Bill Text: MI HB5140 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Education; school districts; access to high school pupil directory for representatives of proprietary schools, community colleges, and skilled trades employers; provide for. Amends sec. 1136 of 1976 PA 451 (MCL 380.1136) & adds sec. 1139a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-01-10 - Referred To Committee On Economic Development And International Investment [HB5140 Detail]
Download: Michigan-2017-HB5140-Introduced.html
HOUSE BILL No. 5140
October 19, 2017, Introduced by Reps. Allor, Lucido, Victory, Kelly, Kahle, Frederick, Kosowski, Hughes, Alexander and Hauck and referred to the Committee on Workforce and Talent Development.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1136 (MCL 380.1136), as added by 2016 PA 367,
and by adding section 1139a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1136. (1) To protect pupil privacy, the superintendent of
public instruction shall ensure that the department complies with
all of the following and the state budget director shall ensure
that CEPI complies with all of the following:
(a) The department or CEPI shall not sell any information that
is part of a pupil's education records.
(b) Within 30 days after the effective date of this section,
the department and CEPI each shall post on its website a notice of
the information it collects for a pupil's education records. The
notice shall include at least an inventory of all pupil data
elements collected by the department or CEPI and a description of
each pupil data element.
(c) At least 30 days before initiating the collection of any
pupil data elements in addition to those already disclosed in the
inventory under subdivision (b), the department or CEPI shall post
on its website a notice of the additional pupil data elements it is
proposing to collect and an explanation of the reasons for the
proposal.
(d) The department or CEPI shall not disclose any information
concerning a pupil that is collected or created by the department
or CEPI except in accordance with a policy adopted and made
publicly available by the superintendent of public instruction or
state budget director, as applicable, that clearly states the
criteria for the disclosure of the information.
(e) The department or CEPI shall ensure that any contract it
has with a vendor that allows the vendor access to education
records contains express provisions requiring the vendor to protect
the privacy of education records and provides express penalties for
noncompliance.
(f) If the department or CEPI provides any personally
identifiable information concerning a pupil that is collected or
created by the department or CEPI as part of the pupil's education
records to any person other than the school district, intermediate
school district, public school academy, authorizing body,
preschool, or postsecondary institution in which the pupil is
currently or was formerly enrolled, or the pupil's parent or legal
guardian, then the department or CEPI shall, if the pupil is under
18 years of age or claimed as a dependent on a parent's or legal
guardian's federal income tax return, disclose to the pupil's
parent or legal guardian upon his or her written request all of the
following:
(i) The specific data fields that were disclosed.
(ii) The name and contact information of each person, agency,
or organization to which the information has been disclosed.
(iii) The reason for the disclosure.
(g) The department or CEPI shall disclose the information
under subdivision (f) within 30 days after receiving the written
request and without charge to the parent or legal guardian. If the
department or CEPI considers it necessary to make redacted copies
of all or part of a pupil's education records in order to protect
personally identifiable information of another pupil, the
department or CEPI shall not charge the parent or legal guardian
for the cost of making those copies.
(2) To protect pupil privacy, the board of a school district
or intermediate school district or board of directors of a public
school academy shall ensure that the school district, intermediate
school district, or public school academy complies with all of the
following, and the governing board of an authorizing body shall
ensure that the authorizing body complies with all of the
following:
(a) A school district, an intermediate school district, a
public school academy, an educational management organization, or
an authorizing body shall not sell or otherwise provide to a for-
profit business entity any personally identifiable information that
is part of a pupil's education records. This subdivision does not
apply to any of the following situations:
(i) For a pupil enrolled in a public school academy, if the
public school academy has a management agreement with an
educational management organization, the public school academy
providing the information to that educational management
organization.
(ii) Providing the information as necessary for standardized
testing that measures the pupil's academic progress and
achievement.
(iii) Providing the information as necessary to a person that
is providing educational or educational support services to the
pupil under a contract with the school district, intermediate
school district, public school academy, or educational management
organization.
(iv) Providing the information to a proprietary school,
community college, or skilled trade employer under section 1139a.
(b) Upon written request by a pupil's parent or legal
guardian, a school district, an intermediate school district, a
public school academy, or an authorizing body shall disclose to the
parent or legal guardian any personally identifiable information
concerning the pupil that is collected or created by the school
district, intermediate school district, public school academy, or
authorizing body as part of the pupil's education records.
(c) Subject to the exemptions under subsection (3), if a
school district, intermediate school district, public school
academy, or authorizing body provides any information described in
subdivision (b) to any person, agency, or organization, then the
school district, intermediate school district, public school
academy, or authorizing body shall disclose to the pupil's parent
or legal guardian upon his or her written request all of the
following:
(i) The specific information that was disclosed.
(ii) The name and contact information of each person, agency,
or organization to which the information has been disclosed.
(iii) The legitimate reason that the person, agency, or
organization had in obtaining the information.
(d) A school district, an intermediate school district, a
public school academy, or an authorizing body shall disclose the
information under subdivisions (b) and (c) within 30 days after
receiving the written request and without charge to the parent or
legal guardian. If the school district, intermediate school
district, public school academy, or authorizing body considers it
necessary to make redacted copies of all or part of a pupil's
education records in order to protect personally identifiable
information of another pupil, the school district, intermediate
school district, public school academy, or authorizing body shall
not charge the parent or legal guardian for the cost of those
copies.
(3) Subsection (2)(c) does not apply to any of the following
situations:
(a) A school district, intermediate school district, public
school academy, or authorizing body providing the information to
the department or CEPI.
(b) A school district, intermediate school district, public
school academy, or authorizing body providing the information to
the pupil's parent or legal guardian.
(c) A public school academy providing the information to its
authorizing body or to an educational management organization with
which it has a management agreement.
(d) A school district or public school academy providing the
information to its intermediate school district or to another
intermediate school district providing services to the school
district or public school academy or its pupils pursuant to a
written agreement.
(e) An intermediate school district providing the information
to a school district or public school academy in which the pupil is
enrolled or to a school district or public school academy for which
the intermediate school district is providing services pursuant to
a written agreement.
(f) An authorizing body providing the information to a public
school academy in which the pupil is enrolled.
(g) Providing the information to a person, agency, or
organization with written consent from the pupil's parent or legal
guardian or, if the pupil is at least age 18, the pupil.
(h) Providing the information to a person, agency, or
organization seeking or receiving records in accordance with an
order, subpoena, or ex parte order issued by a court of competent
jurisdiction.
(i) Providing the information as necessary for standardized
testing that measures the pupil's academic progress and
achievement.
(j) A school district, intermediate school district, public
school academy, or authorizing body providing information that is
covered by the opt-out form described in subsection (6), unless the
pupil's parent or legal guardian or, if the pupil is at least age
18 or is an emancipated minor, the pupil has signed and submitted
the opt-out form under subsection (6)(d).
(4) If an educational management organization receives
information that is part of a pupil's education records from any
source as permitted under this section, the educational management
organization shall not sell or otherwise provide the information to
any other person except as provided under this section.
(5) In addition to ensuring compliance with subsection (1),
the superintendent of public instruction shall ensure that the
department, and the state budget director shall ensure that CEPI,
complies with all other applicable privacy law.
(6) For the purposes of this section, each school district,
intermediate school district, public school academy, or authorizing
body shall do all of the following:
(a) Develop a list of uses for which the school district,
intermediate school district, public school academy, or authorizing
body commonly would disclose a pupil's directory information.
(b) Develop an opt-out form that lists all of the uses or
instances under subdivision (a) and allows a parent or legal
guardian to elect not to have his or her child's directory
information disclosed for 1 or more of these uses.
(c) Present the opt-out form under subdivision (b) to each
pupil's parent or legal guardian within the first 30 days of the
school year. A school district, intermediate school district,
public school academy, or authorizing body also shall make the form
available to a parent or legal guardian at other times upon
request.
(d) If an opt-out form under subdivision (b) is signed and
submitted to the school district, intermediate school district,
public school academy, or authorizing body by a pupil's parent or
legal guardian, the school district, intermediate school district,
public school academy, or authorizing body shall not include the
pupil's directory information in any of the uses that have been
opted out of in the opt-out form.
(7) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under subsection (6).
(8) As used in this section:
(a) "Authorizing body" means that term as defined in part 6a,
6c, or 6e or section 1311b, as applicable.
(b) "CEPI" means the center for educational performance and
information created under section 94a of the state school aid act
of 1979, MCL 388.1694a.
(c) "Directory information" means that term as defined in 34
CFR 99.3.
(d) "Education records" means that term as defined in 34 CFR
99.3.
(e) "Educational management organization" means that term as
defined in section 503c, 523c, or 553c, as applicable.
(f) "Management agreement" means that term as defined in
section 503c, 523c, or 553c, as applicable.
(g) "Personally identifiable information" means that term as
defined in 34 CFR 99.3.
Sec. 1139a. (1) Subject to subsection (2), at least annually,
the board of a school district or intermediate school district, or
board of directors of a public school academy, that operates any of
grades 9 to 12 shall provide access to pupil directory information
of its pupils enrolled in grades 9 to 12 to a representative of a
proprietary school, community college, or skilled trade employer.
(2) The board of a school district or intermediate school
district, or board of directors of a public school academy, shall
not provide pupil directory information of a pupil under subsection
(1) unless the parent or legal guardian of a pupil submits to the
school district, intermediate school district, or public school
academy signed, written permission that indicates that the parent
or legal guardian wants the pupil's directory information to be
provided to a representative of a proprietary school, community
college, or skilled trade employer. A parent or legal guardian who
grants permission under this subsection may revoke that permission
at any time by submitting a written notice to the school district,
intermediate school district, or public school academy. The board
of the school district or intermediate school district, or board of
directors of a public school academy, shall ensure that pupils and
parents and legal guardians are notified of the provisions of this
subsection.
(3) If a pupil is at least age 18 or is an emancipated minor,
the pupil may act on his or her own behalf under subsection (2).
(4) A school district, intermediate school district, or public
school academy that operates any of grades 9 to 12 shall provide
any public notice required under 20 USC 1232g in order to comply
with this section and federal law.
(5) The board of a school district or intermediate school
district, or board of directors of a public school academy, that
operates any of grades 9 to 12 may require a representative of a
proprietary school, community college, or skilled trade employer
described in subsection (1) to pay a fee, not to exceed the actual
costs incurred by the school district, intermediate school
district, or public school academy, for copying and mailing or
otherwise providing pupil directory information under this section.
(6) A representative of a proprietary school, community
college, or skilled trade employer who receives pupil directory
information under this section shall use that information only to
provide information to pupils concerning educational and career
opportunities available at the proprietary school, community
college, or skilled trade employer's business. A representative of
a proprietary school, community college, or skilled trade employer
who receives pupil directory information under this section shall
not release that information to a person who is not involved in
recruiting students or employees for the proprietary school,
community college, or skilled trade employer.
(7) The board of a school district or intermediate school
district, or board of directors of a public school academy, that
provides access to pupil directory information under subsection (1)
may obtain the pupil directory information from the Michigan data
hub network under section 22m of the state school aid act of 1979,
MCL 388.1622m.
(8) As used in this section:
(a) "Proprietary school" means a proprietary school licensed
under the proprietary schools act, 1943 PA 148, MCL 395.101 to
395.103.
(b) "Pupil directory information" means a pupil's name and
address and, if it is a listed or published telephone number, the
pupil's telephone number.
