HF3411

Purpose

• The bill aims to limit access by federal immigration officers to public postsecondary campuses and strengthen protections around who can access and disclose educational data. It updates how “private data” in education records can be shared, with specific allowed disclosures and safeguards.

Main Provisions

• Defines “Private data when disclosure is permitted” and clarifies that educational data is private data on individuals, with listed exceptions for disclosures.
• Permitted disclosures (subject to conditions and referenced laws) include:
  • To health authorities for health emergencies and bona fide epidemiologic investigations needed to prevent disease or disability.
  • To institutions that participate in programs under Title IV of the Higher Education Act.
  • To appropriate school district officials to share information about remedial instruction and related assessment/academic performance for students who recently graduated from a Minnesota school district.
  • To authorities in the juvenile justice system before adjudication, provided a written request certifies that data won’t be disclosed beyond what the law permits, and records are kept in the student’s file.
  • To volunteers with a legitimate educational interest working on activities sponsored by the educational agency or institution.
  • To provide student recruiting information from educational data, as required by federal regulations.
  • To juvenile justice authorities if information relates to student behavior that could impact health or safety, to protect individuals.
  • To the commissioner of education for assessment or investigation of maltreatment of a student, with data disclosed as part of maltreatment investigations by charter schools and school districts.
  • To disclose final results of a disciplinary proceeding involving a crime of violence or nonforcible sex offense, as allowed by federal rules.
  • To provide information about registered sex offenders to appropriate authorities.
  • To a parent of a student about the student’s violations of laws or school rules governing alcohol or controlled substances, with signed consent from the student and an information release form; institutions must notify parents and students about the availability of these forms.
  • To disclose a student’s name or contact information to a public library for issuing a library card, as needed.
  • To federally recognized Tribal Nations regarding Tribally enrolled or descendant students to support their educational attainment.
• Consent and notification requirements:
  • Information release forms signed by the student are required for certain disclosures to parents.
  • Institutions must notify parents and students about the purpose and availability of information release forms, distributing them at orientation.

Significant Changes to Law

• Revisions to Minnesota Statutes 2024 section 13.32 subdivision 3 reframe how private educational data may be disclosed, adding detailed, enumerated exceptions and procedures.
• Introduces explicit processes (e.g., written requests, signed consent) for certain disclosures to protect student privacy while allowing necessary sharing to support health, safety, education, maltreatment investigations, and compliance with federal programs.
• Expands the list of entities and situations that may receive specific categories of educational data (e.g., health authorities, juvenile justice, volunteers, parents, libraries, and Tribal Nations), with emphasis on safeguards and accountability.

Practical Implications

• Schools and public colleges would operate under clearer, tighter rules about when and to whom they may disclose private educational data.
• Privacy protections remain strong, but several important exceptions are now explicitly permitted under defined conditions, potentially increasing data sharing for health, safety, and compliance purposes.

Notable Terms from the Bill (Key Phrases to Look For)

• Private data; educational data; disclosure; Minnesota Statutes 2024 section 13.32 subdivision 3
• Health emergencies; immunization programs; epidemiologic investigations
• Title IV of the Higher Education Act; United States Code references
• Remedial instruction; assessment; academic performance
• Juvenile justice system; pre-adjudication disclosure; written request
• Legitimate educational interest; volunteers
• Student recruiting information; CFR references
• Maltreatment investigations; commissioner of education
• Disciplinary proceeding; crime of violence; nonforcible sex offense
• Registered sex offenders
• Parental information release; information release form; parent notification
• Public library cards; Tribally enrolled or descendant students; Tribal Nations

Relevant Terms - Private data - Educational data - Disclosure - Court order - Health emergencies - Immunization programs - Epidemiologic investigations - Title IV (Higher Education Act) - Juvenile justice system - Maltreatment investigations - Remedial instruction - Legitimate educational interest - Information release form - Parental consent - Public library card - Tribally enrolled/descendant students - Federal regulations and statutes cited (general reference)