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Minnesota Legislature

Office of the Revisor of Statutes

Chapter 13

Section 13.32

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13.32 EDUCATIONAL DATA.
    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.
(c) "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.
(d) "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.
    Subd. 2. Student health and census data; data on parents. (a) Health data concerning
students, including but not limited to, data concerning immunizations, notations of special
physical or mental problems and records of school nurses are educational data. Access by parents
to student health data shall be pursuant to section 13.02, subdivision 8.
(b) Pupil census data, including emergency information and family information are
educational data.
(c) Data concerning parents are private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student data as
directory information under subdivision 5 are followed.
    Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5,
educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health and safety emergencies pursuant to the provisions of
United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34,
section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A),
(b)(4)(B), (b)(1)(B), (b)(3) and Code of Federal Regulations, title 34, sections 99.31, 99.32,
99.33, 99.34, and 99.35;
(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public educational
agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of
the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results of
assessment testing and academic performance at a postsecondary institution during the previous
academic year by a student who graduated from a Minnesota school district within two years
before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to
effectively serve, prior to adjudication, the student whose records are released; provided that the
authorities to whom the data are released submit a written request for the data that certifies that
the data will not be disclosed to any other person except as authorized by law without the written
consent of the parent of the student and the request and a record of the release are maintained
in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and
who are conducting activities and events sponsored by or endorsed by the educational agency
or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and
universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;
(m) with respect to Social Security numbers of students in the adult basic education system,
to Minnesota State Colleges and Universities and the Department of Employment and Economic
Development for the purpose and in the manner described in section 124D.52, subdivision 7; or
(n) to the commissioner of education for purposes of an assessment or investigation of a
report of alleged maltreatment of a student as mandated by section 626.556. Upon request by the
commissioner of education, data that are relevant to a report of maltreatment and are from charter
school and school district investigations of alleged maltreatment of a student must be disclosed to
the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to
a report of maltreatment by an employee or agent of the school or school district.
    Subd. 4. Student's access to private data. A student shall not have the right of access to
private data provided in section 13.04, subdivision 3, as to financial records and statements of the
student's parents or any information contained therein.
    Subd. 4a. Nonpublic school students. Data collected by a public school on a child or parent
of a child, whose identity must be reported pursuant to section 120A.24, is private data which:
(1) shall not be designated directory information pursuant to subdivision 5 unless prior
written consent is given by the child's parent or guardian; and
(2) may be disclosed only pursuant to subdivision 3, clause (a), (b), (c), or (f).
This provision does not apply to students who receive shared time educational services
from a public agency or institution.
    Subd. 5. Directory information. 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.
    Subd. 5a. Military recruitment. A secondary institution shall release to military recruiting
officers the names, addresses, and home telephone numbers of students in grades 11 and 12
within 60 days after the date of the request, except as otherwise provided by this subdivision.
A secondary institution shall give parents and students notice of the right to refuse release of
this data to military recruiting officers. Notice may be given by any means reasonably likely to
inform the parents and students of the right. Data released to military recruiting officers under
this subdivision:
(1) may be used only for the purpose of providing information to students about military
service, state and federal veterans' education benefits, and other career and educational
opportunities provided by the military; and
(2) shall not be further disseminated to any other person except personnel of the recruiting
services of the armed forces.
    Subd. 6. Admissions forms; remedial instruction. (a) Minnesota postsecondary education
institutions, for purposes of reporting and research, may collect on the 1986-1987 admissions
form, and disseminate to any public educational agency or institution the following data on
individuals: student sex, ethnic background, age, and disabilities. The data shall not be required of
any individual and shall not be used for purposes of determining the person's admission to an
institution.
(b) A school district that receives information under subdivision 3, paragraph (h) from a
postsecondary institution about an identifiable student shall maintain the data as educational data
and use that data to conduct studies to improve instruction. Public postsecondary systems annually
shall provide summary data to the Department of Education indicating the extent and content of
the remedial instruction received in each system during the prior academic year by, and the results
of assessment testing and the academic performance of, students who graduated from a Minnesota
school district within two years before receiving the remedial instruction. The department shall
evaluate the data and annually report its findings to the education committees of the legislature.
(c) This section supersedes any inconsistent provision of law.
    Subd. 7. Uses of data. School officials who receive data on juveniles, as authorized under
section 260B.171, may use and share that data as provided in section 121A.75. A school district,
its agents, and employees who use and share this data in good faith are immune from civil or
criminal liability that might otherwise result from their actions.
    Subd. 8. Access by juvenile justice system. (a) Upon request, the following education data
shall be disclosed under subdivision 3, clause (i), to the juvenile justice system: a student's full
name, home address, telephone number, date of birth; a student's school schedule, daily attendance
record, and photographs, if any; and parents' names, home addresses, and telephone numbers.
(b) In addition, the existence of the following data about a student may be disclosed under
subdivision 3, clause (i):
(1) use of a controlled substance, alcohol, or tobacco;
(2) assaultive or threatening conduct that could result in dismissal from school under section
121A.45, subdivision 2, clause (b) or (c);
(3) possession or use of weapons or look-alike weapons;
(4) theft; or
(5) vandalism or other damage to property.
Any request for access to data under this paragraph must contain an explanation of why
access to the data is necessary to serve the student.
(c) A principal or chief administrative officer of a school who receives a request to disclose
information about a student to the juvenile justice system under paragraph (b) shall, to the extent
permitted by federal law, notify the student's parent or guardian by certified mail of the request to
disclose information before disclosing the information. If the student's parent or guardian notifies
the principal or chief administrative officer within ten days of receiving the certified notice that
the parent or guardian objects to the disclosure, the principal or chief administrative officer
must not disclose the information. The principal or chief administrative officer must inform the
requesting member of the juvenile justice system of the objection.
(d) A principal or chief administrative officer is not required to create data under this
subdivision. Information provided in response to a data request under paragraph (b) shall indicate
only whether the data described in paragraph (b) exist. The principal or chief administrative officer
is not authorized under paragraph (b) to disclose the actual data or other information contained in
the student's education record. A principal or chief administrative officer is not required to provide
data that are protected by court order. A principal or chief administrative officer must respond to a
data request within 14 days if no objection is received from the parent or guardian.
(e) Nothing in this subdivision shall limit the disclosure of educational data pursuant to
court order.
(f) A school district, its agents, and employees who provide data in good faith under this
subdivision are not liable for compensatory or exemplary damages or an award of attorney fees in
an action under section 13.08, or other law, or for a penalty under section 13.09.
(g) Section 13.03, subdivision 4, applies to data that are shared under this subdivision with a
government entity. If data are shared with a member of the juvenile justice system who is not a
government entity, the person receiving the shared data must treat the data consistent with the
requirements of this chapter applicable to a government entity.
(h) A member of the juvenile justice system who falsely certifies a request for data under this
section is subject to the penalties under section 13.09.
    Subd. 9. Forms. To make a data request under subdivision 8, paragraph (b), a member of the
juvenile justice system must use the following form:
REQUEST FOR INFORMATION
Family Educational Rights and Privacy Act/
Minnesota Government Data Practices Act
DATE/TIME OF REQUEST .....
TO: .....
(Superintendent of school district or chief
administrative officer of school)
FROM: .....
(Requester's name/agency)
STUDENT: .....
BASIS FOR REQUEST
... Juvenile delinquency investigation/prosecution
... Child protection assessment/investigation
... Investigation/filing of CHIPS or delinquency petition
REASON FOR REQUEST (requester must describe why information regarding existence of the
data marked below is necessary to effectively serve the student) .....
.....
.....
.....
RESPONSE TO REQUEST
The school must indicate whether it has data on the student that document any activity or
behavior marked by the requester.
INFORMATION REQUESTED (mark all that apply)
RESPONSE
Indicate whether you have data that document the student's:
(yes or no)
.....
use of a controlled substance, alcohol, or tobacco
........
.....
assaultive or threatening conduct as defined in
Minnesota Statutes, section 13.32, subdivision 8
........
.....
possession or use of weapons or look-alike weapons
........
.....
theft
........
.....
vandalism and damage to property
........
CERTIFICATION: The undersigned certifies that the undersigned is a member of the juvenile
justice system. The requested data are needed by the juvenile justice system so it may effectively
serve, prior to adjudication, the student whose records are released. The undersigned will not
disclose the information received to any other party, except as provided under state law, without
prior written consent as required by Code of Federal Regulations, title 34, section 99.38(b). The
undersigned further certifies that the undersigned understands that by signing this request, the
undersigned is subject to the penalties in Minnesota Statutes, section 13.09.
.....
Signature/Title
    Subd. 10. Education records; child with disability. Nothing in this chapter shall be
construed as limiting the frequency of inspection of the educational records of a child with a
disability by the child's parent or guardian or by the child upon the child reaching the age of
majority. An agency or institution may not charge a fee to search for or to retrieve the educational
records. An agency or institution that receives a request for copies of the educational records of a
child with a disability may charge a fee that reflects the costs of reproducing the records except
when to do so would impair the ability of the child's parent or guardian, or the child who has
reached the age of majority, to exercise their right to inspect and review those records.
History: 1979 c 328 s 18; 1980 c 603 s 26; 1981 c 311 s 14,39; 1982 c 545 s 24; 1984 c 436 s
14; 1985 c 298 s 9,10; 1986 c 444; 1989 c 351 s 4,5; 1993 c 13 art 1 s 9,10; 1993 c 351 s 2-4; 1994
c 618 art 1 s 4; 1994 c 636 art 4 s 1; 1995 c 259 art 1 s 6; 1Sp1995 c 3 art 16 s 13; 1996 c 440 art
1 s 3,4; 1Sp1997 c 3 s 1-3; 1999 c 139 art 4 s 2; 1999 c 227 s 3,4,22; 2000 c 451 s 1; 2000 c 468 s
10; 2000 c 489 art 1 s 1; 2001 c 178 art 2 s 2; 2001 c 202 s 4; 2002 c 352 s 3-5; 2003 c 130 s 12;
1Sp2003 c 8 art 2 s 5; 2005 c 10 art 1 s 3; 2005 c 163 s 32; 1Sp2005 c 5 art 2 s 1; 2007 c 129 s 9