1.1 	A bill for an act
1.2 	relating to higher education; limiting access by federal immigration officers to 
1.3 	public postsecondary campuses; modifying access to educational data;amending 
1.4 	Minnesota Statutes 2024, section 13.32, subdivision 3; Minnesota Statutes 2025 
1.5 	Supplement, section 13.32, subdivision 5; proposing coding for new law in 
1.6 	Minnesota Statutes, chapter 135A.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2024, section 13.32, subdivision 3, is amended to read:
1.9 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
1.10 	5, educational data is private data on individuals and shall not be disclosed except as follows:
1.11 	(a) pursuant to section 13.05;
1.12 	(b) pursuant to a valid court order;
1.13 	(c) pursuant to a statute specifically authorizing access to the private data;
1.14 	(d) to disclose information in health, including mental health, and safety emergencies 
1.15 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code 
1.16 	of Federal Regulations, title 34, section 99.36;
1.17 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
1.18 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
1.19 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39, except that no disclosure may 
1.20 	be made for purposes of civil immigration enforcement pursuant to United States Code, 
1.21 	title 20, section 1232g(b)(1)(J)(ii), or Code of Federal Regulations, title 34, subtitle A, 
1.22 	section 99.31(a)(9)(i)-(ii), in the absence of a judicial order or judicially issued subpoena;
2.1 	(f) to appropriate health authorities to the extent necessary to administer immunization 
2.2 	programs and for bona fide epidemiologic investigations which the commissioner of health 
2.3 	determines are necessary to prevent disease or disability to individuals in the public 
2.4 	educational agency or institution in which the investigation is being conducted;
2.5 	(g) when disclosure is required for institutions that participate in a program under title 
2.6 	IV of the Higher Education Act, United States Code, title 20, section 1092;
2.7 	(h) to the appropriate school district officials to the extent necessary under subdivision 
2.8 	6, annually to indicate the extent and content of remedial instruction, including the results 
2.9 	of assessment testing and academic performance at a postsecondary institution during the 
2.10 	previous academic year by a student who graduated from a Minnesota school district within 
2.11 	two years before receiving the remedial instruction;
2.12 	(i) to appropriate authorities as provided in United States Code, title 20, section 
2.13 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
2.14 	system to effectively serve, prior to adjudication, the student whose records are released; 
2.15 	provided that the authorities to whom the data are released submit a written request for the 
2.16 	data that certifies that the data will not be disclosed to any other person except as authorized 
2.17 	by law without the written consent of the parent of the student and the request and a record 
2.18 	of the release are maintained in the student's file;
2.19 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
2.20 	and who are conducting activities and events sponsored by or endorsed by the educational 
2.21 	agency or institution for students or former students;
2.22 	(k) to provide student recruiting information, from educational data held by colleges 
2.23 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
2.24 	216;
2.25 	(l) to the juvenile justice system if information about the behavior of a student who poses 
2.26 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
2.27 	individuals;
2.28 	(m) with respect to Social Security numbers of students in the adult basic education 
2.29 	system, to Minnesota State Colleges and Universities and the Department of Employment 
2.30 	and Economic Development for the purpose and in the manner described in section 124D.52, 
2.31 	subdivision 7;
2.32 	(n) to the commissioner of education for purposes of an assessment or investigation of 
2.33 	a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request 
3.1 	by the commissioner of education, data that are relevant to a report of maltreatment and are 
3.2 	from charter school and school district investigations of alleged maltreatment of a student 
3.3 	must be disclosed to the commissioner, including, but not limited to, the following:
3.4 	(1) information regarding the student alleged to have been maltreated;
3.5 	(2) information regarding student and employee witnesses;
3.6 	(3) information regarding the alleged perpetrator; and
3.7 	(4) what corrective or protective action was taken, if any, by the school facility in response 
3.8 	to a report of maltreatment by an employee or agent of the school or school district;
3.9 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
3.10 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
3.11 	States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, 
3.12 	title 34, sections 99.31(a)(13) and (14);
3.13 	(p) when the disclosure is information provided to the institution under United States 
3.14 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
3.15 	under United States Code, title 20, section 1232g(b)(7);
3.16 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
3.17 	education regarding the student's violation of any federal, state, or local law or of any rule 
3.18 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
3.19 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
3.20 	Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has 
3.21 	an information release form signed by the student authorizing disclosure to a parent. The 
3.22 	institution must notify parents and students about the purpose and availability of the 
3.23 	information release forms. At a minimum, the institution must distribute the information 
3.24 	release forms at parent and student orientation meetings;
3.25 	(r) a student's name, home address, telephone number, email address, or other personal 
3.26 	contact information may be disclosed to a public library for purposes of issuing a library 
3.27 	card to the student; or
3.28 	(s) with federally recognized Tribal Nations about Tribally enrolled or descendant 
3.29 	students to the extent necessary for the Tribal Nation and school district or charter school 
3.30 	to support the educational attainment of the student.

3.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.1 	Sec. 2. Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to 
4.2 	read:
4.3 		Subd. 5.Directory information; data on parents. (a) Educational data designated as 
4.4 	directory information is public data on individuals to the extent required under federal law. 
4.5 	Directory information must be designated pursuant to the provisions of:
4.6 	(1) this subdivision; and
4.7 	(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title 
4.8 	34, section 99.37, which were in effect on January 3, 2012.
4.9 	(b) When conducting the directory information designation and notice process required 
4.10 	by federal law, an educational agency or institution shall give parents and students notice 
4.11 	of the right to refuse to let the agency or institution designate specified data about the student 
4.12 	as directory information. This notice may be given by any means reasonably likely to inform 
4.13 	the parents and students of the right.
4.14 	(c) An educational agency or institution may not designate a student's or parent's home 
4.15 	address, telephone number, email address, or other personal contact information as directory 
4.16 	information under this subdivision. This paragraph does not apply to a postsecondary 
4.17 	institution.
4.18 	(d) When requested, educational agencies or institutions must share personal student or 
4.19 	parent contact information and directory information, whether public or private, with the 
4.20 	Minnesota Department of Education, as required for federal reporting purposes.
4.21 	(e) When requested, and in accordance with requirements for parental consent in the 
4.22 	Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational 
4.23 	agencies or institutions may share personal student or parent contact information and directory 
4.24 	information for students served in special education with postsecondary transition planning 
4.25 	and services under section 125A.08, paragraph (b), clause (1), whether public or private, 
4.26 	with the Department of Employment and Economic Development, as required for 
4.27 	coordination of services to students with disabilities under sections 125A.08, paragraph (b), 
4.28 	clause (1); 125A.023; and 125A.027 125A.023; 125A.027; and 125A.08, paragraph (b), 
4.29 	clause (1).
4.30 	(f) Data concerning parents is private data on individuals but may be treated as directory 
4.31 	information if the same procedures that are used by a school district to designate student 
4.32 	data as directory information under this subdivision are followed, except that a parent's 
5.1 	home address, telephone number, email address, or other personal contact information may 
5.2 	not be treated as directory information under this subdivision.
5.3 	(g) An educational agency or institution may not designate as directory information data 
5.4 	on individuals that indicates or otherwise has the effect of identifying that an individual is 
5.5 	not a citizen or national of the United States, including the individual's status as an 
5.6 	international student.

5.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.8 	Sec. 3. [135A.1455] LIMITS ON ACCESS BY FEDERAL IMMIGRATION 
5.9 	OFFICERS.
5.10 		Subdivision 1.Applicability. This section applies to: (1) public postsecondary institutions 
5.11 	governed by either the Board of Trustees of the Minnesota State Colleges and Universities 
5.12 	or the Board of Regents of the University of Minnesota; and (2) private postsecondary 
5.13 	institutions that offer in-person courses on a campus located in Minnesota and that are 
5.14 	eligible institutions as defined in section 136A.103, subdivision 1, paragraph (a). The Board 
5.15 	of Regents of the University of Minnesota is requested to comply with this section.
5.16 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
5.17 	given:
5.18 	(1) "campus" means:
5.19 	(i) any building or property owned or controlled by a postsecondary institution within 
5.20 	the same reasonably contiguous geographic area of the institution and used by the institution 
5.21 	in direct support of, or in a manner related to, the institution's educational purposes, including 
5.22 	but not limited to residence halls; and
5.23 	(ii) property within the same reasonably contiguous geographic area of the institution 
5.24 	that is owned by the institution but controlled by another person, is used by students, and 
5.25 	supports institutional purposes, including but not limited to a food or other retail vendor; 
5.26 	and
5.27 	(2) "federal immigration officer" means a person acting in their official capacity as an 
5.28 	officer or employee of a United States agency that enforces civil immigration law, including 
5.29 	but not limited to United States Immigration and Customs Enforcement and United States 
5.30 	Customs and Border Protection.
5.31 		Subd. 3.Limits on access. (a) Except as provided in paragraph (d), an official, staff 
5.32 	member, or other employee of a postsecondary institution must not allow a federal 
6.1 	immigration officer to enter the institution's campus for any purpose unless the officer 
6.2 	provides valid identification, a written statement of purpose, and a valid warrant issued by 
6.3 	a state or federal judge or a federal magistrate judge that authorizes access to the campus.
6.4 	(b) If a federal immigration officer requests entrance to or is found present on the campus 
6.5 	of a postsecondary institution, an official, staff member, or other employee of the 
6.6 	postsecondary institution must notify: (1) the chief administrative official of the public 
6.7 	postsecondary system, if the institution is a public postsecondary institution; or (2) the 
6.8 	president of the postsecondary institution, if the institution is a private postsecondary 
6.9 	institution. A chief administrative official or president may designate another school official, 
6.10 	staff member, or employee to receive this notification on their behalf.
6.11 	(c) If a federal immigration officer meets the requirements of paragraph (a), the public 
6.12 	postsecondary institution must limit the officer's access to only the places, times, and 
6.13 	individuals authorized under the judicial warrant.
6.14 	(d) Paragraph (a) does not restrict campus access by a federal immigration officer that 
6.15 	is:
6.16 	(1) required by state or federal law;
6.17 	(2) required to administer a state or federally supported education program; or
6.18 	(3) for purposes of voluntary training, outreach, and support provided through the federal 
6.19 	student exchange and visitor program.
6.20 		Subd. 4.Information to students. (a) During student registration, a postsecondary 
6.21 	institution must provide each student with information regarding:
6.22 	(1) a student's constitutional rights with regard to civil immigration enforcement;
6.23 	(2) recommended best practices for student safety when interacting with a federal 
6.24 	immigration officer; and
6.25 	(3) the requirements imposed on the postsecondary institution by this section.
6.26 	A copy of this information also shall be posted at appropriate locations on campus at all 
6.27 	times.
6.28 	(b) The commissioner of the Office of Higher Education, in consultation with the attorney 
6.29 	general, must develop standardized language that a postsecondary institution may use to 
6.30 	meet the requirements of paragraph (a).
7.1 		Subd. 5.Liability limited. Nothing in this section shall be construed to create any 
7.2 	personal liability for an official, staff member, or other employee of a postsecondary 
7.3 	institution acting in good faith.

7.4 	EFFECTIVE DATE. This section is effective the day following final enactment.