Bill Text: AZ SB1389 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Student, teacher data collection; prohibitions.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2016-02-18 - Referred to Senate RULES Committee [SB1389 Detail]
Download: Arizona-2016-SB1389-Introduced.html
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REFERENCE TITLE: student, teacher data collection; prohibitions. |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1389 |
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Introduced by Senator Burges; Representatives Borrelli, Mitchell: Senators Allen S, Farnsworth D, Smith; Representatives Gray, Kern, Lawrence, Livingston, Lovas
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AN ACT
amending Title 15, chapter 9, article 8, Arizona Revised Statutes, by adding section 15-1046; relating to student and teacher data.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 15-1046, to read:
15-1046. Student and teacher data; transparency and accountability; civil penalties
A. Notwithstanding any other law, this state affirms the parent or guardian as the final authority in all matters regarding the education, health care and mental health of the parent's or guardian's student and prohibits the access, release or sharing of personally identifiable information, student level data or any information about students without a written explanation of why the information is being requested and for what purposes it will be used. Before any data collection, written consent of the parent or guardian is required.
B. Notwithstanding any other law, the department of education and schools may not collect any personally identifiable information on any student or teacher without receiving prior written consent, and only after providing the parent, guardian or teacher with a written explanation of why the information is being requested and for what purpose. the department and schools shall establish Procedures to notify teachers, students and parents regarding the rights of teachers, students and parents or guardians under federal and state law.
C. This state may not share any student's personally identifiable information with any federal agency, any federal personnel or any nongovernmental entity, including vendors, contractors and subcontractors, without obtaining prior written consent from the student's parent or guardian.
D. A governmental entity may not discriminate in any manner against a parent, guardian, student or school employee who chooses not to provide prior written consent pursuant to this section.
E. Notwithstanding any other law, a state or national student assessment may not be adopted or administered in this state that collects any type of psychological data, including assessment of noncognitive skills or attributes, psychological attributes, feelings, emotions, values, appreciations, enthusiasms, motivations, mindsets, learning strategies, attitudes, beliefs, dispositions, conceptions of self, social skills, interpersonal skills, intrapersonal resources or other aspects of the affective domain.
F. Notwithstanding any other law, any state or national test used in this state to measure student academic achievement must meet minimal standards specified in a nationally recognized publication concerning Educational and Psychological Testing. The reliability and validity of any state or national norm-referenced achievement test must be established by independent reports in academic journals or independent reports before that test may be adopted or administered in this state.
G. Notwithstanding any other law, the state board of education, the department of education and any other state entity may not spend any monies, whether from state, federal or private sources, on further construction, enhancement or expansion of any statewide longitudinal data system designed to track students beyond grade twelve or compile personal, nonacademic information beyond what is necessary either for administrative functions directly related to students' schooling or for evaluation of academic programs and student progress.
H. Notwithstanding any other law, the state board of education, the arizona department of education, the data governance commission and any political subdivision of this state may not share any personally identifiable information of students and teachers with the United States department of education. This subsection does not prohibit the sharing of aggregated data.
I. Notwithstanding any other law, the arizona department of education shall require every recipient of a federal grant to do the following:
1. Obtain prior written consent from the teacher or the student's parent or guardian and retain the signed consent forms for the duration of the project.
2. Provide written notification to the parents or guardians of every student whose data will be shared and to every teacher whose data will be shared of all of the following:
(a) That the recipient of the federal grant may not turn over the student's or teacher's data to the United States department of education.
(b) That neither the recipient of the federal grant nor any other entity in this state will have control over the use or further sharing of that data.
(c) The contact information, including the telephone number and e-mail address, of the United States department of education official who demands the data.
(d) The way in which the data will be used.
J. Notwithstanding any other law, to ensure transparency of data collected or used in this state, the department of education shall:
1. Develop and make publicly available to the people of this state, by posting on the website of the data governance commission with a link to the website of the department of education, a data inventory and index of data elements with definitions of each data field in the system that includes all of the following:
(a) Any personally identifiable student level data required to be reported by state and federal law.
(b) Any other personally identifiable student level data that has been proposed for inclusion in the student data system and a statement of purpose or reason for the proposed collection.
(c) Any individual student level data that the department collects or maintains with no stated current purpose or reason.
(d) A description of the procedures by which a parent or guardian may review the student's records and correct any erroneous information.
2. Develop, publish and make available to the people of this state, by posting on the website of the data governance commission with a link to the website of the department of education, policies and procedures that comply with the family educational rights and privacy act of 1974 and other relevant privacy laws and policies, including policies and procedures that specify that Access to personally identifiable student level data in any current statewide data system is restricted to:
(a) The authorized staff of the department of education and any of the department's contractors that require such access.
(b) District administrators, teachers and school personnel who require such access to perform assigned duties.
(c) Students and their parents or guardians for their own data.
(d) The authorized staff of other state agencies in this state as required by law and defined by interagency data sharing agreements.
K. Notwithstanding any other law, personally identifiable student level data maintained by the department of education shall remain confidential. The department shall use only aggregate data in public reports or in response to public record requests.
L. Notwithstanding any other law, the department of education and the data GOVERNANCE commission shall develop criteria for the approval of research and data requests from state and local agencies, the legislature, researchers and the public that provide student level records with all personally identifiable student level data removed. In all cases, individual student identities shall remain confidential.
M. The department of education shall develop and make publicly available to the people of this state, by posting on the website of the data governance commission with a link to the website of the department of education, a detailed data security plan that includes all of the following:
1. Guidelines for authorizing access to the data system and to individual student level data, including guidelines for authentication of authorized access.
2. Privacy compliance standards.
3. Privacy and security audits.
4. Breach planning, notification and procedures.
5. Data retention and disposition policies.
6. Data security policies, including electronic, physical and administrative safeguards, such as data encryption and training of employees.
N. Notwithstanding any other law, the department of education may not share or transfer any personally identifiable information about any student or teacher with any entity in this state unless that entity is an educational agency or institution that will not:
1. Use the data to develop commercial products or services.
2. Share or transfer any personally identifiable information about any student or teacher to any economic or workforce development research or initiative.
3. Share any personally identifiable information compiled regarding students or teachers with any entity outside this state, except as provided in this section.
O. Notwithstanding any other law, the department of education shall ensure that all contracts that govern databases, assessments or instructional supports that include student or redacted data and that are outsourced to private vendors include written provisions that specifically safeguard student privacy and data security, including provisions that prohibit private vendors from selling student level data or from using student level data in furtherance of advertising, with penalties for noncompliance. The department may not share any personally identifiable information about any student or teacher with any entity that will use that information for development of commercial products or services or that will transfer that data to any other entity for use in the development of commercial products or services. A contractor working with student records shall agree in writing that it will not disclose such information, including for online behavioral advertising, for the sale of data for any commercial purpose or for any other commercial or noncommercial activity or product. Contractors may not share any student's personally identifiable information with any federal agency or federal personnel without prior written consent from the student's parent or guardian.
P. Notwithstanding any other law, the arizona department of education and the data governance commission shall notify the governor, the president of the senate, the speaker of the house of representatives, the superintendent of public instruction, the state board of education, parents or guardians and the public, by posting on the website of the data governance commission with a link to the website of the department of education, of both of the following:
1. New student level data elements proposed for inclusion in the state student data system.
2. Changes to existing data collection required for any reason, including changes to the federal reporting requirements made by the United States department of education.
Q. Notwithstanding any other law, the department of education may not collect, and school districts and charter schools may not report, any of the following individual student level data:
1. Juvenile court delinquency records.
2. Criminal records.
3. Student biometric information.
4. Information about political affiliation and voting history of students, siblings of students or parents or guardians of students.
5. Information about the religion of students, siblings of students or parents or guardians of students.
6. Information about firearm and ammunition ownership or other hobbies of students, siblings of students or parents or guardians of students.
7. Information about drug or alcohol use of students, siblings of students or parents or guardians of students.
8. The Quality of home students' interpersonal relationships.
9. mental health screenings and mental health survey data of students, siblings of students or parents or guardians of students.
R. Notwithstanding any other law, employees of the department of education and of any other state agency who violate this section are subject to termination from existing employment and prohibition from further employment with this state. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may serve on the employee or former employee an order requiring compliance with this section and may assess a civil penalty of not more than five thousand dollars for each violation. The employee or former employee who is determined to be out of compliance with this section is responsible for the payment of all civil penalties, and public monies or insurance payments may not be used to pay these civil penalties. Civil penalties collected pursuant to this section shall be transmitted to the state treasurer for deposit in the state general fund.
S. Notwithstanding any other law, for each violation of this section or any rule adopted pursuant to this section by an organization or entity other than a state agency, a school district governing board or an educational entity, a civil penalty shall be imposed in the amount of ten thousand dollars for each student record. if a person or entity that is a contractor with this state or with an educational entity in this state violates this section, the contract shall be terminated and that person or entity is prohibited from entering into any contract in the future with this state or an educational entity in this state. The attorney general may enforce compliance with this section by conducting investigations and initiating civil actions to seek civil penalties for violations of this section and to seek appropriate injunctive relief, including a prohibition on obtaining personally identifiable information for an appropriate time period. The attorney general may subpoena witnesses, compel attendance of witnesses, examine witnesses under oath and require the production, examination or audit of any books, records, documents, papers or electronic records relevant to the inquiry. subpoenas issued pursuant to this subsection may be enforced pursuant to the Arizona rules of civil procedure.
T. The requirements of this section concerning curricula, standards, instructional methods, assessments, professional development, data collection, proposals, agreements, grants or documents include both paper and electronic media, whether stored locally, on the Internet or on servers connected to the internet or streamed or projected by, through or from any electronic device or software.
U. The State Board of Education, the Department of Education, school districts and charter schools may not purchase, lease, rent or use hardware or software for instruction, including tutorials, simulations, gaming, interactive textbooks, collaborative software or operating systems, that collects any user data without obtaining prior written consent from parents or guardians and teachers, or that denies access to parents, guardians or citizens of this state.
Sec. 2. Legislative findings and declarations
The legislature finds and declares that:
1. The rights of parents and guardians of students in this state are explicitly stated in:
(a) Section 1-601, Arizona Revised Statutes, as "The liberty of parents to direct the upbringing, education, health care and mental health of their children is a fundamental right."
(b) Section 1-602, Arizona Revised Statutes, as "All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution."
2. According to the fourth amendment to the Constitution of the United States, individuals have the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The role of government is to ensure these rights.
3. A de facto national longitudinal data system via connections to each state's longitudinal data system, controlled by national private-public partnerships that usurp the privacy of Arizona parents and guardians and local school board control, builds the infrastructure for undermining the Constitution of the United States, individual rights and states' rights and destroys locally determined curricular values and locally determined data usage. The constitutionally protected privacy and property of Arizona citizens is what these combined statewide longitudinal data systems seek to monitor, control and change.
