Access by federal immigration officers to public postsecondary campuses limited, and access to educational data modified.

A bill for an act

relating to higher education; limiting access by federal immigration officers to

public postsecondary campuses; modifying access to educational data; amending

Minnesota Statutes 2024, section 13.32, subdivision 3; Minnesota Statutes 2025

Supplement, section 13.32, subdivision 5; proposing coding for new law in

Minnesota Statutes, chapter 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision

5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section
13.05
;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies

pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code

of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),

(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,

title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39
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, except that no disclosure may

be made pursuant to United States Code, title 20, section 1232g(b)(1)(J)(ii), or Code of

Federal Regulations, title 34, subtitle A, section 99.31(a)(9)(i)-(ii), in the absence of a

judicial order or judicially issued subpoena
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;

(f) to appropriate health authorities to the extent necessary to administer immunization

programs and for bona fide epidemiologic investigations which the commissioner of health

determines are necessary to prevent disease or disability to individuals in the public

educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title

IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision

6, annually to indicate the extent and content of remedial instruction, including the results

of assessment testing and academic performance at a postsecondary institution during the

previous academic year by a student who graduated from a Minnesota school district within

two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section

1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the

system to effectively serve, prior to adjudication, the student whose records are released;

provided that the authorities to whom the data are released submit a written request for the

data that certifies that the data will not be disclosed to any other person except as authorized

by law without the written consent of the parent of the student and the request and a record

of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data

and who are conducting activities and events sponsored by or endorsed by the educational

agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges

and universities, as required by and subject to Code of Federal Regulations, title 32, section

216;

(l) to the juvenile justice system if information about the behavior of a student who poses

a risk of harm is reasonably necessary to protect the health or safety of the student or other

individuals;

(m) with respect to Social Security numbers of students in the adult basic education

system, to Minnesota State Colleges and Universities and the Department of Employment

and Economic Development for the purpose and in the manner described in section
124D.52,

subdivision 7
;

(n) to the commissioner of education for purposes of an assessment or investigation of

a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request

by the commissioner of education, data that are relevant to a report of maltreatment and are

from charter school and school district investigations of alleged maltreatment of a student

must be disclosed to the commissioner, including
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,
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but not limited to
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,
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the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response

to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge

of a crime of violence or nonforcible sex offense to the extent authorized under United

States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,

title 34, sections 99.31(a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States

Code, title 42, section 14071, concerning registered sex offenders to the extent authorized

under United States Code, title 20, section 1232g(b)(7);

(q) when the disclosure is to a parent of a student at an institution of postsecondary

education regarding the student's violation of any federal, state, or local law or of any rule

or policy of the institution, governing the use or possession of alcohol or of a controlled

substance, to the extent authorized under United States Code, title 20, section 1232g(i), and

Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has

an information release form signed by the student authorizing disclosure to a parent. The

institution must notify parents and students about the purpose and availability of the

information release forms. At a minimum, the institution must distribute the information

release forms at parent and student orientation meetings;

(r) a student's name, home address, telephone number, email address, or other personal

contact information may be disclosed to a public library for purposes of issuing a library

card to the student; or

(s) with federally recognized Tribal Nations about Tribally enrolled or descendant

students to the extent necessary for the Tribal Nation and school district or charter school

to support the educational attainment of the student.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 2.

Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to

read:

Subd. 5.

Directory information; data on parents.

(a) Educational data designated as

directory information is public data on individuals to the extent required under federal law.

Directory information must be designated pursuant to the provisions of:

(1) this subdivision; and

(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title

34, section 99.37, which were in effect on January 3, 2012.

(b) When conducting the directory information designation and notice process required

by federal law, an educational agency or institution shall give parents and students notice

of the right to refuse to let the agency or institution designate specified data about the student

as directory information. This notice may be given by any means reasonably likely to inform

the parents and students of the right.

(c) An educational agency or institution may not designate a student's or parent's home

address, telephone number, email address, or other personal contact information as directory

information under this subdivision. This paragraph does not apply to a postsecondary

institution.

(d) When requested, educational agencies or institutions must share personal student or

parent contact information and directory information, whether public or private, with the

Minnesota Department of Education, as required for federal reporting purposes.

(e) When requested, and in accordance with requirements for parental consent in the

Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational

agencies or institutions may share personal student or parent contact information and directory

information for students served in special education with postsecondary transition planning

and services under section
125A.08
, paragraph (b), clause (1), whether public or private,

with the Department of Employment and Economic Development, as required for

coordination of services to students with disabilities under sections
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125A.08
, paragraph (b),

clause (1);
125A.023
; and
125A.027
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125A.023; 125A.027; and 125A.08, paragraph (b),

clause (1)
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.

(f) Data concerning parents is private data on individuals but may be treated as directory

information if the same procedures that are used by a school district to designate student

data as directory information under this subdivision are followed, except that a parent's

home address, telephone number, email address, or other personal contact information may

not be treated as directory information under this subdivision.

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(g) An educational agency or institution may not designate as directory information data

on individuals that indicates or otherwise has the effect of identifying that an individual is

not a citizen or national of the United States, including the individual's status as an

international student.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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Sec. 3.

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[135A.1455] LIMITS ON ACCESS BY FEDERAL IMMIGRATION

OFFICERS.

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Subdivision 1.

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Applicability.

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This section applies to: (1) public postsecondary institutions

governed by either the Board of Trustees of the Minnesota State Colleges and Universities

or the Board of Regents of the University of Minnesota; and (2) private postsecondary

institutions that offer in-person courses on a campus located in Minnesota and that are

eligible institutions as defined in section 136A.103, subdivision 1, paragraph (a).

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Subd. 2.

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Definition.

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For purposes of this section, "federal immigration officer" means

a person acting in their official capacity as an officer or employee of a United States agency

that enforces civil immigration law, including but not limited to United States Immigration

and Customs Enforcement and United States Customs and Border Protection.

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Subd. 3.

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Limits on access.

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(a) Except as required by state or federal law or as required

to administer a state or federally supported educational program, an official, staff member,

or other employee of a postsecondary institution must not allow a federal immigration officer

to enter the institution's campus for any purpose unless the officer provides valid

identification, a written statement of purpose, and a valid warrant issued by a state or federal

judge or a federal magistrate judge that authorizes access to the campus.

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(b) If a federal immigration officer requests entrance to or is found present on the campus

of a postsecondary institution, an official, staff member, or other employee of the

postsecondary institution must notify: (1) the chief administrative official of the public

postsecondary system, if the institution is a public postsecondary institution; or (2) the

president of the postsecondary institution, if the institution is a private postsecondary

institution. A chief administrative official or president may designate another school official,

staff member, or employee to receive this notification on their behalf.

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(c) If a federal immigration officer meets the requirements of paragraph (a), the public

postsecondary institution must limit the officer's access to only the places, times, and

individuals authorized under the judicial warrant.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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