SF 3570

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 10:13 a.m.

A bill for an act
relating to higher education; limiting access by federal immigration officers to
public postsecondary campuses; modifying access to educational data; amending
Minnesota Statutes 2024, section 13.32, subdivision 3; Minnesota Statutes 2025
Supplement, section 13.32, subdivision 5; proposing coding for new law in
Minnesota Statutes, chapter 135A.

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

Section 1.

Minnesota Statutes 2024, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39 new text begin , except that no disclosure may
be made for purposes of civil immigration enforcement pursuant to United States Code,
title 20, section 1232g(b)(1)(J)(ii), or Code of Federal Regulations, title 34, subtitle A,
section 99.31(a)(9)(i)-(ii), in the absence of a judicial order or judicially issued subpoena new text end ;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
title 34, sections 99.31(a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7);

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
an information release form signed by the student authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings;

(r) a student's name, home address, telephone number, email address, or other personal
contact information may be disclosed to a public library for purposes of issuing a library
card to the student; or

(s) with federally recognized Tribal Nations about Tribally enrolled or descendant
students to the extent necessary for the Tribal Nation and school district or charter school
to support the educational attainment of the student.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to
read:

Subd. 5.

Directory information; data on parents.

(a) Educational data designated as
directory information is public data on individuals to the extent required under federal law.
Directory information must be designated pursuant to the provisions of:

(1) this subdivision; and

(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.

(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.

(c) An educational agency or institution may not designate a student's or parent's home
address, telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.

(d) When requested, educational agencies or institutions must share personal student or
parent contact information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.

(e) When requested, and in accordance with requirements for parental consent in the
Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational
agencies or institutions may share personal student or parent contact information and directory
information for students served in special education with postsecondary transition planning
and services under section 125A.08, paragraph (b), clause (1), whether public or private,
with the Department of Employment and Economic Development, as required for
coordination of services to students with disabilities under sections deleted text begin 125A.08, paragraph (b),
clause (1); 125A.023; and 125A.027 deleted text end new text begin 125A.023; 125A.027; and 125A.08, paragraph (b),
clause (1) new text end .

(f) Data concerning parents is private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under this subdivision are followed, except that a parent's
home address, telephone number, email address, or other personal contact information may
not be treated as directory information under this subdivision.

new text begin (g) An educational agency or institution may not designate as directory information data
on individuals that indicates or otherwise has the effect of identifying that an individual is
not a citizen or national of the United States, including the individual's status as an
international student.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [135A.1455] LIMITS ON ACCESS BY FEDERAL IMMIGRATION
OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to: (1) public postsecondary institutions
governed by either the Board of Trustees of the Minnesota State Colleges and Universities
or the Board of Regents of the University of Minnesota; and (2) private postsecondary
institutions that offer in-person courses on a campus located in Minnesota and that are
eligible institutions as defined in section 136A.103, subdivision 1, paragraph (a). The Board
of Regents of the University of Minnesota is requested to comply with this section.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the meanings
given:
new text end

new text begin (1) "campus" means:
new text end

new text begin (i) any building or property owned or controlled by a postsecondary institution within
the same reasonably contiguous geographic area of the institution and used by the institution
in direct support of, or in a manner related to, the institution's educational purposes, including
but not limited to residence halls; and
new text end

new text begin (ii) property within the same reasonably contiguous geographic area of the institution
that is owned by the institution but controlled by another person, is used by students, and
supports institutional purposes, including but not limited to a food or other retail vendor;
and
new text end

new text begin (2) "federal immigration officer" means a person acting in their official capacity as an
officer or employee of a United States agency that enforces civil immigration law, including
but not limited to United States Immigration and Customs Enforcement and United States
Customs and Border Protection.
new text end

new text begin Subd. 3. new text end

new text begin Limits on access. new text end

new text begin (a) Except as provided in paragraph (d), an official, staff
member, or other employee of a postsecondary institution must not allow a federal
immigration officer to enter the institution's campus for any purpose unless the officer
provides valid identification, a written statement of purpose, and a valid warrant issued by
a state or federal judge or a federal magistrate judge that authorizes access to the campus.
new text end

new text begin (b) If a federal immigration officer requests entrance to or is found present on the campus
of a postsecondary institution, an official, staff member, or other employee of the
postsecondary institution must notify: (1) the chief administrative official of the public
postsecondary system, if the institution is a public postsecondary institution; or (2) the
president of the postsecondary institution, if the institution is a private postsecondary
institution. A chief administrative official or president may designate another school official,
staff member, or employee to receive this notification on their behalf.
new text end

new text begin (c) If a federal immigration officer meets the requirements of paragraph (a), the public
postsecondary institution must limit the officer's access to only the places, times, and
individuals authorized under the judicial warrant.
new text end

new text begin (d) Paragraph (a) does not restrict campus access by a federal immigration officer that
is:
new text end

new text begin (1) required by state or federal law;
new text end

new text begin (2) required to administer a state or federally supported education program; or
new text end

new text begin (3) for purposes of voluntary training, outreach, and support provided through the federal
student exchange and visitor program.
new text end

new text begin Subd. 4. new text end

new text begin Information to students. new text end

new text begin (a) During student registration, a postsecondary
institution must provide each student with information regarding:
new text end

new text begin (1) a student's constitutional rights with regard to civil immigration enforcement;
new text end

new text begin (2) recommended best practices for student safety when interacting with a federal
immigration officer; and
new text end

new text begin (3) the requirements imposed on the postsecondary institution by this section.
new text end

new text begin A copy of this information also shall be posted at appropriate locations on campus at all
times.
new text end

new text begin (b) The commissioner of the Office of Higher Education, in consultation with the attorney
general, must develop standardized language that a postsecondary institution may use to
meet the requirements of paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Liability limited. new text end

new text begin Nothing in this section shall be construed to create any
personal liability for an official, staff member, or other employee of a postsecondary
institution acting in good faith.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end