Facts and Procedural History:

On January 23, 2013, the Information Policy Analysis Division (IPAD) received an advisory opinion request from Daniel Bittman, Superintendent of Independent School District 47, Sauk Rapids-Rice, dated January 22, 2013. In his letter, Mr. Bittman asked the Commissioner to issue an advisory opinion regarding certain data that the District maintains. IPAD asked for additional information, which the District provided on February 1, 2013.

Mr. Bittman provided a summary of the facts as follows:

On January 16, 2013, a community member requested, a complete copy of the transcripts the school district maintains for each middle and high school math and science teacher. More specifically, the community member requested grades teachers received in each course, as well as grade point averages [GPAs].

Minnesota Statute 13.43, Subd. 2 identifies public data such as, but not limited to name, employee identification number, salary, education and training background, and dates of employment. However, it does not specify whether education and training background includes course grades and/or grade point average. [Emphasis provided.]

Under Minnesota Statutes, section 13.072, subdivision 4, the District provided the Commissioner with a copy of a transcript to review.

Issue:

Based on Mr. Bittman'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. (Minnesota Statutes, section 13.03, subdivision 1.)

Minnesota Statutes, section 13.43, classifies data on individuals who are current or former employees of, as well as applicants for, a government entity. Subdivisions 2 and 3 list the types of personnel data that are public, which include "education and training background." Subdivision 4 classifies most other types of personnel data as private.

Section 13.43 does not define "education and training background," and in previous opinions, the Commissioner has addressed the scope of those terms directly only as it relates to dates, specific institutions of learning, and places of employment. (See Advisory Opinions 94-022 and 95-001.)

Where terms are not defined, they are interpreted according to their common and approved usage. (See Minnesota Statutes, section 645.08.) Merriam-Webster defines "education" as, "the knowledge and development resulting from an educational process"; "training" as, "the skill, knowledge, or experience acquired by one that trains"; and "background" as, "the total of a person's experience, knowledge, and education." Using those common definitions, the Commissioner is of the opinion that grades and grade point averages are not "education and training background." A specific grade or GPA is not part of the general education and training background of an employee or applicant and does not describe the knowledge, development, or experience that an applicant or employee has achieved.

Mr. Bittman wrote:

The District believes that providing transcripts, which identify information such as degrees obtained and university(s) attended is considered to be public data. However, the District does not believe information related to specific course grades and/or grade point averages is included.

The Commissioner concurs with the District that that it must redact grades and/or GPAs from transcripts.

Opinion:

Based on the facts and information provided, the Commissioner's opinion on the issue Mr. Bittman raised is as follows:

Signed:

Spencer Cronk
Commissioner

Dated: March 5, 2013.