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About Search Results
The advisory opinion library currently includes:
- Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
- Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.
The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.
A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.
Results 1 - 6 of 6
Advisory Opinion 05-022
June 16, 2005; School District 701 (Hibbing)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Would Independent School District 701, Hibbing, violate Minnesota Statutes, Chapter 13, if it released to the school district's Pupil Support Assistants (as a group), the following data about students with disabilities: name, disability of the student, and services to be provided to a student in accordance with an IEP?
Category: Copy costs, Educational data, Educational data
Keywords: Copy costs, Educational data, Educational data, FERPA (Federal Education Rights and Privacy Act), Legitimate educational interest, Special education/students with disabilities/IDEA, Work assignment reasonably requires access, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: Dana B. Badgerow
Advisory Opinion 00-009
March 30, 2000; School Disrict 281 (Robbinsdale)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota ...
Description: Pursuant to Minnesota Statutes, Chapter 13, has School District 281 (Robbinsdale) inappropriately disseminated private educational data about a student to a union steward by allowing that individual to attend the student's IEP meeting?
Category: Educational data, Educational data
Keywords: Educational data, Educational data, IEP (Individual Education Plans), Legitimate educational interest, Work assignment reasonably requires access
Commissioner: David F. Fisher
Advisory Opinion 99-015
June 8, 1999; School District 273 (Edina)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes Chapter 13, did School District 273, Edina, or its agents inappropriately disseminate private educational data about student Y and/or Y's parents to the public which then appeared in a newspaper article published in January of 1997?
Pursuant to Minnesota Statutes Chapter 13, did School District 273, Edina, or its agents inappropriately disseminate private educational data about sibling students X and Y and/or their parents to the public which then appeared in a newspaper article published on February 3, 1999?
Pursuant to Minnesota Statutes Chapter 13, did a School District 273, Edina, middle school teacher inappropriately disseminate private educational data about student X and/or X's parents to an elementary school teacher who then disseminated the data to his/her elementary school principal?
Category: Educational data
Keywords: Educational data, Court records (See also: Judicial branch), Legitimate educational interest
Commissioner: David F. Fisher
Advisory Opinion 97-011
March 11, 1997; Moorhead State University
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Has MSU complied with Minnesota Statutes Section 13.04, subdivision 3, in responding to a request for access to data made by the data subject on May 15, 1996?
Has MSU improperly disseminated private educational data about the data subject to the responsible authority's "designee"?
Has MSU infringed upon the rights of the data subject by allegedly not including information regarding its responsible authority in a public document, as required by Section 13.05, subdivision 1?
Has MSU infringed upon the rights of the data subject by allegedly not preparing a public document which sets forth the rights of data subjects pursuant to Section 13.04, and the specific procedures established by MSU for access to data by a data subject, as required by Section 13.05, subdivision 8?
Category: Educational data, Responsible authority
Keywords: Educational data, Responsible authority, Designee appointed by Responsible Authority, Legitimate educational interest, Work assignment reasonably requires access, Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3), Public document/annual report (13.05, subd. 1 and 1205.1200), Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: Elaine S. Hansen
Advisory Opinion 96-061
December 18, 1996; School District 2144 (Chisago Lakes)
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Did Chisago Lakes Independent School District 2144 violate A's rights, pursuant to Minnesota Statutes Section 13.32, by improperly disseminating educational data about A?
Category: Educational data
Keywords: Educational data, Legitimate educational interest, Work assignment reasonably requires access, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: Elaine S. Hansen
Advisory Opinion 96-042
September 18, 1996; University of Minnesota
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Minnesota Statutes Chapter 13, did Dr. Willard Miller inappropriately gain access to private data about K, a University of Minnesota student?
Did Dr. Willard Miller violate a provision of Minnesota Statutes Section 13.32, subdivision 3 (e), by not documenting the disclosure of private educational data on K?
Pursuant to Chapter 13, did Dr. Willard Miller inappropriately disseminate private data about K?
Category: Data subjects, Educational data, Electronic data, Informed consent
Keywords: Data subjects, Educational data, Electronic data, Informed consent, FERPA (Federal Education Rights and Privacy Act), Legitimate educational interest, Work assignment reasonably requires access, Email/internet, Implied vs. written, Email, Work assignment reasonably requires access (1205.0400, 1205.0600)
Commissioner: Elaine S. Hansen