August 9, 2005; School District 2154 (Eveleth-Gilbert)
8/9/2005 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:On June 21, 2005, IPAD received a letter dated June 20, 2005, from John Colosimo, an attorney representing Independent School District 2154, Eveleth-Gilbert. In his letter, Mr. Colosimo asked the Commissioner to issue an advisory opinion regarding the classification of certain data the District maintains. IPAD requested clarification, which Mr. Colosimo provided in a letter dated June 28, 2005. In a letter dated June 30, 2005, the Commissioner invited the Minnesota Department of Education to submit comments. The Department of Education did not submit comments. In his opinion request, Mr. Colosimo asked the Commissioner to opine as to the classification of data relating to children who are home-schooled. Issue:Based on Mr. Colosimo's opinion request, the Commissioner agreed to address the following issue:
Discussion:Pursuant to Minnesota Statutes, Chapter 13, government data are public unless otherwise classified. Provisions of both Minnesota and federal law govern access to data about students and their parents. Minnesota Statutes, section 13.32, classifies data relating to students (termed educational data ) and incorporates by reference much of the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section1232g, and its implementing Rules, 34 C.F.R. Part 99. Pursuant to section 13.32, most data about students and their parents are private. Mr. Colosimo's question to the Commissioner specifically relates to data collected and maintained by the District pursuant to reporting requirements in Minnesota Statutes, section 120A.24. Subdivision 1 of section 120A.24 states: The person in charge of providing instruction to a child must submit the following information to the superintendent of the district in which the child resides:
1) by October 1 of each school year, the name, birth date, and address of each child receiving instruction;
In 2003, the Legislature enacted language specifically classifying data about children or their parents whose identities must be reported pursuant to section 120A.24. (See Laws of Minnesota 2003 First Special Session, Chapter 8, Article 2, Section 5.) This language was incorporated into section 13.32 as subdivision 4a. It provides:
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:
Thus, based on section 13.32, subdivision 4a, any data the District collects and maintains about home-schooled students or their parents as required pursuant to section 120A.24, are private. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Colosimo raised is as follows:
Signed:
Dana B. Badgerow
Dated: August 9, 2005 |
Educational data
Home schooling