HF 2671

as introduced - 89th Legislature (2015 - 2016) Posted on 03/09/2016 12:57pm

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; establishing requirements for student surveys; providing for civil
penalties; amending Minnesota Statutes 2014, section 127A.70, subdivision 2;
Minnesota Statutes 2015 Supplement, section 13.32, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

Minnesota Statutes 2015 Supplement, 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 3, 2012, is public data on individuals, to the
extent required under federal law. 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 a third party or to a governmental
entity over which the state of Minnesota, a school district, or a school has no direct control.
new text end

new text begin (c) In addition to the civil remedies available in section 13.08, subdivision 1, a
governmental entity in violation of this subdivision is subject to presumptive damages, the
amount of which to be determined at the discretion of a judge in a civil court.
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.

new text begin [121A.24] REQUIREMENTS FOR STUDENT SURVEY AND SIMILAR
INSTRUMENTS.
new text end

new text begin (a) Except for the Minnesota student survey, unless the prior written informed
consent of the parent or legal guardian of a minor or dependent child is obtained
through a signed and dated document, a school district shall not administer or permit
to be administered to a student, and a student shall not participate in, an academic or
nonacademic survey, questionnaire, assessment, analysis, evaluation, or similar instrument
that solicits information concerning:
new text end

new text begin (1) political affiliations or beliefs;
new text end

new text begin (2) mental or psychological problems;
new text end

new text begin (3) sexual behavior or attitudes;
new text end

new text begin (4) illegal, antisocial, self-incriminating, or demeaning behavior;
new text end

new text begin (5) critical appraisals of another individual;
new text end

new text begin (6) legally recognized privileged or analogous relationships, such as those with
a lawyer, physician, or minister;
new text end

new text begin (7) religious practices, affiliations, or beliefs; or
new text end

new text begin (8) income.
new text end

new text begin (b) In addition to meeting the requirements in section 13.04, subdivision 2, between
15 and 30 scheduled school days before the anticipated administration of a survey or
similar instrument to a student, a school district shall:
new text end

new text begin (1) notify the parent or legal guardian in writing of:
new text end

new text begin (i) the expected administration date of the instrument;
new text end

new text begin (ii) the information that will be solicited through the instrument;
new text end

new text begin (iii) how the results of the instrument will be utilized; and
new text end

new text begin (iv) the persons or entities that will have access to the results of the instrument;
new text end

new text begin (2) provide for a hard or electronic copy of the instrument to be readily available to
the parent or legal guardian; and
new text end

new text begin (3) obtain the signed and dated written consent of the parent or legal guardian before
a student is allowed to participate in a survey or similar instrument.
new text end

new text begin (c) A parent or guardian seeking to compel a school district to comply with this
section has available the civil remedies under section 13.08, subdivision 4, in addition to
other remedies provided by law. A school district in violation of this section is subject
to presumptive damages, the amount of which to be determined at the discretion of
a judge in a civil court.
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.

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 a governmental entity over which the state of Minnesota, a
school district, or a 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. In addition to the
civil remedies available in section 13.08, subdivision 1, a school district, a school, or the
commissioner of education, higher education, or employment and economic development
in violation of this provision is subject to presumptive damages, the amount of which to
be determined at the discretion of a judge in a civil court.
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