LEGAL UPDATE
Navigating Challenges Related to School District Records By Terence Morrow, MSBA Director of Legal and Policy Services
School law attorneys across the country are talking about challenges associated with school district records. Below, three issue areas are discussed briefly: public records requests, school board member access, and records retention requirements.
For data requests and access, Minnesota school districts are required to identify an employee as the Responsible Authority responsible for personnel data. For most school districts, the superintendent serves as the Responsible Authority.
Public Records Requests
School Board Member Access
Like their counterparts in other states, Minnesota school districts are increasingly receiving records requests from data miners who appear to be seeking employee contact information for the purpose of sales solicitation and other commercial purposes.
Generally, student information is private and may not be disclosed to third persons without parental consent. Federal and state data privacy laws limit the degree to which a school board member may access or review a school district record, including pupil information. MSBA Model Policy 515—Protection and Privacy of Pupil Records reflects legal requirements found in the federal Family Educational Rights and Privacy Act (FERPA) and the MGDPA. Federal and state law set forth exceptions to parental consent that allow others to access education data in narrowly specified circumstances.
MSBA Model Policy 406—Public and Private Personnel Data incorporates the Minnesota Government Data Privacy Act (MGDPA), which governs access to employee information. Several types of employee data exist, including: public, private, confidential, personnel, and protected health information. Public personnel data includes an employee’s name, compensation and benefits, work contact information, and more. The data miners’ requests for public personnel data must receive a response.
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JULY–AUGUST 2021
Model Policy 515 describes directory information available to the public and to records requesters. Minnesota school boards are responsible for identifying the types of
MINNESOTA SCHOOL BOARDS ASSOCIATION | JOURNAL
