SF 1710

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data privacy; limiting the designation and 
  1.3             release of education data as directory information; 
  1.4             amending Minnesota Statutes 1994, section 13.32, 
  1.5             subdivisions 3 and 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13.32, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  1.10  Except as provided in subdivision 5, educational data is private 
  1.11  data on individuals and shall not be disclosed except as follows:
  1.12     (a) Pursuant to section 13.05; 
  1.13     (b) Pursuant to a valid court order; 
  1.14     (c) Pursuant to a statute specifically authorizing access 
  1.15  to the private data; 
  1.16     (d) To disclose information in health and safety 
  1.17  emergencies pursuant to the provisions of United States Code, 
  1.18  title 20, section 1232g(b)(1)(I) and Code of Federal 
  1.19  Regulations, title 34, section 99.36 which are in effect on July 
  1.20  1, 1993; 
  1.21     (e) Pursuant to the provisions of United States Code, title 
  1.22  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  1.23  (b)(3) and Code of Federal Regulations, title 34, sections 
  1.24  99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on 
  1.25  July 1, 1993; 
  2.1      (f) To appropriate health authorities to the extent 
  2.2   necessary to administer immunization programs and for bona fide 
  2.3   epidemiologic investigations which the commissioner of health 
  2.4   determines are necessary to prevent disease or disability to 
  2.5   individuals in the public educational agency or institution in 
  2.6   which the investigation is being conducted; 
  2.7      (g) When disclosure is required for institutions that 
  2.8   participate in a program under title IV of the Higher Education 
  2.9   Act, United States Code, title 20, chapter 1092, in effect on 
  2.10  July 1, 1993; or 
  2.11     (h) To the appropriate school district officials to the 
  2.12  extent necessary under subdivision 6, annually to indicate the 
  2.13  extent and content of remedial instruction, including the 
  2.14  results of assessment testing and academic performance at a 
  2.15  post-secondary institution during the previous academic year by 
  2.16  a student who graduated from a Minnesota school district within 
  2.17  two years before receiving the remedial instruction; or 
  2.18     (i) To volunteers acting on behalf of the educational 
  2.19  agency or institution in the conduct of activities and events 
  2.20  sponsored by or endorsed by the educational agency or 
  2.21  institution.  
  2.22     Sec. 2.  Minnesota Statutes 1994, section 13.32, 
  2.23  subdivision 5, is amended to read: 
  2.24     Subd. 5.  [DIRECTORY INFORMATION.] (a) Except as provided 
  2.25  in paragraph (b), information designated as directory 
  2.26  information pursuant to the provisions of United States Code, 
  2.27  title 20, section 1232g and Code of Federal Regulations, title 
  2.28  34, section 99.37 which are in effect on July 1, 1993, is public 
  2.29  data on individuals.  When conducting the directory information 
  2.30  designation and notice process required by federal law, an 
  2.31  educational agency or institution shall give parents and 
  2.32  students conspicuous notice of the right to refuse to let the 
  2.33  agency or institution designate any or all data about the 
  2.34  student as directory information. 
  2.35     (b) An educational agency or institution shall not 
  2.36  designate a student's home address or home telephone number as 
  3.1   directory information.  A student's home address and home 
  3.2   telephone number are private data on individuals.