1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to government data practices; allowing disclosures of private student |
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3 | 3 | | 1.3 personal contact information to legislators and photographers for specified purposes; |
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4 | 4 | | 1.4 amending Minnesota Statutes 2024, section 13.32, subdivision 3. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 13.32, subdivision 3, is amended to read: |
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7 | 7 | | 1.7 Subd. 3.Private data; when disclosure is permitted.Except as provided in subdivision |
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8 | 8 | | 1.85, educational data is private data on individuals and shall not be disclosed except as follows: |
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9 | 9 | | 1.9 (a) pursuant to section 13.05; |
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10 | 10 | | 1.10 (b) pursuant to a valid court order; |
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11 | 11 | | 1.11 (c) pursuant to a statute specifically authorizing access to the private data; |
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12 | 12 | | 1.12 (d) to disclose information in health, including mental health, and safety emergencies |
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13 | 13 | | 1.13pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code |
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14 | 14 | | 1.14of Federal Regulations, title 34, section 99.36; |
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15 | 15 | | 1.15 (e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), |
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16 | 16 | | 1.16(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, |
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17 | 17 | | 1.17title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39; |
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18 | 18 | | 1.18 (f) to appropriate health authorities to the extent necessary to administer immunization |
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19 | 19 | | 1.19programs and for bona fide epidemiologic investigations which the commissioner of health |
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20 | 20 | | 1.20determines are necessary to prevent disease or disability to individuals in the public |
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21 | 21 | | 1.21educational agency or institution in which the investigation is being conducted; |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR VH/EN 25-0514803/21/25 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 3110 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by McDonald, Kresha and Hudson04/03/2025 |
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31 | 31 | | 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 |
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32 | 32 | | 2.2IV of the Higher Education Act, United States Code, title 20, section 1092; |
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33 | 33 | | 2.3 (h) to the appropriate school district officials to the extent necessary under subdivision |
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34 | 34 | | 2.46, annually to indicate the extent and content of remedial instruction, including the results |
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35 | 35 | | 2.5of assessment testing and academic performance at a postsecondary institution during the |
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36 | 36 | | 2.6previous academic year by a student who graduated from a Minnesota school district within |
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37 | 37 | | 2.7two years before receiving the remedial instruction; |
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38 | 38 | | 2.8 (i) to appropriate authorities as provided in United States Code, title 20, section |
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39 | 39 | | 2.91232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the |
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40 | 40 | | 2.10system to effectively serve, prior to adjudication, the student whose records are released; |
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41 | 41 | | 2.11provided that the authorities to whom the data are released submit a written request for the |
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42 | 42 | | 2.12data that certifies that the data will not be disclosed to any other person except as authorized |
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43 | 43 | | 2.13by law without the written consent of the parent of the student and the request and a record |
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44 | 44 | | 2.14of the release are maintained in the student's file; |
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45 | 45 | | 2.15 (j) to volunteers who are determined to have a legitimate educational interest in the data |
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46 | 46 | | 2.16and who are conducting activities and events sponsored by or endorsed by the educational |
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47 | 47 | | 2.17agency or institution for students or former students; |
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48 | 48 | | 2.18 (k) to provide student recruiting information, from educational data held by colleges |
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49 | 49 | | 2.19and universities, as required by and subject to Code of Federal Regulations, title 32, section |
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50 | 50 | | 2.20216; |
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51 | 51 | | 2.21 (l) to the juvenile justice system if information about the behavior of a student who poses |
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52 | 52 | | 2.22a risk of harm is reasonably necessary to protect the health or safety of the student or other |
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53 | 53 | | 2.23individuals; |
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54 | 54 | | 2.24 (m) with respect to Social Security numbers of students in the adult basic education |
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55 | 55 | | 2.25system, to Minnesota State Colleges and Universities and the Department of Employment |
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56 | 56 | | 2.26and Economic Development for the purpose and in the manner described in section 124D.52, |
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57 | 57 | | 2.27subdivision 7; |
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58 | 58 | | 2.28 (n) to the commissioner of education for purposes of an assessment or investigation of |
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59 | 59 | | 2.29a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request |
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60 | 60 | | 2.30by the commissioner of education, data that are relevant to a report of maltreatment and are |
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61 | 61 | | 2.31from charter school and school district investigations of alleged maltreatment of a student |
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62 | 62 | | 2.32must be disclosed to the commissioner, including, but not limited to, the following: |
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63 | 63 | | 2.33 (1) information regarding the student alleged to have been maltreated; |
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64 | 64 | | 2Section 1. |
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65 | 65 | | REVISOR VH/EN 25-0514803/21/25 3.1 (2) information regarding student and employee witnesses; |
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66 | 66 | | 3.2 (3) information regarding the alleged perpetrator; and |
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67 | 67 | | 3.3 (4) what corrective or protective action was taken, if any, by the school facility in response |
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68 | 68 | | 3.4to a report of maltreatment by an employee or agent of the school or school district; |
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69 | 69 | | 3.5 (o) when the disclosure is of the final results of a disciplinary proceeding on a charge |
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70 | 70 | | 3.6of a crime of violence or nonforcible sex offense to the extent authorized under United |
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71 | 71 | | 3.7States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, |
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72 | 72 | | 3.8title 34, sections 99.31(a)(13) and (14); |
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73 | 73 | | 3.9 (p) when the disclosure is information provided to the institution under United States |
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74 | 74 | | 3.10Code, title 42, section 14071, concerning registered sex offenders to the extent authorized |
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75 | 75 | | 3.11under United States Code, title 20, section 1232g(b)(7); |
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76 | 76 | | 3.12 (q) when the disclosure is to a parent of a student at an institution of postsecondary |
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77 | 77 | | 3.13education regarding the student's violation of any federal, state, or local law or of any rule |
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78 | 78 | | 3.14or policy of the institution, governing the use or possession of alcohol or of a controlled |
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79 | 79 | | 3.15substance, to the extent authorized under United States Code, title 20, section 1232g(i), and |
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80 | 80 | | 3.16Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has |
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81 | 81 | | 3.17an information release form signed by the student authorizing disclosure to a parent. The |
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82 | 82 | | 3.18institution must notify parents and students about the purpose and availability of the |
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83 | 83 | | 3.19information release forms. At a minimum, the institution must distribute the information |
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84 | 84 | | 3.20release forms at parent and student orientation meetings; |
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85 | 85 | | 3.21 (r) a student's name, home address, telephone number, email address, or other personal |
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86 | 86 | | 3.22contact information may be disclosed to: |
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87 | 87 | | 3.23 (1) a public library for purposes of issuing a library card to the student; |
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88 | 88 | | 3.24 (2) an elected state official for the purpose of sending a congratulatory letter; or |
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89 | 89 | | 3.25 (3) an approved school photographer for the purpose of sending a solicitation for senior |
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90 | 90 | | 3.26portraits; or |
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91 | 91 | | 3.27 (s) with federally recognized Tribal Nations about Tribally enrolled or descendant |
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92 | 92 | | 3.28students to the extent necessary for the Tribal Nation and school district or charter school |
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93 | 93 | | 3.29to support the educational attainment of the student. |
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94 | 94 | | 3Section 1. |
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95 | 95 | | REVISOR VH/EN 25-0514803/21/25 |
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