Dr. Terence Morrow, Director of Legal and Policy Services with MSBA, reached out to the House Research Department after the master class for clarification on some questions that were raised by participants during the presentation. The responses are below. Thank you to Dr. Morrow for providing MASA with the clarifying information! The law says that notice will be provided “within 30 days of the start of the school year.” It does not state whether it is 30 days before or 30 days after. Participants are seeking guidance.
This could be 30 days before or after the start of the school year.
A related question asks whether the 30 days are calendar days or work days. My presumption is calendar days.
You are right, this means calendar days. One small caveat: under § 645.15 (which deals with the computation of time generally in Minnesota law), “[w]hen the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation,” and you would skip ahead to the following weekday. Because the key date in this statute is the start of a school year (which would be a normal weekday), this caveat should only matter for calculating 30 days after the start of the school year.
The notice is given at the start of the school year. If a school adds technology services during the school year, is there a notice requirement?
The law does not address notice requirements for contracts entered into after the 30-day window. A district certainly isn’t prohibited from providing an additional supplementary notice, but the law contemplates a single notice around the start of the school year for all the relevant existing contracts. If a district enters into a new contract in the middle of a school year, that could be included in the notice for the next school year.
Effective for the 2022-23 school year and after, the new law creates requirements that schools and technology providers must meet regarding educational data and other matters, including:
specific provisions that must appear in contracts between technology providers and schools;
limitations and notice requirements before a school or a technology provider electronically accesses or monitors a school-issued device; and
notice to parents and students “within 30 days of the start of each school year” regarding any curriculum, testing or assessment technology provider contract affecting a student’s educational data.
To assist schools in meeting these requirements, MSBA worked with MASA and a team of K-12 technology experts to create helpful resources:
Updated MSBA/MASA Model Policy 524: Internet Acceptable Use and Safety Policy available to Policy Services subscribers on the MSBA website (under Resources andPolicies) [Redline and clean versions are available]
MASA Master Class MN Tech Data Privacy Law Overview
The Google Docs contain sample materials, including:
Beginning of the school year notice
Software Inventory and Student Data Elements (crowdsourced)
Many thanks to MASA, Eric Simmons, Ed.S (Director of Technology, Chisago Lakes School District), Anthony Padrnos, Ed.S (Executive Director of Technology, Osseo Area Schools), and Joel VerDuin, Ed.D (Chief Technology Officer, Anoka-Hennepin School District) for your leadership and expertise on this project.
#8 Habits of the Heart for Educational Leaders: Demonstrating empathy and compassion during and after a pandemic presented by Linda Madsen, Superintendent Forest Lake Schools (2009-2017) Michael Lovett, Superintendent, White Bear Lake Area Schools (2008-2017) Donald Draayer, Superintendent, Minnetonka Schools (1971-1995) View Handout Here View Video Here