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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 - 10 of 150
Advisory Opinion 21-008
December 8, 2021; ISD 51, Foley Public Schools
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2021). It is based on the facts and information ...
Description: A parent asked the Commissioner whether a school district complied with the Data Practices Act and the federal Family Education Rights and Privacy Act (FERPA) when it disclosed the parent's student's directory information to a local newspaper. The Commissioner concluded that the District did not comply with the law because the parent had opted out of directory information disclosures.
Category: Educational data
Keywords: Educational data, FERPA (Federal Education Rights and Privacy Act)
Commissioner: Alice Roberts-Davis
Advisory Opinion 20-005
April 14, 2020; Minnesota Department of Education
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2019). It is based on the facts and information ...
Description: The Minnesota Department of Education requested an advisory opinion regarding access to private and confidential data within the same government entity, as well as sharing of private data between school districts and counties. The Commissioner opined that private or confidential data may be shared with individuals in other programs or units within the same government entity when the individuals have a work assignment that reasonably requires access, and that private data may be shared or exchanged between government entities when authorized by statute or federal law. The Commissioner specifically addressed sharing provisions that MDE referred to in its advisory opinion request.
Category: Data sharing, Educational data
Keywords: Data sharing, Educational data, Department of Education, Education data, Confidential data, FERPA (Federal Education Rights and Privacy Act)
Commissioner: Lenora Madigan Deputy
Advisory Opinion 19-009
May 30, 2019; Office of Higher Education
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: The Office of Higher Education (OHE) asked about the classification of certain program review data it maintained on a private/out-of-state university. The Commissioner opined that while the OHE is conducting the review the data may be classified as not public civil investigative data under Minnesota Statutes, section 13.39. When the review concludes, the data revert to the not public classification they had prior to the investigation or are public. The Commissioner also reiterated that data may be protected as trade secret information under Minnesota Statutes, section 13.37, if the entity determines the data meet the definition in that section. Additionally, Minnesota Statutes, section 136A.64, classifies accreditation reports, records, and information in the program review as not public. Finally, the Commissioner noted that Minnesota Statutes, section 13.03, subdivision 9, classifies data at the time of the request, regardless of any prior or subsequent classification.
Category: Educational data, Trade secret, Civil investigative data
Keywords: Educational data, Trade secret, Civil investigative data, Civil investigative data (13.39), Educational data, Education data, Trade secrets, Trade secrets (13.37), Classification at time of request, controls access (13.03, subd. 9), Classification of data
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-004
March 28, 2019; ISD 283, St. Louis Park Schools
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: A school district asked whether it should provide access to a video of two students engaged in an altercation to one of the parents of one of the students. The Commissioner stated that where possible, schools must segregate the requesting parent’s student’s data from any other students’ data. However, relying on federal guidance, the Commissioner concluded, if segregating the data is not possible, then the school should provide the requesting parent with access to the unredacted video.
Category: Educational data
Keywords: Educational data, Videotapes, Data subject access, Educational data, Educational data disclosure, Education data, Access by data subject or parent, Multiple data subjects
Commissioner: Alice Roberts-Davis
Advisory Opinion 18-014
October 18, 2018; multiple school districts
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: Multiple school districts asked whether private educational data could be released pursuant to a subpoena. The Commissioner opined that since Minnesota Statutes, section 13.32, subdivision 3(e), incorporates the FERPA regulations – which allow for disclosure without consent pursuant to subpoena when there has been a reasonable effort to notify the parents – Minnesota allows disclosure in response to a subpoena when those conditions are met.
Category: Educational data
Keywords: Educational data, Subpoenas, Educational data disclosure, Educational data
Commissioner: Matthew Massman
Advisory Opinion 17-010
December 7, 2017; ISD 564, Thief River Falls
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information ...
Description: A school district asked whether it had to provide a copy of an audio-recorded interview with a student to the student’s parent when the recording included educational data on multiple students. The Commissioner opined that the District should make every effort to redact the audiotape so that private educational data of other students is protected. However, if the District was unable to redact the tape, the Family Educational Rights and Privacy Act (FERPA) required the District to inform the parent of the specific information about the parent’s student.
Category: Educational data, Multiple data subjects
Keywords: Educational data, Multiple data subjects, Education data, Educational data disclosure, Educational data, included (See also: Educational data - Personnel data), Redaction (See also: Multiple data subjects; Separation of data), Multiple data subjects
Commissioner: Matthew Massman
Advisory Opinion 16-004
June 29, 2016, ISD 706 (Virginia)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2016). It is based on the facts and information ...
Description: a school district asked whether it would be in compliance with state and federal laws governing data on students if it included certain data in job postings for work with teachers to provide services to students with disabilities. At the time employees bid, they have not yet been assigned to work with any particular student(s). The Commissioner opined that under Minn. Stat. § 13.32, the data elements in the posting, taken together, inadvertently identify students and their disabilities, which are private. Because bidding employees do not yet have a legally recognized reason to access the private data on students, the District must remove the identifying data elements from the posting.
Category: Educational data
Keywords: Educational data, Educational data
Commissioner: Matthew Massman
Advisory Opinion 14-009
July 18, 2014; Minnesota State Colleges and Universities
Note: In 2023, the legislature amended Minnesota Statutes section 13.32, subdivision 5, to limit what data may be designated as directory or limited directory ...
Description: An educational entity asked whether it
could designate limited directory information as
described in the federal Family Educational Rights and
Privacy Act’s (FERPA) regulations consistent with Chapter
13. Educational entities can designate limited directory
information and the federal government affords greater
privacy protection to limited directory information such
that access could be restricted to specific parties, for
specific purposes, or both.
Category: Educational data
Keywords: Educational data, Limited directory information
Commissioner: Spencer Cronk
Advisory Opinion 13-011
June 14, 2013; Independent School District 743 (Sauk Centre)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A school district interviewed a
student about his/her alleged involvement in an
incident off school property. The district gave the
student an oral Tennessen warning, which did not
meet the full statutory notice requirements. The oral
notice was not adequate because the district did not
clearly state the consequences to the student of
providing or not providing the requested data when it
knew of at least one consequence to the student if he/
she provided data that confirmed his/her involvement
in the incident. Also, the district did not identify those
persons outside the district to whom it was authorized
to disseminate the data, regardless of its intention to
do so.
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Tennessen warning notice (13.04, subd. 2)
Commissioner: Spencer Cronk
Advisory Opinion 11-018
December 9, 2011; School District 23 (Frazee-Vergas)
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: A minor student is alleged to have
engaged in the maltreatment of another minor
student; district employees filed a report under
Minnesota Statutes, section 626.556. The district
asked what data, including surveillance video from the
hallways, written communication between district staff
and the social services agency, and amongst district
employees and administration, that it must provide to
the parent about her/his child, who is the subject of
the allegations of abuse.
The Commissioner discussed that it appears that the
data in question are classified either by Minnesota
Statutes, sections 13.32 or 626.556, subdivision 11. It
is also possible that some of the data are classified by
Minnesota Statutes, section 13.43. The parent of a
minor student has the right to gain access to private
data about him/her. The identities of the mandated
reporters are confidential.
Category: Educational data
Keywords: Educational data, Child maltreatment data (626.556)
Commissioner: Spencer Cronk
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- All Results
- Educational data (141)
- Data subjects (67)
- Personnel data (23)
- Tennessen warning (23)
- Informed consent (19)
- FERPA (Federal Education Rights and Privacy Act) (14)
- Education data (12)
- Legislative authority and intent (12)
- Summary data (12)
- Multiple data subjects (11)
- Limitation on collection/use of data (13.05, subd. 4) (10)
- Tennessen warning notice (13.04, subd. 2) (10)
- Law enforcement data (9)
- Copy costs (8)
- Directory information (8)
- Harassment data (13.43, subd. 8) (8)
- Work assignment reasonably requires access (8)
- Employment setting (7)
- Combining data elements may uniquely identify an individual (6)
- Legitimate educational interest (6)
- Civil investigative data (13.39) (5)
- Parent data (5)
- Special education/students with disabilities/IDEA (5)
- Summary data (See also: Educational data - Summary data) (5)
- Work assignment reasonably requires access (1205.0400, 1205.0600) (5)
- Civil investigative data (4)
- Complainant identity (4)
- Data access to data subject (4)
- Data necessary for administration and management of programs (13.05, subd. 3) (4)
- Data subject access to personnel data (4)
- Educational data disclosure (4)
- Educational data, included (See also: Educational data - Personnel data) (4)
- Harassment claims, investigations (4)
- Photos, videotapes (4)
- Purpose of notice - informed choice (4)
- Redaction (4)
- Redaction (See also: Multiple data subjects; Separation of data) (4)
- Requests for data (4)
- Social services/welfare data (4)
- Statutory construction (Ch. 645) (4)
- Tennessen warning and federal Privacy Act notices required (4)
- Attorney data (3)
- Collective bargaining agreements (3)
- Data incidental to the data subject (3)
- Data sharing (3)
- Department of Education (3)
- Grade book or testing data (3)
- IEP (Individual Education Plans) (3)
- Implied vs. written (3)
- Limit on frequency of access to data (3)
- Limitation on collection and use of private/confidential data (13.05, subd. 4) (3)
- Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614) (3)
- Necessary to administer a program authorized by law (13.05, subd. 3) (3)
- Parent of dependent adult student (3)
- Parental access to private data (13.02, subd. 8); (1205.0500) (3)
- Personnel data included (See also: Personnel data - educational data) (3)
- Student, defined (3)
- Tennessen warning notice (3)