Advisory Opinion 01-088
October 31, 2001; Minnesota Catholic Conference
Background & Issues
A representative of the Minnesota Catholic Conference sought clarification after several private schools believed they were legally required to release student information to military recruiters. He asked whether private and nonpublic schools are considered government entities under state data practices laws. Specifically, he questioned whether these private schools must comply with state rules regarding the disclosure of student data for military recruitment.
Commissioner Decision
The Commissioner concluded that private and nonpublic schools are generally not subject to state government data privacy laws and are not required to provide data to military recruiters. However, a private school may have to follow certain data rules if it operates under a contract with a government entity.
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Excerpted Ruling / ConclusionBased on the facts and information provided, my opinion on the issue that Mr. Noll raised is as follows:
Generally speaking, Minnesota private/nonpublic schools are not subject to any of the provisions of Minnesota Statutes, Chapter 13, including section 13.32, subdivision 5a. If, however, a particular school is under contract to a government entity, the school may be subject to certain provisions of Chapter 13.
October 31, 2001; Minnesota Catholic Conference
10/31/2001 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:For purposes of simplification, the information presented by the person who requested this opinion is presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data that are not public, are available for public access. On October 15, 2001, IPA received a letter dated October 12, 2001, from Peter Noll, Education Director of the Minnesota Catholic Conference. In his letter, Mr. Noll asked the Commissioner to issue an advisory opinion regarding the classification of certain data that Minnesota private/nonpublic schools maintain. A summary of the facts is as follows. In his opinion request, Mr. Noll wrote: I am requesting that you provide me with a written opinion relative to private/nonpublic schools, specifically, pertaining to [section 13.32, subdivision 5a] (miliary recruitment) and, generally, regarding the Minnesota Data [Practices] Act. Apparently there is consternation among some Minnesota private schools that have been led to believe that they are required by law to provide information to military recruiters. Issue:In his request for an opinion, Mr. Noll asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.01, subdivision 1, All state agencies, political subdivisions and statewide systems shall be governed by this chapter. State agencies are defined at section 13.02, subdivision 17, to be the state, the University of Minnesota, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the state. Political subdivisions are defined at section 13.02, subdivision 11, to be any county, statutory or home rule charter city, school district, special district, any town exercising powers under chapter 368 and located in the metropolitan area, as defined in section 473.121, subdivision 2, and any board, commission, district or authority created pursuant to law, local ordinance or charter provision. Political subdivisions may also include nonprofit social service agencies under contract to a government entity. (Government entity means a state agency, political subdivision, or statewide system - see section 13.02, subdivision 7a). Statewide systems are defined at section 13.02, subdivision 18, to be any record keeping system in which government data is collected, stored, disseminated and used by means of a system common to one or more state agencies or more than one of its political subdivisions or any combination of state agencies and political subdivisions. Private/nonpublic schools in Minnesota are not state agencies, political subdivisions, or statewide systems. Thus, the only other possible way in which such a school could be subject to the requirements of Chapter 13 is if it is under contract to a government entity. The Commissioner assumes this is not the case and Mr. Noll did not provide any information indicating otherwise. Therefore, private/nonpublic schools are not subject to Chapter 13 and any of its provisions, including section 13.32. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Noll raised is as follows:
Signed:
David F. Fisher
Dated: October 31, 2001 |