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HB 414 (Reps. Brockway-R, Dudgeon-R, Jasperse-R, Kaiser-D, Stovall-D, and Holmes-R) Adds new Code Sections 20-2-660 - 20-2-668, and to provide additional protections for covered personally identifiable student information and materials created and/or provided by the parent, student, school, school employee, or online provider to sites, services, or applications which are used for k-12 school purposes. Specifically, the bill requires the following: - The State School Superintendent shall designate a department employee to serve as the chief information officer to assume primary responsiblity for data privacy and security policy.
- Unless required by state or federal law or in cases of health or safety emergencies, local boards of education shall not report to the Department of Education any of the following:
- Juvenile Delinquency Records
- Criminal Records
- Medical Records
- Unless required by sate or federal law, or in cases of health or safety emergencies, schools shall not collect the following data on students or their families:
- Political affiliation
- Voting history
- Income, except as required by law or where a local board of education determines income information is required to apply for, administer, research, or evaluate programs to assist students from low income families.
- Religious affiliation or beliefs.
The bill also places siginifcant data protection and site design requirements on operators of on-line sites that collect, develop, or have access to student data. Specifically, the operator of an online service cannot: - Allow targeted advertising on the site, service, or application that is based upon any information including covered information and persistant unique identifiers, created or gathered by the operator's site, service, or application;
- Use information, including persistent unique identifiers, created or gathered by the operator's site, service, or application to amass a profile about a k-12 student except in furtherance of k-12 school purposes;
- Sell a student's information;
- Disclose covered information unless the disclosure is made:
- In furtherance of the k-12 purpose of the site, service, or application.
- To insure legal and regulatory compliance;
- To respond to or participate in the judicial system;
- To protect the safety of users or othes or security of the site; or
- To a service provider, provided the operator contractually meets requirements of the law.
The bill gives parents the right to inspect, review, and request corrections to all data in his or her child's education record maintained by the school or the local board of education, including data maintained by an operator, unless the board of education determines the data maintained by the operator cannot be reasonalby made available to the parent. Data must be provided in electronic form, if so requested, unless the local board of education does not maintain a record in electronic form and reproducing the record in electronic form would be unduly burdensome. The bill contains provisions for the Department of Education to deveop policies for local boards to support local boards in fulling their responsibilities under the act, assist local boards with ensuring security when providing data to parents, provide guidance and best practices to local boards in order to insure that data is provided only to authorized individuals, support local boards in their responsibility to produce education records and student data to parents and eligible students within 3 business days of the request and assist school and local boards with implementing technology and programs that allow a parent to view online, download, and transmit data specific to his/her child's education record. The department also must develop policies and procedures for a parent or eligible student to file a complaint regarding alleged violations under this act. |
| Short Note:
Language attached to SB85 SB89 on House Calendar for Tuesday |