Minnesota Session Laws - 2022, Regular Session

CHAPTER 69--H.F.No. 2353

An act

relating to data practices; modifying certain education data provisions; classifying education support service data;

amending Minnesota Statutes 2020, section 13.32, subdivision 1, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 13.

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

Section 1.

Minnesota Statutes 2020, section 13.32, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Educational data" means data on individuals maintained by a public educational agency or institution or by a person acting for the agency or institution which relates to a student.

Records of instructional personnel which are in the sole possession of the maker thereof and are not accessible or revealed to any other individual except a substitute teacher, and are destroyed at the end of the school year, shall not be deemed to be government data.

Records of a law enforcement unit of a public educational agency or institution which are maintained apart from education data and are maintained solely for law enforcement purposes, and are not disclosed to individuals other than law enforcement officials of the jurisdiction are not educational data; provided, that education records maintained by the educational agency or institution are not disclosed to the personnel of the law enforcement unit. The University of Minnesota police department is a law enforcement agency for purposes of section 13.82 and other sections of Minnesota Statutes dealing with law enforcement records. Records of organizations providing security services to a public educational agency or institution must be administered consistent with section 13.861.

Records relating to a student who is employed by a public educational agency or institution which are made and maintained in the normal course of business, relate exclusively to the individual in that individual's capacity as an employee, and are not available for use for any other purpose are classified pursuant to section 13.43.

(b) "Juvenile justice system" includes criminal justice agencies and the judiciary when involved in juvenile justice activities.

new text begin (c) "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. new text end

new text begin (d) "School-issued device" means hardware or software that a public educational agency or institution, acting independently or with a technology provider, provides to an individual student for that student's dedicated personal use. A school-issued device includes a device issued through a one-to-one program. new text end

deleted text begin (c) deleted text end new text begin (e) new text end "Student" means an individual currently or formerly enrolled or registered, applicants for enrollment or registration at a public educational agency or institution, or individuals who receive shared time educational services from a public agency or institution.

deleted text begin (d) deleted text end new text begin (f) new text end "Substitute teacher" means an individual who performs on a temporary basis the duties of the individual who made the record, but does not include an individual who permanently succeeds to the position of the maker of the record.

new text begin (g) "Technology provider" means a person who: new text end

new text begin (1) contracts with a public educational agency or institution, as part of a one-to-one program or otherwise, to provide a school-issued device for student use; and new text end

new text begin (2) creates, receives, or maintains educational data pursuant or incidental to a contract with a public educational agency or institution. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later. new text end

Sec. 2.

Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin Technology providers. new text end

new text begin (a) A technology provider is subject to the provisions of section 13.05, subdivision 11. new text end

new text begin (b) All educational data created, received, maintained, or disseminated by a technology provider pursuant or incidental to a contract with a public educational agency or institution are not the technology provider's property. new text end

new text begin (c) If educational data maintained by the technology provider are subject to a breach of the security of the data, as defined in section 13.055, the technology provider must, following discovery of the breach, disclose to the public educational agency or institution all information necessary to fulfill the requirements of section 13.055. new text end

new text begin (d) Unless renewal of the contract is reasonably anticipated, within 90 days of the expiration of the contract, a technology provider must destroy or return to the appropriate public educational agency or institution all educational data created, received, or maintained pursuant or incidental to the contract. new text end

new text begin (e) A technology provider must not sell, share, or disseminate educational data, except as provided by this section or as part of a valid delegation or assignment of its contract with a public educational agency or institution. An assignee or delegee that creates, receives, or maintains educational data is subject to the same restrictions and obligations under this section as the technology provider. new text end

new text begin (f) A technology provider must not use educational data for any commercial purpose, including but not limited to marketing or advertising to a student or parent. For purposes of this paragraph, a commercial purpose does not include providing the specific services contracted for by a public educational agency or institution. Nothing in this subdivision prohibits the operator's use of deidentified, aggregate information for improving, maintaining, developing, supporting, or diagnosing the operator's site, service, or operation. new text end

new text begin (g) A contract between a technology provider and a public educational agency or institution must include requirements to ensure appropriate security safeguards for educational data. The contract must require that: new text end

new text begin (1) the technology provider's employees or contractors have access to educational data only if authorized; and new text end

new text begin (2) the technology provider's employees or contractors may be authorized to access educational data only if access is necessary to fulfill the official duties of the employee or contractor. new text end

new text begin (h) Within 30 days of the start of each school year, a public educational agency or institution must give parents and students direct and timely notice, by United States mail, e-mail, or other direct form of communication, of any curriculum, testing, or assessment technology provider contract affecting a student's educational data. The notice must: new text end

new text begin (1) identify each curriculum, testing, or assessment technology provider with access to educational data; new text end

new text begin (2) identify the educational data affected by the curriculum, testing, or assessment technology provider contract; and new text end

new text begin (3) include information about the contract inspection and provide contact information for a school department to which a parent or student may direct questions or concerns regarding any program or activity that allows a curriculum, testing, or assessment technology provider to access a student's educational data. new text end

new text begin (i) A public educational agency or institution must provide parents and students an opportunity to inspect a complete copy of any contract with a technology provider. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later. new text end

Sec. 3.

Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin School-issued devices. new text end

new text begin (a) Except as provided in paragraph (b), a government entity or technology provider must not electronically access or monitor: new text end

new text begin (1) any location-tracking feature of a school-issued device; new text end

new text begin (2) any audio or visual receiving, transmitting, or recording feature of a school-issued device; or new text end

new text begin (3) student interactions with a school-issued device, including but not limited to keystrokes and web-browsing activity. new text end

new text begin (b) A government entity or technology provider may only engage in activities prohibited by paragraph (a) if: new text end

new text begin (1) the activity is limited to a noncommercial educational purpose for instruction, technical support, or exam-proctoring by district employees, student teachers, staff contracted by a district, a vendor, or the Department of Education, and notice is provided in advance; new text end

new text begin (2) the activity is permitted under a judicial warrant; new text end

new text begin (3) the public educational agency or institution is notified or becomes aware that the device is missing or stolen; new text end

new text begin (4) the activity is necessary to respond to an imminent threat to life or safety and the access is limited to that purpose; new text end

new text begin (5) the activity is necessary to comply with federal or state law, including but not limited to section 121A.031; or new text end

new text begin (6) the activity is necessary to participate in federal or state funding programs, including but not limited to the E-Rate program. new text end

new text begin (c) If a government entity or technology provider interacts with a school-issued device as provided in paragraph (b), clause (4), it must, within 72 hours of the access, notify the student to whom the school-issued device was issued or that student's parent and provide a written description of the interaction, including which features of the device were accessed and a description of the threat. This notice is not required at any time when the notice itself would pose an imminent threat to life or safety, but must instead be given within 72 hours after that imminent threat has ceased. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later. new text end

Sec. 4.

Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Application to postsecondary institutions; exemption. new text end

new text begin (a) A postsecondary institution is exempt from subdivisions 13 and 14. This exemption extends to a technology provider for purposes of a contract with a postsecondary institution. new text end

new text begin (b) Subdivisions 13 and 14 shall not apply to a nonprofit national assessment provider solely for purposes of providing access to employment, educational scholarships and programs, financial aid, or postsecondary educational opportunities, if the provider secures express digital or written consent of the student or the student's parent or guardian, in response to clear and conspicuous notice. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2022-2023 school year and later. new text end

Sec. 5.

new text begin [13.463] EDUCATION SUPPORT SERVICES DATA. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "education support services data" means data on individuals collected, created, maintained, used, or disseminated relating to programs administered by a government entity or entity under contract with a government entity designed to eliminate disparities and advance equities in educational achievement for youth by coordinating services available to participants, regardless of the youth's involvement with other government services. Education support services data does not include welfare data under section 13.46. new text end

new text begin Subd. 2. new text end

new text begin Classification. new text end

new text begin Unless otherwise provided by law, all education support services data are private data on individuals and must not be disclosed except according to section 13.05 or a court order. new text end

Presented to the governor May 20, 2022

Signed by the governor May 22, 2022, 3:41 p.m.