HB 1587-FN-LOCAL – AS INTRODUCED
2014 SESSION
04/05
HOUSE BILL 1587-FN-LOCAL
AN ACT relative to the collection and disclosure of student data.
This bill regulates the collection and distribution of student data.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2467
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the collection and disclosure of student data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; School Boards; Student and Teacher Information Protection and Privacy. Amend RSA 189 by inserting after section 64 the following new subdivision:
Student and Teacher Information Protection and Privacy
189:65 Definitions. In this subdivision:
I. “Biometric” means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting.
II. “Board” means the state board of education.
III. “Department” means the department of education.
IV. “District”, “school” , or “school district” means a school district and includes the school administrative unit to which it may belong.
V. “Disclosure” means permitting access to, revealing, releasing, transferring, or otherwise communicating, personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic.
VI. “Statewide longitudinal data system” (SLDS) means the department’s statewide longitudinal data system containing student information and any other state or federal database containing student information, whether under contract to, or with a memorandum of understanding with, the department, excluding special education and adult education databases.
VII. “Student personally-identifiable data” means:
(a) The student’s name.
(b) The name of the student’s parents or other family members.
(c) The address of the student or student’s family.
(d) Indirect identifiers, including the student’s date of birth, place of birth, social security number, email, social media address, or other electronic address, telephone number, credit card account number, insurance account number, and financial services account number
(e) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.
189:66 Data Inventory and Policies Publication. The department shall create, maintain, and make publicly available an index of data elements containing definitions of individual student personally-identifiable data fields currently in the SLDS or any other database maintained by the department including:
I. Any individual student personally-identifiable data required to be reported by state or federal law.
II. Any individual student personally-identifiable data which has been proposed for inclusion in the SLDS with a statement explaining the purpose or reason for the proposed collection.
III. Any individual student personally-identifiable data that the department collects or maintains.
189:67 Limits on Disclosure of Information,
I A local school shall disclose student personally-identifiable data about a student to the parent of the student or to the eligible student.
II. A school may disclose to the district in which the student resides and to a testing entity the student’s name, unique pupil identifier, birth date, and grade level, for the sole purpose of identifying the test taker .
III. Neither a school nor the department shall disclose student personally-identifiable data to any entity performing test-data analysis.
IV. Except as provided in state statute, or pursuant to a subpoena or court orders, the department shall not disclose student personally-identifiable data to any individual, organization, government, or government entity other than the student’s district of residence but may disclose such data to the student’s district of residence.
V. Student personally-identifiable data shall be considered confidential and privileged and shall not be disclosed, directly or indirectly, as a result of administrative or judicial proceedings.
189:68 Student Privacy.
I. The department shall not collect or maintain the following data in any database, including the SLDS:
(a) Name of the student’s parents or other family members.
(b) Address of the student or student’s family.
(c) Student email or other electronic address.
(d) Student or family telephone number.
(e) Student or parent credit card account number, insurance account number or financial services account number
(f) Juvenile delinquency records.
(g) Criminal records.
(h) Medical and dental insurance information.
(i) Student birth information, other than birth date and birth place.
(j) Student social security number.
(k) Student biometric information.
(l) Student postsecondary workforce employer.
(m) Height and weight.
(n) Body mass index (BMI).
(o) Political affiliations or beliefs of student or parents.
(p) Family income.
(q) Mother’s maiden name.
(r) Parent’s social security numbers.
(s) Mental and psychological problems of the student or the student’s family.
(t) Sex behavior or attitudes.
(u) Indication of a student pregnancy.
(v) Religious practices, affiliations, or beliefs of the student or the student’s parents.
II. No school shall require a student to use an identification device that uses radio frequency identification, or similar technology, to identify the student, transmit information regarding the student, or monitor or track the student without approval of the school board, after a public hearing, and without the written consent of a parent of legal guardian of an affected student which may be withheld without consequence.
III. No school shall install remote surveillance software on a school supplied computing device provided to a student or a teacher without the approval of the school board, after a public hearing and without the written consent of the teacher or a parent or legal guardian of the affected student which may be withheld without consequence. In this paragraph, “surveillance” means observing, capturing images, listening, or recording and shall not include locating equipment when there is reason to believe the equipment is about to be or has been stolen or damaged.
2 Information Technology Council; Members; Commissioner of Education. RSA 21-R:6, II(g) is repealed and reenacted to read as follows:
(g) The commissioner of the department of education, or designee.
3 Unique Pupil Identification. Amend RSA 193-E:5, I(o) to read as follows:
(o) At the request of an early childhood program, school district, or postsecondary institution, the department of education shall provide pupil-level data from the unique pupil identification system to an early childhood program, school district, or postsecondary institution for pupils pursing an education in that entity. The department shall not provide for any purpose any personally-identifiable [pupil-level] data to [an entity not directly involved with the pupil’s education] any public or private individual or entity, including the local, state, or federal government, or department or agency thereof, regardless of whether such individual or entity is for profit or not-for-profit, and regardless of whether the public or private individual or entity is involved in any way with the pupil’s education.
4 Effective Date. This act shall take effect July 1, 2014.
LBAO
14-2467
12/13/13
HB 1587-FN-LOCAL - FISCAL NOTE
AN ACT relative to the collection and disclosure of student data.
FISCAL IMPACT:
The Department of Education states this bill, as introduced, may increase state and local expenditures by an indeterminable amount in FY 2015 and each year thereafter. There will be no impact on state, county, and local revenue, or county expenditures.
METHODOLOGY:
The Department of Education states this bill regulates the collection and distribution of student data. The Department states this bill, as written, is in conflict with state accountability laws, which may negatively impact millions of dollars in federal aid to the state. Furthermore, the Department states this bill requires an effort from local towns in the terms of school board oversight and district personnel to develop individual plans, to which there may be an indeterminable impact on local expenditures.