Minnesota 2023-2024 Regular Session

Minnesota House Bill HF321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to government data practices; limiting the educational data that may be
3	3		1.3 designated as publicly available directory information; allowing private educational
4		-	1.4 data to be shared with ~~public libraries;~~ ~~amending Minnesota Statutes 2022,~~ ~~section~~
5		-	1.5 13.32, subdivisions 3, 5.
	4	+	1.4 data to be shared with government entities having a legitimate education interest
	5	+	1.5 in the data; amending Minnesota Statutes 2022, section 13.32, subdivisions 3, 5.
6	6		1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7		1.7 Section 1. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
8	8		1.8 Subd. 3.Private data; when disclosure is permitted.Except as provided in subdivision
9	9		1.95, educational data is private data on individuals and shall not be disclosed except as follows:
10	10		1.10 (a) pursuant to section 13.05;
11	11		1.11 (b) pursuant to a valid court order;
12	12		1.12 (c) pursuant to a statute specifically authorizing access to the private data;
13	13		1.13 (d) to disclose information in health, including mental health, and safety emergencies
14	14		1.14pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
15	15		1.15of Federal Regulations, title 34, section 99.36;
16	16		1.16 (e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
17	17		1.17(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
18	18		1.18title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
19	19		1.19 (f) to appropriate health authorities to the extent necessary to administer immunization
20	20		1.20programs and for bona fide epidemiologic investigations which the commissioner of health
21	21		1.21determines are necessary to prevent disease or disability to individuals in the public
22	22		1.22educational agency or institution in which the investigation is being conducted;
23	23		1Section 1.
24		-	REVISOR JFK H0321-1HF321 FIRST ENGROSSMENT
25		-	15
26		-	Printed
27		-	Page No.State of Minnesota
	24	+	REVISOR JFK/CH 23-0080612/16/22
	25	+	State of Minnesota
28	26		This Document can be made available
29	27		in alternative formats upon request
30	28		HOUSE OF REPRESENTATIVES
31	29		H. F. No. 321
32	30		NINETY-THIRD SESSION
33	31		Authored by Becker-Finn01/11/2023
34		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
35		-	Adoption of Report: Placed on the General Register as Amended01/19/2023
36		-	Read for the Second Time 2.1 (g) when disclosure is required for institutions that participate in a program under title
	32	+	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
37	33		2.2IV of the Higher Education Act, United States Code, title 20, section 1092;
38	34		2.3 (h) to the appropriate school district officials to the extent necessary under subdivision
39	35		2.46, annually to indicate the extent and content of remedial instruction, including the results
40	36		2.5of assessment testing and academic performance at a postsecondary institution during the
41	37		2.6previous academic year by a student who graduated from a Minnesota school district within
42	38		2.7two years before receiving the remedial instruction;
43	39		2.8 (i) to appropriate authorities as provided in United States Code, title 20, section
44	40		2.91232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
45	41		2.10system to effectively serve, prior to adjudication, the student whose records are released;
46	42		2.11provided that the authorities to whom the data are released submit a written request for the
47	43		2.12data that certifies that the data will not be disclosed to any other person except as authorized
48	44		2.13by law without the written consent of the parent of the student and the request and a record
49	45		2.14of the release are maintained in the student's file;
50	46		2.15 (j) to volunteers who are determined to have a legitimate educational interest in the data
51	47		2.16and who are conducting activities and events sponsored by or endorsed by the educational
52	48		2.17agency or institution for students or former students;
53	49		2.18 (k) to provide student recruiting information, from educational data held by colleges
54	50		2.19and universities, as required by and subject to Code of Federal Regulations, title 32, section
55	51		2.20216;
56	52		2.21 (l) to the juvenile justice system if information about the behavior of a student who poses
57	53		2.22a risk of harm is reasonably necessary to protect the health or safety of the student or other
58	54		2.23individuals;
59	55		2.24 (m) with respect to Social Security numbers of students in the adult basic education
60	56		2.25system, to Minnesota State Colleges and Universities and the Department of Employment
61	57		2.26and Economic Development for the purpose and in the manner described in section 124D.52,
62	58		2.27subdivision 7;
63	59		2.28 (n) to the commissioner of education for purposes of an assessment or investigation of
64	60		2.29a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
65	61		2.30by the commissioner of education, data that are relevant to a report of maltreatment and are
66	62		2.31from charter school and school district investigations of alleged maltreatment of a student
67	63		2.32must be disclosed to the commissioner, including, but not limited to, the following:
68	64		2.33 (1) information regarding the student alleged to have been maltreated;
69	65		2Section 1.
70		-	REVISOR JFK ~~H0321-1~~~~HF321 FIRST ENGROSSMENT~~ 3.1 (2) information regarding student and employee witnesses;
	66	+	REVISOR JFK/CH 23-0080612/16/22 3.1 (2) information regarding student and employee witnesses;
71	67		3.2 (3) information regarding the alleged perpetrator; and
72	68		3.3 (4) what corrective or protective action was taken, if any, by the school facility in response
73	69		3.4to a report of maltreatment by an employee or agent of the school or school district;
74	70		3.5 (o) when the disclosure is of the final results of a disciplinary proceeding on a charge
75	71		3.6of a crime of violence or nonforcible sex offense to the extent authorized under United
76	72		3.7States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
77	73		3.8title 34, sections 99.31(a)(13) and (14);
78	74		3.9 (p) when the disclosure is information provided to the institution under United States
79	75		3.10Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
80	76		3.11under United States Code, title 20, section 1232g(b)(7); or
81	77		3.12 (q) when the disclosure is to a parent of a student at an institution of postsecondary
82	78		3.13education regarding the student's violation of any federal, state, or local law or of any rule
83	79		3.14or policy of the institution, governing the use or possession of alcohol or of a controlled
84	80		3.15substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
85	81		3.16Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
86	82		3.17an information release form signed by the student authorizing disclosure to a parent. The
87	83		3.18institution must notify parents and students about the purpose and availability of the
88	84		3.19information release forms. At a minimum, the institution must distribute the information
89	85		3.20release forms at parent and student orientation meetings.; or
90	86		3.21 (r) a student's name, home address, telephone number, email address, or other personal
91		-	3.22contact information may be disclosed to a public library for purposes of issuing a library
92		-	3.23card to the student.
93		-	3.24 Sec. 2. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
94		-	3.25 Subd. 5.Directory information.Information (a) Educational data designated as directory
95		-	3.26information is public data on individuals to the extent required under federal law. Directory
96		-	3.27information must be designated pursuant to the provisions of:
97		-	3.28 (1) this subdivision; and
98		-	3.29 (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
99		-	3.3034, section 99.37, which are were in effect on January 3, 2012, is public data on individuals,
100		-	3.31to the extent required under federal law.
	87	+	3.22contact information may be disclosed to a government entity that is determined to have a
	88	+	3.23legitimate educational interest in the data and that is conducting a service, activity, or event
	89	+	3.24sponsored by or endorsed by the educational agency or institution for students or former
	90	+	3.25students.
	91	+	3.26 Sec. 2. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
	92	+	3.27 Subd. 5.Directory information.Information (a) Educational data designated as directory
	93	+	3.28information is public data on individuals to the extent required under federal law. Directory
	94	+	3.29information must be designated pursuant to the provisions of:
	95	+	3.30 (1) this subdivision; and
101	96		3Sec. 2.
102		-	REVISOR JFK H0321-1HF321 FIRST ENGROSSMENT 4.1 (b) When conducting the directory information designation and notice process required
103		-	4.2by federal law, an educational agency or institution shall give parents and students notice
104		-	4.3of the right to refuse to let the agency or institution designate any or all specified data about
105		-	4.4the student as directory information. This notice may be given by any means reasonably
106		-	4.5likely to inform the parents and students of the right.
107		-	4.6 (c) An educational agency or institution may not designate a student's home address,
108		-	4.7telephone number, email address, or other personal contact information as directory
109		-	4.8information under this subdivision. This paragraph does not apply to a postsecondary
110		-	4.9institution.
111		-	4.10 Sec. 3. EFFECTIVE DATE.
112		-	4.11 This act is effective the day following final enactment. Beginning upon the effective
113		-	4.12date of this act, a student's personal contact information subject to this act must be treated
114		-	4.13by an educational agency or institution as private educational data under Minnesota Statutes,
115		-	4.14section 13.32, regardless of whether that contact information was previously designated as
116		-	4.15directory information under Minnesota Statutes, section 13.32, subdivision 5.
	97	+	REVISOR JFK/CH 23-0080612/16/22 4.1 (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
	98	+	4.234, section 99.37, which are were in effect on January 3, 2012, is public data on individuals,
	99	+	4.3to the extent required under federal law.
	100	+	4.4 (b) When conducting the directory information designation and notice process required
	101	+	4.5by federal law, an educational agency or institution shall give parents and students notice
	102	+	4.6of the right to refuse to let the agency or institution designate any or all specified data about
	103	+	4.7the student as directory information. This notice may be given by any means reasonably
	104	+	4.8likely to inform the parents and students of the right.
	105	+	4.9 (c) An educational agency or institution may not designate a student's home address,
	106	+	4.10telephone number, email address, or other personal contact information as directory
	107	+	4.11information under this subdivision. This paragraph does not apply to a postsecondary
	108	+	4.12institution.
	109	+	4.13 Sec. 3. EFFECTIVE DATE.
	110	+	4.14 This act is effective the day following final enactment. Beginning upon the effective
	111	+	4.15date of this act, a student's personal contact information subject to this act must be treated
	112	+	4.16by an educational agency or institution as private educational data under Minnesota Statutes,
	113	+	4.17section 13.32, regardless of whether that contact information was previously designated as
	114	+	4.18directory information under Minnesota Statutes, section 13.32, subdivision 5.
117	115		4Sec. 3.
118		-	REVISOR JFK ~~H0321-1~~~~HF321 FIRST ENGROSSMENT~~
	116	+	REVISOR JFK/CH 23-0080612/16/22