Bill Text: IA HF48 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to student data collection by the department of education, school districts, and accredited nonpublic schools.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-04-04 - Subcommittee recommends indefinite postponement. [HF48 Detail]
Download: Iowa-2017-HF48-Introduced.html
House File 48 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to student data collection by the department 2 of education, school districts, and accredited nonpublic 3 schools. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1114YH (7) 87 kh/rj PAG LIN 1 1 Section 1. NEW SECTION. 256.25 Student data collection ==== 1 2 policies and plans. 1 3 1. The department shall establish data collection, data 1 4 privacy, and data sharing policies for data relating to 1 5 students collected by the department, school districts, and 1 6 accredited nonpublic schools. 1 7 2. The department shall annually conduct an inventory of and 1 8 categorize the data collected on students and the purposes for 1 9 which the data is collected, and shall report to the general 1 10 assembly by November 1, 2017, and by November 1 each succeeding 1 11 year, the department's findings and recommendations. 1 12 3. The department shall create a detailed student data 1 13 security plan that includes privacy compliance standards, a 1 14 data breach plan, data retention or destruction plans, and 1 15 guidelines for authorizing student and parental access to 1 16 student data. 1 17 4. The department, school districts, and accredited 1 18 nonpublic schools shall not include any of the following in 1 19 student data files: 1 20 a. Information regarding biometrics, psychometrics, or 1 21 health. 1 22 b. Any of the following information as it relates to the 1 23 student or the student's family: 1 24 (1) Voting status. 1 25 (2) Income. 1 26 (3) Personality traits such as work techniques, attitude, 1 27 and effort. 1 28 (4) Political affiliations. 1 29 (5) Religious affiliations. 1 30 (6) Telephone numbers other than contact telephone numbers. 1 31 (7) Electronic mail addresses other than contact electronic 1 32 mail addresses. 1 33 (8) Criminal or juvenile justice records. 1 34 5. a. Student data shall be kept confidential by the 1 35 department, a school district, or an accredited nonpublic 2 1 school unless otherwise ordered by a court, by the lawful 2 2 custodian of the data, or by another person duly authorized to 2 3 release such data. 2 4 b. Except as provided in paragraph "a", student data shall 2 5 not be provided outside of the state unless necessary to 2 6 facilitate the timely enrollment and placement of a student who 2 7 is transferring to a school outside the state. 2 8 6. Except as prohibited in subsection 7, the department 2 9 shall establish and maintain a policy relating to the sharing, 2 10 security, and confidentiality of student data in compliance 2 11 with the federal Family Educational Rights and Privacy Act, 20 2 12 U.S.C. {1232g. 2 13 7. The state board and the department shall not enter 2 14 into an agreement with any entity that has an agreement with 2 15 any federal governmental agency or with a third party that 2 16 has an agreement with any federal governmental agency, to 2 17 share personally identifiable student data, or that is working 2 18 with any federal governmental agency to develop a strategy to 2 19 make available, on an ongoing basis for research, personally 2 20 identifiable student data that results from services provided 2 21 by the entity to the state. 2 22 8. The department shall notify the governor and the general 2 23 assembly annually of changes in measures to collect student 2 24 data or to maintain student data collections by the department 2 25 which are required for any reason, including changes in federal 2 26 reporting requirements. The department shall not implement 2 27 such change unless specifically authorized by a constitutional 2 28 majority of each house of the general assembly and approved by 2 29 the governor or unless otherwise specifically authorized by 2 30 statute. 2 31 9. Except as provided in subsection 5, the department shall 2 32 not publish, or share with state agencies inside or outside the 2 33 state, student data except in aggregate form. 2 34 10. This section shall not be construed to do any of the 2 35 following: 3 1 a. Supersede any provision of section 22.7, section 256.9, 3 2 subsection 44, or chapter 256H. 3 3 b. Undermine or eliminate the right of a student's parent 3 4 or guardian to review, correct, amend, add to, or delete the 3 5 student's information on the department's database, or the 3 6 student's future right as an adult to review, correct, amend, 3 7 add to, or delete the student's information on the department's 3 8 database. 3 9 EXPLANATION 3 10 The inclusion of this explanation does not constitute agreement with 3 11 the explanation's substance by the members of the general assembly. 3 12 This bill relates to student data collection by the 3 13 department of education, school districts, and accredited 3 14 nonpublic schools. The bill requires the department to create 3 15 student data=related policies and plans, and prohibits the 3 16 department from making changes in the measures used to collect 3 17 or maintain student data unless specifically authorized by the 3 18 general assembly and approved by the governor or by statute. 3 19 The bill requires the department to establish policies 3 20 for student data collection, and to annually conduct an 3 21 inventory of and categorize the data collected on students 3 22 and the purposes for which the data is collected, and report 3 23 its findings and recommendations to the general assembly by 3 24 November 1, 2017, and by November 1 each succeeding year. 3 25 The department must also create a detailed student 3 26 data security plan, a data breach plan, data retention or 3 27 destruction plans, and guidelines for authorizing student and 3 28 parental access to student data. 3 29 The bill prohibits the department, school districts, and 3 30 accredited nonpublic schools from including in student data 3 31 files certain information regarding biometrics, psychometrics, 3 32 and health; certain information concerning the student's or the 3 33 student's family; and further prohibits the department from 3 34 publishing student data, and from sharing student data with 3 35 state agencies inside or outside the state, except in aggregate 4 1 form. 4 2 Student data must be kept confidential unless otherwise 4 3 ordered by a court, by the lawful custodian of the records, or 4 4 by another person duly authorized to release such information. 4 5 The bill allows student data to be provided outside of the 4 6 state if necessary to facilitate the timely enrollment and 4 7 placement of a student who is transferring to an out=of=state 4 8 school. Similar provisions are currently provided for in 4 9 Code chapters 22 and 256H, and Code sections 279.9A, 280.19A, 4 10 280.25, 280.29, and 299A.11. 4 11 The department must establish and maintain a policy relating 4 12 to the sharing, security, and confidentiality of student data 4 13 in compliance with the federal Family Educational Rights 4 14 and Privacy Act, 20 U.S.C. {1232g. The state board and the 4 15 department are prohibited from entering into an agreement with 4 16 any entity that has an agreement with any federal governmental 4 17 agency or with a third party that has an agreement with any 4 18 federal governmental agency, to share personally identifiable 4 19 student data, or that is working with any federal governmental 4 20 agency to develop a strategy to make available, on an ongoing 4 21 basis for research, personally identifiable student data that 4 22 results from services provided by the entity to the state. 4 23 The department shall notify the governor and the general 4 24 assembly annually of changes to existing student data 4 25 collections maintained by the department. Unless specifically 4 26 authorized by the general assembly and approved by the governor 4 27 or by statute, changes that are not necessitated by changes 4 28 in state and federal reporting requirements shall not be 4 29 implemented. 4 30 The new provisions relating to student data shall not be 4 31 construed to undermine or eliminate the right of a student's 4 32 parent or guardian to review, correct, amend, add to, or delete 4 33 the student's information on the department's database, or the 4 34 student's future right as an adult to review, correct, amend, 4 35 add to, or delete the student's information on the department's 5 1 database; or construed to supersede any existing open records 5 2 law provisions, provisions relating to the department's 5 3 comprehensive management information system which are in 5 4 compliance with state and federal reporting requirements, or 5 5 provisions enacting the interstate compact on educational 5 6 opportunity for military children. LSB 1114YH (7) 87 kh/rj
