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Advisory Opinion 05-026

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:

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data that Independent School District 2154, Eveleth-Gilbert, maintains as per Minnesota Statutes, section 120A.24 (specifically applying to home-schooled children)?

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;
2) the name of each instructor and evidence of compliance with one of the requirements specified in section 120A.22, subdivision 10;
3) an annual instructional calendar; and
4) for each child instructed by a parent who meets only the requirement of section 120A.22, subdivision 10, clause (6), a quarterly report card on the achievement of the child in each subject area required in section 120A.22, subdivision 9.

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:
1) shall not be designated directory information pursuant to subdivision 5 unless prior 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.

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:

Pursuant to Minnesota Statutes, section 13.32, subdivision 4a, data that Independent School District 2154, Eveleth-Gilbert, collects and maintains as per Minnesota Statutes, section 120A.24 (specifically applying to home-schooled children) are private.

Signed:

Dana B. Badgerow
Commissioner

Dated: August 9, 2005

Educational data

Home schooling