HF 1779

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 02:00pm

A bill for an act
relating to education; addressing access to student data; clarifying disclosure
requirements affecting personally identifiable information about a student;
managing personally identifiable information in electronic student education
records; amending Minnesota Statutes 2014, sections 13.32, subdivision 5;
127A.70, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 13.32, subdivision 5, is amended to read:

Subd. 5.

Directory information new text begin ; other personally identifiable information about
a student new text end .

new text begin (a) new text end Information designated as directory information pursuant to the provisions
of United States Code, title 20, section 1232g and Code of Federal Regulations, title 34,
section 99.37 which are in effect on January 1, 2007, is public data on individuals. 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 any or all 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.

new text begin (b) Notwithstanding other law to the contrary, except law governing law enforcement
activities, and in addition to section 13.04, subdivision 2, at the time a governmental entity
collects personally identifiable information as defined in Code of Federal Regulations,
title 34, section 99.3, about a student, the agency or institution must obtain consent
from the eligible student, parent, or guardian before the state agency or state institution
discloses personally identifiable information about the student to any third party or to any
governmental entity over which the state of Minnesota, a school district, or a school
has no direct control.
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. 2.

Minnesota Statutes 2014, section 127A.70, subdivision 2, is amended to read:

Subd. 2.

Powers and duties; report.

(a) The partnership shall develop
recommendations to the governor and the legislature designed to maximize the achievement
of all P-20 students while promoting the efficient use of state resources, thereby helping
the state realize the maximum value for its investment. These recommendations may
include, but are not limited to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool
through graduate education;

(2) improving preparation for, and transitions to, postsecondary education and work;

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers; and

(4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota.

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education and Employment and Economic Development shall improve
and expand the Statewide Longitudinal Education Data System (SLEDS) to provide
policymakers, education and workforce leaders, researchers, and members of the public
with data, research, and reports to:

(1) expand reporting on students' educational outcomes for diverse student
populations including at-risk students, children with disabilities, English learners, and
gifted students, among others, and include formative and summative evaluations based on
multiple measures of student progress toward career and college readiness;

(2) evaluate the effectiveness of educational and workforce programs; and

(3) evaluate the relationship between education and workforce outcomes, consistent
with section 124D.49.

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data
System inform public policy and decision-making. The SLEDS governance committee,
with assistance from staff of the Office of Higher Education, the Department of Education,
and the Department of Employment and Economic Development, shall respond to
legislative committee and agency requests on topics utilizing data made available through
the Statewide Longitudinal Education Data System as resources permit. Any analysis of
or report on the data must contain only summary data.

new text begin Notwithstanding other provisions in this section or other law to the contrary, except
law governing law enforcement activities, in order to prevent any unauthorized access,
disclosure, or misuse of student data, a school district, a school, and the commissioners
of education, higher education, and employment and economic development must not
allow personally identifiable information as defined in Code of Federal Regulations, title
34, section 99.3, about any P-20 student reported to or available through SLEDS to be
disclosed to a third party or to any governmental entity over which the state of Minnesota,
a school district, or school has no direct control. A school district or school must annually
obtain the consent of eligible students and parents or guardians before disclosing directory
information about the student who is the subject of the information.
new text end

(c) By January 15 of each year, the partnership shall submit a report to the governor
and to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over P-20 education policy and finance that summarizes the
partnership's progress in meeting its goals and identifies the need for any draft legislation
when necessary to further the goals of the partnership to maximize student achievement
while promoting efficient use of resources.

new text begin EFFECTIVE DATE. new text end

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