June 21, 2021; ISD 186, Pequot Lakes Public Schools
6/21/2021 11:05:46 AM
Maggie Wallner, legal counsel for Independent School District 186 – Pequot Lakes Public Schools – (District), requested an advisory opinion about the classification of certain government data the District maintains, pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (Data Practices Act).
The District provided the following summary of the facts:
The School District offered a professional development opportunity to staff through the SEED Project (“SEED”), a national organization that works with schools to promote equity and social justice. (See nationalseedproject.org). Participation in the course was voluntary and entailed one evening session per month for nine months. Participating teachers earned up to three graduate credits to be applied to their lane on the salary schedule, or alternately could opt to receive payment of up to $1500 for completion of the program. Participating teachers could also choose to apply for continuing education units (“CEUs”).
The School District has received a data request from a parent requesting a list of staff that have participated in SEED, with an expressed intent to request a teacher for next year that has not participated in the program. The School District maintains data that would be responsive to this request.
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Based on the opinion request, the Commissioner agreed to address the following issue: What is the classification of data pursuant to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, maintained by Independent School District 186 – Pequot Lakes Public Schools – about District employees who participated in a professional development course offered by the District? |
Government data are “all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use.” (See Minnesota Statutes, section 13.02, subdivision 7.) Government data are public unless classified by statute, temporary classification, or federal law. (See Minnesota Statutes, section 13.03, subdivision 1.)
Data about current and former employees are classified by Minnesota Statutes, section 13.43. Subdivisions 2 and 3 list the types of personnel data that are public and subdivision 4 classifies most other types of personnel data as private. One of the public elements listed in subdivision 2 is, “work-related continuing education.” (See, section 13.43. subd. 2(a)(7).)
After proposing and refuting the argument that the data at issue could be “education and training background,” pursuant to section 13.43, subd. 2(a)(2), the District wrote:
The other potentially applicable exception is “work-related continuing education.” Minn. Stat. § 13.43, subd. 2(7). This phrase is not defined and there do not appear to be any cases or Advisory Opinions interpreting it. Although the staff were able to receive CEU credit for their participation in SEED, the program was not required as part of their work. Moreover, it is unclear whether this exception requires specific course titles to be public data, as opposed to total number of credits or general topics.
On balance, the School District concludes that this data would most likely fit within the “work-related continuing education” exception and be classified as public data.
The Commissioner agrees with the District. Though “work-related continuing education” is not defined by the Data Practices Act, a plain language interpretation would include data about the program at issue here. The District offered the SEED Project to District employees as an educational program related to their job duties in the District. The District characterized the SEED Project as “a professional development opportunity,” offered to pay teachers to attend, and provided other benefits like continuing education credits and graduate credits for salary schedule lane changes. Therefore, data that the District maintains that identify the teacher(s) who participated in the SEED Project are public work-related continuing education data, pursuant to section 13.43, subd. 2(a)(7).
Based on the facts and information provided, the Commissioner’s opinion on the issue raised is as follows:
Data maintained by Independent School District 186 – Pequot Lakes Public Schools – that identify District employees who participated in a professional development course offered by the District are public work-related continuing education data, pursuant to Minnesota Statutes, section 13.43, subd. 1(a)(7).
Signed:
Alice Roberts-Davis;
Commissioner
June 21, 2021
Personnel data
