Bill Text: IA HF2053 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to statewide student assessments and to student data collection by the department of education, school districts, and accredited nonpublic schools.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2016-01-20 - Subcommittee, Highfill, Hanusa, and Staed. H.J. 98. [HF2053 Detail]
Download: Iowa-2015-HF2053-Introduced.html
House File 2053 - Introduced HOUSE FILE BY SALMON, GUSTAFSON, HEARTSILL, HOLT, KOOIKER, KAUFMANN, WATTS, BAXTER, GASSMAN, SHEETS, LANDON, FISHER, NUNN, BRANHAGEN, KLEIN, and ROGERS A BILL FOR 1 An Act relating to statewide student assessments and to student 2 data collection by the department of education, school 3 districts, and accredited nonpublic schools. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5109YH (5) 86 kh/rj PAG LIN 1 1 Section 1. Section 256.7, subsection 21, paragraph b, 1 2 subparagraph (2), Code 2016, is amended to read as follows: 1 3 (2) Notwithstanding subparagraph (1), for the school year 1 4 beginning July 1, 2016, and each succeeding school year, the 1 5 rules shall provide that all students enrolled in school 1 6 districts in grades three through eleven shall be administered 1 7 an assessment during the last quarter of the school year that 1 8 at a minimum assesses the core academic indicators identified 1 9 in this paragraph "b"; is aligned with the Iowa common core 1 10 standards in both content and rigor; accurately describes 1 11 student achievement and growth for purposes of the school, the 1 12 school district, and state accountability systems; and provides 1 13 valid, reliable, and fair measures of student progress toward 1 14 college or career readiness. However, if the state board 1 15 proposes rules providing for a statewide assessment other than 1 16 the assessment approved pursuant to subparagraph (1), the state 1 17 board shall submit its proposed rules to the general assembly 1 18 and shall not adopt such rules unless the proposed rules are 1 19 specifically authorized by a constitutional majority of each 1 20 house of the general assembly and approved by the governor. 1 21 Sec. 2. NEW SECTION. 256.34 Student data collection ==== 1 22 policies and plans. 1 23 1. The department shall establish data collection, data 1 24 privacy, and data sharing policies for data relating to 1 25 students collected by the department, school districts, and 1 26 accredited nonpublic schools. 1 27 2. The department shall annually conduct an inventory of and 1 28 categorize the data collected on students and the purposes for 1 29 which the data is collected, and shall report to the general 1 30 assembly by November 1, 2016, and by November 1 each succeeding 1 31 year, the department's findings and recommendations. 1 32 3. The department shall create a detailed student data 1 33 security plan that includes privacy compliance standards, a 1 34 data breach plan, data retention or destruction plans, and 1 35 guidelines for authorizing student and parental access to 2 1 student data. This section shall not be construed to undermine 2 2 or eliminate the right of a student's parent or guardian 2 3 to review, correct, amend, add to, or delete the student's 2 4 information on the department's database, or the student's 2 5 future right as an adult to review, correct, amend, add to, or 2 6 delete the student's information on the department's database. 2 7 4. The department, school districts, and accredited 2 8 nonpublic schools shall not include any of the following in 2 9 student data files: 2 10 a. Information regarding biometrics, psychometrics, or 2 11 health. 2 12 b. Any of the following information as it relates to the 2 13 student or the student's family: 2 14 (1) Voting status. 2 15 (2) Income. 2 16 (3) Personality traits such as work techniques, attitude, 2 17 and effort. 2 18 (4) Political affiliations. 2 19 (5) Religious affiliations. 2 20 (6) Telephone numbers other than contact telephone numbers. 2 21 (7) Criminal or juvenile justice records. 2 22 5. a. Student data shall be kept confidential by the 2 23 department, a school district, or an accredited nonpublic 2 24 school unless otherwise ordered by a court, by the lawful 2 25 custodian of the data, or by another person duly authorized to 2 26 release such data. 2 27 b. Except as provided in paragraph "a", student data shall 2 28 not be provided outside of the state unless necessary to 2 29 facilitate the timely enrollment and placement of a student who 2 30 is transferring to a school outside the state. 2 31 6. Except as prohibited in subsection 7, the department 2 32 shall establish and maintain a policy relating to the sharing, 2 33 security, and confidentiality of student data in compliance 2 34 with the federal Family Educational Rights and Privacy Act, 20 2 35 U.S.C. {1232g. 3 1 7. The state board and the department shall not enter 3 2 into an agreement with any entity that has an agreement with 3 3 any federal governmental agency or with a third party that 3 4 has an agreement with any federal governmental agency, to 3 5 share personally identifiable student data, or that is working 3 6 with any federal governmental agency to develop a strategy to 3 7 make available, on an ongoing basis for research, personally 3 8 identifiable student data that results from services provided 3 9 by the entity to the state. 3 10 8. The department shall notify the governor and the 3 11 general assembly annually of changes in measures to collect 3 12 student data or to maintain student data collections by the 3 13 department which are required for any reason, including changes 3 14 in federal reporting requirements. Such change shall not be 3 15 implemented by the department unless specifically authorized by 3 16 a constitutional majority of each house of the general assembly 3 17 and approved by the governor or unless otherwise specifically 3 18 authorized by statute. 3 19 9. Student data shall not be published, or shared outside 3 20 the state, by the department except in aggregate form. 3 21 10. This section shall not be construed to supersede any 3 22 provision of section 22.7, section 256.9, subsection 48, or 3 23 chapter 256H. 3 24 EXPLANATION 3 25 The inclusion of this explanation does not constitute agreement with 3 26 the explanation's substance by the members of the general assembly. 3 27 This bill relates to statewide student assessments and 3 28 student data collection by the department of education, 3 29 school districts, and accredited nonpublic schools. The bill 3 30 requires the department to create student data=related policies 3 31 and plans, and also requires that changes proposed by the 3 32 department relating to the statewide assessment or to student 3 33 data collection or maintenance must be specifically authorized 3 34 by the general assembly and approved by the governor. 3 35 ASSESSMENTS. Currently, Code section 256.7(21) requires the 4 1 state board of education to specify in rule that the approved 4 2 district=wide assessment of student progress administered for 4 3 purposes of the core academic indicators in mathematics and 4 4 reading in grades 4, 8, and 11, and for science in grades 8 4 5 and 11, must be the Iowa assessments. However, for the school 4 6 year beginning July 1, 2016, and each succeeding school year, 4 7 the rules must provide that the assessment at a minimum must 4 8 also be aligned with the Iowa common core standards in both 4 9 content and rigor; accurately describe student achievement and 4 10 growth for purposes of the school, the school district, and 4 11 state accountability systems; and provide valid, reliable, and 4 12 fair measures of student progress toward college or career 4 13 readiness. Under the bill, if the state board proposes rules 4 14 providing for a statewide assessment other than the Iowa 4 15 assessments, it must submit the proposed rules to the general 4 16 assembly, and the state board is prohibited from adopting such 4 17 rules unless specifically authorized by the general assembly 4 18 and the governor. 4 19 STUDENT DATA COLLECTION == POLICIES AND PLANS. The bill 4 20 requires the department to establish policies for student 4 21 data collection, and to annually conduct an inventory of and 4 22 categorize the data collected on students and the purposes 4 23 for which the data is collected, and report its findings and 4 24 recommendations to the general assembly by November 1, 2016, 4 25 and by November 1 each succeeding year. 4 26 The department must also create a detailed student 4 27 data security plan, a data breach plan, data retention or 4 28 destruction plans, and guidelines for authorizing student and 4 29 parental access to student data. 4 30 The bill prohibits the department, school districts, and 4 31 accredited nonpublic schools from including in student data 4 32 files certain information regarding biometrics, psychometrics, 4 33 and health; certain information concerning the student's or the 4 34 student's family; and further prohibits the department from 4 35 publishing student data, and from sharing student data outside 5 1 the state, except in aggregate form. 5 2 Student data must be kept confidential unless otherwise 5 3 ordered by a court, by the lawful custodian of the records, or 5 4 by another person duly authorized to release such information. 5 5 The bill allows student data to be provided outside of the 5 6 state if necessary to facilitate the timely enrollment and 5 7 placement of a student who is transferring to an out=of=state 5 8 school. Similar provisions are currently provided for in 5 9 Code chapters 22 and 256H, and Code sections 279.9A, 280.19A, 5 10 280.25, 280.29, and 299A.11. 5 11 The department must establish and maintain a policy relating 5 12 to the sharing, security, and confidentiality of student data 5 13 in compliance with the federal Family Educational Rights 5 14 and Privacy Act, 20 U.S.C. {1232g. The state board and the 5 15 department are prohibited from entering into an agreement with 5 16 any entity that has an agreement with any federal governmental 5 17 agency or with a third party that has an agreement with any 5 18 federal governmental agency, to share personally identifiable 5 19 student data, or that is working with any federal governmental 5 20 agency to develop a strategy to make available, on an ongoing 5 21 basis for research, personally identifiable student data that 5 22 results from services provided by the entity to the state. 5 23 The department shall notify the governor and the general 5 24 assembly annually of changes to existing student data 5 25 collections maintained by the department. Unless specifically 5 26 authorized by the general assembly and approved by the 5 27 governor, changes that are not necessitated by changes in state 5 28 and federal reporting requirements shall not be implemented. 5 29 The new provisions relating to student data shall not be 5 30 construed to undermine or eliminate the right of a student's 5 31 parent or guardian to review, correct, amend, add to, or delete 5 32 the student's information on the department's database, or the 5 33 student's future right as an adult to review, correct, amend, 5 34 add to, or delete the student's information on the department's 5 35 database; or construed to supersede any existing open records 6 1 law provisions, provisions relating to the department's 6 2 comprehensive management information system which are in 6 3 compliance with state and federal reporting requirements, or 6 4 provisions enacting the interstate compact on educational 6 5 opportunity for military children. LSB 5109YH (5) 86 kh/rj
