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Committee backs bill to make higher‑education applications confidential and allow applicants to request destruction of records
Summary
Representative Jared Hendricks told the House Education Committee that House Bill 15‑42 would make admission application records to State Board of Higher Education institutions confidential, allow applicants to request destruction of disclosed application records, and restrict possession of those records to employees acting within regular duties.
Representative Jared Hendricks presented House Bill 15‑42 to the House Education Committee, proposing to make records related to an individual’s application for admission to institutions administered by the State Board of Higher Education confidential; permit applicants or parents/guardians (if applicant was under 18 at submission) to request destruction of a record previously disclosed; and prohibit possession of such records by anyone except in the regular course of duties.
Hendricks said current North Dakota law and State Board policy (he cited North Dakota Century Code section 44‑04‑18 and section 3.11 of the State Board policy manual) leave application records open to public records requests, which can reveal personal information (for example, personal statements, recommendations, or email communications) even when those materials would be protected if the person became a student under FERPA. He said the bill is intended to close that gap, to protect applicants from public disclosure of sensitive personal information and to require public officials to destroy copies they obtained without need.
During questioning Representative Economy asked how the issue arose; Hendricks said a constituent who had requested his own records received a full set of application materials through an open records response and was alarmed. Representatives and witnesses clarified that the bill would not change existing retention schedules where schools already lawfully retain or destroy application materials, and that the statute would target public disclosure and possession beyond regular duties.
After closing the hearing the committee voted on a motion for a due pass; the motion (moved by Representative Morton, seconded by Representative Novak) passed on a roll call (tally 13 yes, 1 no). The committee will advance the bill out of committee for further consideration.
Notes: Committee members discussed examples of application contents (transcripts, recommendations, test scores, personal essays) and asked whether law enforcement exceptions might apply; the bill’s language includes “except as otherwise provided by law,” which committee members identified as a placeholder for such statutory exceptions.
