the adult basic education
2.25system, to Minnesota State Colleges and Universities and the Department of Employment
2.26and Economic Development for the purpose and in the manner described in section 124D.52,
2.27subdivision 7;
2.28 (n) to the commissioner of education for purposes of an assessment or investigation of
2.29a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
2.30by the commissioner of education, data that are relevant to a report of maltreatment and are
2.31from charter school and school district investigations of alleged maltreatment of a student
2.32must be disclosed to the commissioner, including, but not limited to, the following:
2.33 (1) information regarding the student alleged to have been maltreated;
2Section 1.
REVISOR JFK/CH 23-0080612/16/22 3.1 (2) information regarding student and employee witnesses;
3.2 (3) information regarding the alleged perpetrator; and
3.3 (4) what corrective or protective action was taken, if any, by the school facility in response
3.4to a report of maltreatment by an employee or agent of the school or school district;
3.5 (o) when the disclosure is of the final results of a disciplinary proceeding on a charge
3.6of a crime of violence or nonforcible sex offense to the extent authorized under United
3.7States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
3.8title 34, sections 99.31(a)(13) and (14);
3.9 (p) when the disclosure is information provided to the institution under United States
3.10Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
3.11under United States Code, title 20, section 1232g(b)(7); or
3.12 (q) when the disclosure is to a parent of a student at an institution of postsecondary
3.13education regarding the student's violation of any federal, state, or local law or of any rule
3.14or policy of the institution, governing the use or possession of alcohol or of a controlled
3.15substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
3.16Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
3.17an information release form signed by the student authorizing disclosure to a parent. The
3.18institution must notify parents and students about the purpose and availability of the
3.19information release forms. At a minimum, the institution must distribute the information
3.20release forms at parent and student orientation meetings.; or
3.21 (r) a student's name, home address, telephone number, email address, or other personal
3.22contact information may be disclosed to a government entity that is determined to have a
3.23legitimate educational interest in the data and that is conducting a service, activity, or event
3.24sponsored by or endorsed by the educational agency or institution for students or former
3.25students.
3.26 Sec. 2. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
3.27 Subd. 5.Directory information.Information (a) Educational data designated as directory
3.28information is public data on individuals to the extent required under federal law. Directory
3.29information must be designated pursuant to the provisions of:
3.30 (1) this subdivision; and
3Sec. 2.
REVISOR JFK/CH 23-0080612/16/22 4.1 (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
4.234, section 99.37, which are were in effect on January 3, 2012, is public data on individuals,
4.3to the extent required under federal law.
4.4 (b) When conducting the directory information designation and notice process required
4.5by federal law, an educational agency or institution shall give parents and students notice
4.6of the right to refuse to let the agency or institution designate any or all specified data about
4.7the student as directory information. This notice may be given by any means reasonably
4.8likely to inform the parents and students of the right.
4.9 (c) An educational agency or institution may not designate a student's home address,
4.10telephone number, email address, or other personal contact information as directory
4.11information under this subdivision. This paragraph does not apply to a postsecondary
4.12institution.
4.13 Sec. 3. EFFECTIVE DATE.
4.14 This act is effective the day following final enactment. Beginning upon the effective
4.15date of this act, a student's personal contact information subject to this act must be treated
4.16by an educational agency or institution as private educational data under Minnesota Statutes,
4.17section 13.32, regardless of whether that contact information was previously designated as
4.18directory information under Minnesota Statutes, section 13.32, subdivision 5.
4Sec. 3.
REVISOR JFK/CH 23-0080612/16/22