1.1A bill for an act
1.2relating to government data practices; requiring an opt-in process to designate
1.3education data as public directory information;amending Minnesota Statutes 2020,
1.4section 13.32, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2020, section 13.32, subdivision 5, is amended to read:
1.7    Subd. 5. Directory information. Information (a) Education data designated as directory
1.8information pursuant to the provisions of this subdivision, United States Code, title 20,
1.9section 1232g, and Code of Federal Regulations, title 34, section 99.37, which are in effect
1.10on January 3, 2012, is public data on individuals, to the extent required under federal law.
1.11When conducting the directory information designation and notice process required by
1.12federal law, an educational agency or institution shall give parents and students notice of
1.13the right to refuse to let the agency or institution designate any or all data about the student
1.14as directory information. This notice must use an opt-in process that allows a parent or
1.15eligible student to affirmatively permit the agency or institution to designate specified
1.16education data as directory information. If the parent or eligible student does not affirmatively
1.17permit the education data to be designated as directory information, the data is private data
1.18on individuals pursuant to subdivision 3.
1.19    (b) The directory information notice may be given by any means reasonably likely to
1.20inform the parents and students of the right their rights under this subdivision and federal
1.21law.
2.1    (c) For purposes of this subdivision, "eligible student" has the meaning given in United
2.2States Code, title 20, section 1232g, paragraph (d), and Code of Federal Regulations, title
2.334, section 99.3.
2.4EFFECTIVE DATE.This section is effective for the 2022-2023 school year and later.
2.5This section does not affect the classification of education data, including education data
2.6classified as directory information, collected, created, received, maintained, or disseminated
2.7prior to the 2022-2023 school year.