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Education Innovation Policy

TWENTY-EIGHTH MEETING

2015-2016 Regular Session - Thursday, March 17, 2016

STATE OF MINNESOTA TWENTY-EIGHTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-NINTH SESSION

EDUCATION INNOVATION POLICY COMMITTEE 2015-2016
MINUTES

Representative Sondra Erickson, Chair of the Education Innovation Policy Committee, called the meeting to order at 8:15 AM on March 17, 2016, in the Basement Hearing Room of the State Office Building.

The Committee Legislative Assistant noted the roll.

Members present:

ERICKSON, Sondra Chair
BENNETT, Peggy Vice Chair
BLY, David
CHRISTENSEN, Drew
DAVNIE, Jim
FLANAGAN, Peggy
KRESHA, Ron
LUCERO, Eric
MARIANI, Carlos
MORAN, Rena
NORNES, Bud
PETERSON, Roz
PIERSON, Nels
SELCER, Yvonne
URDAHL, Dean
WARD, JoAnn
WHELAN, Abigail
YARUSSO, Barb



Members excused:
WILLS, Anna


Representative Erickson called the meeting to order at 8:18 A.M. A quorum was present.

Representative Ward moved that the minutes of March 15, 2016 be approved. THE MOTION PREVAILED.


Testifiers:
HF2671(Lucero); Student Data access addressed.

Representative Erickson moved that HF2671 be laid over.

Representative Lucero testified on HF2671.

Linda Bell, Minnesotans Against Common Core, testified on federal statutes for Protection of Pupil Rights Amendment (PPRA).

Robert Gerhardt, Registered Patent Agent, testified in favor of HF2671.

Anne Taylor, Minnesotans Against Common Core (MACC), testified in favor HF2671, and data collection without consent.

Kerstin Schulz, Minnesotans Against Common Core, testified in favor of HF2671, and spoke on the Tennysen warning and parental disclosure.

Vesta Kelly, Minnesotans Against Common Core, testified in favor of HF2671, issues with Family Education Rights and Privacy Act (FERPA) and Health Insurance Portability and Accountability Act (HIPAA) consent issues.

Carrie Koelzcer, Home Schooling Parent Advocate, spoke on home schooling issues with data privacy.

Margaret Westin, General Counsel, Osseo Area Schools, testified in opposition to HF2898, cited inconsistencies in bill language with FERPA/Data Practices Act.

Beckie Lonnes, MACC, testified in favor of HF2671.


Jennifer Black-Allen, testified in favor of HF2671, cited issues with lack parental notification by schools, and use of unlisted tests/surveys.

Victoria Tatur, testified in favor HF2671, spoke on inappropriate non-school related questions asked of students by non-school staff, primarily pertaining to domestic/homestead issues.

Paul Winkelaar, Education Minnesota, asked question on what qualified as surveys under the definitions of HF2671

Meredith Fergus, Minnesota Department of Education, testified with concern to HF2671, noting possible issues with necessary data sharing, and storage provisions.

Roger Aronson, Minnesota State High School League, spoke in opposition to HF2671, noting issues with data sharing, litigation issues, and informed consent.

Mary Gilbert, Saint Paul Public Schools, spoke in opposition to HF2671 and HF2898, on Saint Paul Public School’s compliance to various federal law, data sharing with state agencies, and opt-in compliance issues.

Peter Martin, Minnesota School Board Association, spoke in opposition to HF2671, and PPRA compliance by schools.

Representative Erickson moved that HF2671 be laid on the table. THE MOTION PREVAILED.

The committee recessed at 9:57 A.M.

The meeting reconvened at 5:32 P.M.

HF2813(Erickson); Statutory references to parental rights in education.

Representative Erickson moved HF2813 be laid over for possible inclusion in an omnibus bill.

Mary Sakony, Parents United, testified in favor of HF2813.

Representative Erickson renewed her motion to lay over HF2813 for possible inclusion in an omnibus bill. THE MOTION PREVAILED.

HF2762(Erickson); Minnesota Department of Education data security plan.

Representative Erickson moved HF2762 be laid over for possible inclusion in an omnibus bill.

Kevin McHenry, Assistant Commissioner Minnesota Department of Education, testified in favor of HF2762.

Representative Erickson renewed her motion to lay over HF2762 for possible inclusion in an omnibus bill. THE MOTION PREVAILED.

HF2898(Lucero); Protecting student data under the Minnesota Student Data Privacy Act.

Representative Erickson moved that HF2898 be laid over.

Representative Lucero moved the DE Amendment A16-0882 to HF2898. THE MOTION PREVAILED AND THE AMENDMENT WAS APODTED.

Ben Feist, Legislative Director, American Civil Liberties Union of Minnesota, testified in favor of HF2898.

Linda Bell, Parent and Educator, testified in favor of HF2898.

Anne Taylor, testified in favor HF2898.

Sara Kloek, Know What’s Inside, testified in opposition to HF2898.

Matt Ehling, testified in support of HF2898, and 1 to 1 computing.

Roger Aronson, Elementary and Secondary Principles, testified in opposition to HF2898, citing difference in constitutional scrutiny for privacy in school vs. public settings.

Peter Martin, testified in opposition to HF2898, citing constitutional case law supporting unique school-student relationship for search and seizure scrutiny, and expectation of privacy.

Representative Erickson renewed the motion to lay over HF2898, as amended. THE MOTION PREVAILED.

The meeting was adjourned at 7:11 P.M.








Representative Sondra Erickson, Chair




Tom Brennan, Committee Legislative Assistant
More Info On This Meeting..
Bills Added:
  • HF2762 (Erickson) - Education commissioner directed to develop plan to ensure privacy and security of students' personally identifiable information.
  • HF2898 (Lucero) - Student privacy in data on electronic devices provided by an educational institution protected, and penalties provided.
  • HF2899 (Lucero) - Student privacy with respect to electronic data in student information systems protected, and penalties provided.
  • HF2900 (Lucero) - Student privacy in personal electronic devices on campus protected, and civil penalties provided.
  • HF2813 (Erickson) - Statutes governing parental rights in education cross-reference directory created.
  • HF2671 (Lucero) - Student data access addressed, disclosure requirements affecting personally identifiable information about a student clarified, information in electronic student education records managed, student survey requirements established, and civil penalties provided.
Documents:

Bills may be taken in any order. Bills may be added.

***If necessary, the committee will reconvene in the Basement Hearing Room at 5:00 p.m. or 20 minutes after the conclusion of session (if applicable), whichever is later, to finish our agenda***

***If you are interested in testifying, please contact Tom Brennan at tom.brennan@house.mn***