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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 - 4 of 4
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 04-068
October 21, 2004; School District 832 (Mahtomedi)
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 Independent School District 832, Mahtomedi, comply with Minnesota Statutes, Chapter 13, in responding to a June 1, 2004, request for access to data?
Category: Copy costs, Data subjects, Educational data, Educational data
Keywords: Copy costs, Data subjects, Educational data, Educational data, Prepayment, Limit on frequency of access to data, FERPA (Federal Education Rights and Privacy Act), Special education/students with disabilities/IDEA, Education data
Commissioner: Kent Allin Acting
Advisory Opinion 02-001
January 7, 2002; School District 281 (Robbinsdale)
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: Will Independent School District 281, Robbinsdale, violate FERPA if it releases all documentation, including an investigative report, which contains private education records/educational data regarding the student victim as well as witnesses, to the Minnesota Department of Children, Families & Learning, which is conducting an investigation of a maltreatment of minors report under Minnesota Statutes section 626.556?
Category: Educational data
Keywords: Educational data, Release of education data to Dept of Education, Department of Education, FERPA (Federal Education Rights and Privacy Act)
Commissioner: David F. Fisher
Advisory Opinion 01-041
May 1, 2001; School District 281 (Robbinsdale)
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 Independent School District 281, Robbinsdale, respond appropriately to a data subject's request for access to data?
Category: Attorney data, Civil investigative data, Data subjects, Educational data
Keywords: Attorney data, Civil investigative data, Data subjects, Educational data, Attorney data, Civil investigative data (13.39), Civil investigative data (13.39), FERPA (Federal Education Rights and Privacy Act), Harassment claims, investigations, Education data
Commissioner: David F. Fisher