SF3570

Purpose

• The bill aims to limit access by federal immigration officers to public postsecondary campuses and to modify how educational data can be disclosed. It seeks to strengthen privacy protections for student and education data by clarifying when and to whom such data may be shared, and under what conditions.

Main Provisions

• Amends privacy rules for educational data (private data) in Minnesota Statutes.
• Expands and specifies the list of entities that may receive private educational data, under strict conditions:
  • Health authorities and immunization programs, and for bona fide epidemiologic investigations to protect public health.
  • Institutions participating in federal student aid programs (Title IV).
  • School districts for annual reporting on remedial instruction, assessment results, and academic performance for students who recently graduated from Minnesota schools.
  • Juvenile justice authorities, with written requests and assurances that data won’t be disclosed beyond permitted uses.
  • Volunteers with a legitimate educational interest who are involved in school activities.
  • Entities involved in student recruitment as authorized by federal rules.
  • Agencies handling maltreatment investigations and mandated reporting, with data releases limited to relevant information and proper safeguards.
  • Final results of disciplinary proceedings for certain crimes (within specific FERPA-related permissions).
  • Information about registered sex offenders when provided under FERPA rules.
  • Parents in relation to a student’s violations of laws or campus policies about alcohol or controlled substances, upon a signed information release form and with notice to students/parents.
  • Public libraries for library card purposes, or for Tribally enrolled/descendant students to tribal nations as needed to support educational attainment.
  • Other disclosures required to protect health or safety or as specifically authorized by law or FERPA provisions.
• Adds procedural safeguards around data disclosures:
  • Data disclosures must be supported by a written request or consent where applicable.
  • Release forms and notices are to be provided to students and parents (e.g., at orientation) describing the purpose and availability of release forms.
  • Records of data releases must be maintained in the student’s file.
  • Some disclosures require judicial backing (court orders or subpoenas) and are not allowed without such orders in certain cases.
• References to FERPA and federal requirements (e.g., U.S. Code and Code of Federal Regulations) to guide when and how private data may be shared with federal or other authorities.
• Codifies that the changes apply to Minnesota Statutes 2024 and 2025 Supplement, with new provisions in Minnesota Statutes chapter 135A.

Significant Changes to Existing Law

• Tightens and clarifies privacy protections for educational data (private data) by explicitly listing permissible disclosures and the safeguards that accompany them.
• Strengthens limitations on sharing educational data with federal authorities, reinforcing the need for court orders or specific legal authority in many cases.
• Creates or clarifies a broad set of allowed disclosures to multiple actors (health authorities, school districts, Title IV program participants, juvenile justice, tribal nations, libraries, volunteers, etc.) under defined conditions, potentially expanding or formalizing data-sharing pathways while still protecting privacy.
• Introduces or reinforces requirements around consent, written requests, and notice to students and parents, and records maintenance related to data releases.
• Aligns Minnesota law with federal FERPA references and related regulatory standards to govern cross-border or interagency data sharing on student information.

Potential Implications (for context)

• Schools and campuses may need updated procedures and training to handle the broader list of permitted disclosures while ensuring privacy protections.
• Federal immigration enforcement on campuses could be limited by the need for court orders, specific legal authorities, and established privacy safeguards.
• Privacy of student records could be enhanced, but some data-sharing processes might become more formalized and documented.

Relevant Terms - private data - educational data - FERPA (Family Educational Rights and Privacy Act) - U.S. Code title 20 section 1232g - Code of Federal Regulations title 34 sections 99.31–99.39 - Minnesota Statutes 2024 section 13.32 subdivision 3 - Minnesota Statutes 2025 Supplement section 13.32 subdivision 5 - health authorities - immunization programs - epidemiologic investigations - Title IV of the Higher Education Act - 20 U.S.C. 1092 - remedial instruction - assessment testing - juvenile justice system - maltreatment investigations - disciplinary proceedings - crimes of violence - nonforcible sex offense - sex offenders - information release forms - parent consent - legitimate educational interest - school district officials - volunteers - publicly funded postsecondary institutions - Tribally enrolled or descendant students - Tribally Nations - library cards - federal immigration officers - court order - subpoena - privacy protections - data release records - consent provisions