HF 1654

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to data practices; excluding electronically stored personal notes from
government data; amending Minnesota Statutes 2008, section 13.32, subdivision
1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13.32, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Educational data" means data on individuals maintained by a public educational
agency or institution or by a person acting for the agency or institution which relates to
a student.

Records new text begin , including electronically stored personal notes new text end of instructional personnel
which are in the sole possession of the maker thereof and are not accessible or revealed
to any other individual except a substitute teacher, deleted text begin and are destroyed at the end of the
school year, deleted text end shall not be deemed to be government data. new text begin Password-protected electronic
notes of instructional personnel are deemed to be in the sole possession of the maker for
purposes of this provision.
new text end

Records of a law enforcement unit of a public educational agency or institution which
are maintained apart from education data and are maintained solely for law enforcement
purposes, and are not disclosed to individuals other than law enforcement officials of the
jurisdiction are not educational data; provided, that education records maintained by the
educational agency or institution are not disclosed to the personnel of the law enforcement
unit. The University of Minnesota police department is a law enforcement agency for
purposes of section 13.82 and other sections of Minnesota Statutes dealing with law
enforcement records. Records of organizations providing security services to a public
educational agency or institution must be administered consistent with section 13.861.

Records relating to a student who is employed by a public educational agency
or institution which are made and maintained in the normal course of business, relate
exclusively to the individual in that individual's capacity as an employee, and are not
available for use for any other purpose are classified pursuant to section 13.43.

(b) "Juvenile justice system" includes criminal justice agencies and the judiciary
when involved in juvenile justice activities.

(c) "Student" means an individual currently or formerly enrolled or registered,
applicants for enrollment or registration at a public educational agency or institution,
or individuals who receive shared time educational services from a public agency or
institution.

(d) "Substitute teacher" means an individual who performs on a temporary basis
the duties of the individual who made the record, but does not include an individual who
permanently succeeds to the position of the maker of the record.