MN Data Practices Advisory Opinions Archive

March 9, 2007 · March 9, 2007; School District 720 (Shakopee)

Did Independent School District 720, Shakopee, comply with Minnesota Statutes, Chapter 13, if it collected private data about a student from the student without providing the Tennessen warning notice required by section…

Data subjects Data subjects Educational data Educational data Tennessen warning Tennessen warning #Limitation on collection/use of data (13.05, subd. 4) #Tennessen warning notice (13.04, subd. 2)

Advisory Opinion 07-001 07-001

January 10, 2007 · January 10, 2007; School District 531 (Byron)

Did Independent School District 531, Byron, comply with Minnesota Statutes, Chapter 13, in denying access to the following data relating to a hazing incident: the particular athletic team involved, the nature of the all…

Educational data Summary data #Combining data elements may uniquely identify an individual

Advisory Opinion 06-001 06-001

January 30, 2006 · January 31, 2006; School District 281 (Robbinsdale Area)

Did Independent School District 281, Robbinsdale Area Schools, comply with Minnesota Statutes, Chapter 13, in responding to a request for copies of the following data:

Educational data Response to data requests

Advisory Opinion 05-026 05-026

August 9, 2005 · August 9, 2005; School District 2154 (Eveleth-Gilbert)

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data that Independent School District 2154, Eveleth-Gilbert, maintains as per Minnesota Statutes, section 120A.24 (specifically applying to home-…

Educational data #Home schooling

Advisory Opinion 05-022 05-022

June 16, 2005 · June 16, 2005; School District 701 (Hibbing)

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:…

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)

Advisory Opinion 05-021 05-021

June 10, 2005 · June 10, 2005; School District 196 (Rosemount-Apple Valley-Eagan)

Do routine, written K-12 classroom tests and quizzes which are completed by students and count toward their grade for the class fall within the definition of

Educational data Legislative authority and intent Statutory construction (Ch. 645) Statutory construction (Ch. 645) #Conflicting or irreconcilable provisions (645.26) #Educational data #Examination data (13.34) #Examination data (13.34) #FERPA (Federal Education Rights and Privacy Act)

+1 more

#Words and phrases construed (645.08)

Advisory Opinion 05-006 05-006

January 27, 2005 · January 27, 2005; School District 624 (White Bear Lake)

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that School District 624 (White Bear Lake Area Schools) maintains: data in certain invoices relating to extended day care that…

Data subjects Educational data Educational data Multiple data subjects Redaction #Data incidental to the data subject #Education data #Entity determines redaction #Parent access to data on other parent #Parent data

Advisory Opinion 04-068 04-068

October 21, 2004 · October 21, 2004; School District 832 (Mahtomedi)

Did Independent School District 832, Mahtomedi, comply with Minnesota Statutes, Chapter 13, in responding to a June 1, 2004, request for access to data?

Copy costs Data subjects Educational data Educational data #Education data #FERPA (Federal Education Rights and Privacy Act) #Limit on frequency of access to data #Prepayment #Special education/students with disabilities/IDEA

Advisory Opinion 04-065 04-065

October 18, 2004 · October 18, 2004; School District 832 (Mahtomedi)

Did Independent School District 832, Mahtomedi, comply with Minnesota Statutes, Chapter 13, when it denied access to certain directory information about a student's parents?

Educational data #Directory information #Parent data

Advisory Opinion 04-046 04-046

July 12, 2004 · July 12, 2004; School District 832 (Mahtomedi)

Did Independent School District 832, Mahtomedi, comply with Minnesota Statutes, Chapter 13, when it disclosed the identity of a parent and his/her child in a May 7, 2002, letter it sent to all District high school teach…

Educational data Educational data #FERPA (Federal Education Rights and Privacy Act) #Parent data #Work assignment reasonably requires access

Advisory Opinion 04-029 04-029

May 17, 2004 · May 17, 2004; School District 11 (Anoka-Hennepin)

Has Independent School District 11, Anoka-Hennepin, complied with Minnesota Statutes, Chapter 13, in its determination regarding an April 2, 2004, request for copies of data? Has Independent School District 11, Anoka-He…

Educational data Response to data requests

Advisory Opinion 04-024 04-024

April 14, 2004 · April 14, 2004; School District 77 (Mankato)

Pursuant to Minnesota Statutes, Chapter 13, did School District 77, Mankato, comply with Minnesota Statutes, Chapter 13, in publishing certain data about a student in a yearbook? Pursuant to Minnesota Statutes, Chapter …

Copy costs Educational data Electronic data Electronic data Legislative authority and intent #Directory information #Electronic files, website #Enhanced data #FERPA (Federal Education Rights and Privacy Act) #Photos, videotapes

+2 more

#Remote access #Special education/students with disabilities/IDEA

Advisory Opinion 04-021 04-021

April 2, 2004 · April 2, 2004; Minnesota Department of Human Services

Pursuant to Minnesota Statutes, Chapter 13, and Minnesota Statutes, section 15.17, if the Minnesota Department of Human Services does not create any data relating to its decision to deny a parent access to data about th…

Data subjects Educational data Legislative authority and intent #Access to actual data #Minor request to withhold data #Parent access to data on child

Advisory Opinion 04-016 04-016

March 23, 2004 · March 23, 2004; City of North Mankato

Pursuant to Minnesota Statutes, Chapter 13, would a library violate the rights of a minor data subject if the library released to the minor's parents a list of books borrowed by the minor?

Data subjects Educational data Legislative authority and intent Tennessen warning #Library data (13.40) #Parental access to private data (13.02, subd. 8); (1205.0500) #Tennessen warning and federal Privacy Act notices required

Advisory Opinion 04-013 04-013

March 10, 2004 · March 10, 2004; School District 2835 (Janesville-Waldorf-Pemberton)

Has Independent School District 2835, Janesville-Waldorf-Pemberton, complied with Minnesota Statutes, Chapter 13, in its determination regarding a November 20, 2003, request for access to directory information?

Educational data Requests for data #Charter schools #Denial of access to data – authority required (13.03, subd. 3(f)) #Directory information #Pupil census data #Reason/justify request and identity not required (13.05, subd. 12)

+1 more

#Student, defined

Advisory Opinion 04-012 04-012

March 10, 2004 · March 10, 2004; School District 2168 (New Richland-Hartland-Ellendale-Geneva)

Has Independent School District 2168, New Richland-Hartland-Ellendale-Geneva, complied with Minnesota Statutes, Chapter 13, in its determination regarding a November 20, 2003, request for access to directory information?

Educational data #Directory information #Pupil census data #Student, defined

Advisory Opinion 04-011 04-011

March 10, 2004 · March 10, 2004; School District 2143 (Waterville-Elysian-Morristown)

Has Independent School District 2143, Waterville-Elysian-Morristown, complied with Minnesota Statutes, Chapter 13, in its determination regarding a November 28, 2003, request for access to directory information?

Educational data Response to data requests

Advisory Opinion 04-010 04-010

March 4, 2004 · March 4, 2004; Minnesota Department of Employment and Economic Development

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Department of Employment and Economic Development violate a data subject's rights by asking the subject to sign informed consents following which staff fille…

Data subjects Educational data Informed consent Tennessen warning #Necessary to administer a program authorized by law (13.05, subd. 3) #Relationship of informed consent to Tennessen warning #Tennessen distinction #Vocational rehabilitation data

Advisory Opinion 04-009 04-009

March 2, 2004 · March 2, 2004; Gary Fischler and Associates

Pursuant to Minnesota Statutes, Chapter 13, did Gary Fischler and Associates violate a data subject's rights by not providing a Tennessen warning notice prior to collecting data as part of a psychological evaluation? Pu…

Contracts/privatization Data subjects Educational data Legislative authority and intent Tennessen warning #Clause to be inferred #Informed consent vs. Tennessen #Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).) #Relationship of informed consent to Tennessen warning #Vocational rehabilitation data

Advisory Opinion 03-047 03-047

November 24, 2003 · November 24, 2003; City of Thief River Falls

Pursuant to Minnesota Statutes, section 13.685, is it appropriate for the City of Thief River Falls to release electric utility customer data about the tenant of a rental property to the building's owner? Pursuant to Mi…

Data subjects Educational data Tennessen warning #Entities authorized to receive data #Municipal utility customer data (13.685 / 13.612) #Necessary to administer a program authorized by law (13.05, subd. 3)

Advisory Opinion 03-030 03-030

August 7, 2003 · August 7, 2003; School District 832 (Mahtomedi)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 832, Mahtomedi, respond appropriately to a June 5, 2003, request for copies of the following data about a student's order and payment for a hig…

Educational data Response to data requests

Advisory Opinion 03-029 03-029

August 7, 2003 · August 7, 2003; School District 916 (Northeast Metropolitan Intermediate)

Pursuant to Minnesota Statutes, Chapter 13, and related federal law, would Northeast Metropolitan Intermediate School District 916 violate the rights of a student if, after reporting a crime committed by the student, th…

Copy costs Educational data Educational data #FERPA (Federal Education Rights and Privacy Act) #Law enforcement/juvenile justice system #Special education/students with disabilities/IDEA

Advisory Opinion 03-026 03-026

August 1, 2003 · August 1, 2003; School Disrict 832 (Mahtomedi)

Pursuant to Minnesota Statutes, section 13.04, did Independent School District 832, Mahtomedi, respond appropriately to a March 7, 2003, request for access to data?

Data subjects Educational data Requests for data #Education data #Entity responsibility

Advisory Opinion 03-023 03-023

July 29, 2003 · July 29, 2003; Minnesota Department of Education

Is the Minnesota Department of Education's inclusion of a $30.00 per hour charge for copies of public government data allowable under Minnesota Statutes, Chapter 13?

Copy costs Educational data

Advisory Opinion 03-016 03-016

June 3, 2003 · June 3, 2003; Minnesota Department of Education

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Department of Education (MDE) respond appropriately to a February 12, 2003, request for copies of all correspondence for the last two years between Independe…

Educational data Response to data requests

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