SB 210: "An Act relating to the collection, storage, and handling of student data."
00 SENATE BILL NO. 210 01 "An Act relating to the collection, storage, and handling of student data." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.03.078 is amended to read: 04 Sec. 14.03.078. Report. The department shall provide to the legislature by 05 February 15 of each year an annual report regarding the progress of each school and 06 school district toward high academic performance by all students. The report required 07 under this section must include 08 (1) information described under AS 14.03.120(d); 09 (2) the number and percentage of students in each school who pass the 10 examination required under AS 14.03.075, and the number who pass each section of 11 the examination; 12 (3) progress of the department 13 (A) toward implementing the school accountability provisions 14 of AS 14.03.123; and 15 (B) in assisting high schools to become accredited;
01 (4) a description of the resources provided to each school and school 02 district for coordinated school improvement activities and staff training in each school 03 and school district; 04 (5) each school district's and each school's progress in aligning 05 curriculum with state education performance standards; 06 (6) a description of the efforts by the department to assist a public 07 school that receives a designation of deficient or in crisis; 08 (7) a description of intervention efforts by each school district and 09 school for students who are not meeting state performance standards; 10 (8) the number and percentage of turnover in certificated personnel and 11 superintendents; 12 (9) the number of teachers by district and by school who are teaching 13 outside the teacher's area of endorsement but in areas tested by the high school 14 competency examination; 15 (10) a description of changes made to the collection and 16 publication of student data and the reason for the changes; 17 (11) the results of privacy compliance and security audits 18 conducted in the previous year relating to student data. 19 * Sec. 2. AS 14.03.115 is amended to read: 20 Sec. 14.03.115. Access to school records [BY PARENT, FOSTER 21 PARENT, OR GUARDIAN]. Upon request of a parent, foster parent, or guardian of 22 a child under 18 years of age who is currently or was previously enrolled in a 23 municipal school district or a school district that is a regional educational attendance 24 area, the school district shall provide a written or electronic copy of the child's 25 record, including student data, based on the preference of the parent, foster 26 parent, or guardian. This section does not apply to 27 (1) a record of a child who is an emancipated minor; or 28 (2) record information that consists of the child's address if the school 29 district determines that the release of the child's address poses a threat to the health or 30 safety of the child. 31 * Sec. 3. AS 14.03.115 is amended by adding new subsections to read:
01 (b) A school, district, or the department may not share student data that 02 contains personally identifiable information with another agency or entity that is not 03 exempt under federal law unless the information is directory information or the school, 04 district, or the department obtains written consent from the student or the student's 05 parent or legal guardian. Consent must be dated when signed and state the limited 06 purpose for which the consent is provided and the records that may be shared. 07 (c) The chief administrator of a school shall annually notify the parents and 08 guardians of each student enrolled in the school of the student's rights to control access 09 to student data under federal and state law, including the right to prevent disclosure of 10 directory information. 11 (d) In this section "directory information" means a student's name, address, 12 telephone number, electronic mail address, dates of attendance, and student honors 13 and awards. 14 * Sec. 4. AS 14.03 is amended by adding a new section to read: 15 Sec. 14.03.117. School district data security. Each school district in the state 16 shall 17 (1) adopt, implement, and monitor compliance with a data security 18 plan that includes student data security; 19 (2) implement and monitor compliance with policies and procedures 20 adopted by the board under AS 14.07.165; and 21 (3) publish and annually update on the district's Internet website, the 22 district's data security plan, data inventory, and explanation of the data inventory. 23 * Sec. 5. AS 14.03 is amended by adding a new section to article 1 to read: 24 Sec. 14.03.200. Definition. In AS 14.03.015 - 14.03.200, "student data" means 25 information collected or reported by a school that contains individual student 26 information and that is included in a student record including 27 (1) state or national assessment results, including a waiver or 28 alternative assessment; 29 (2) courses taken by the student and information about each course 30 including completion, credits earned, and other transcript information; 31 (3) course grades and grade point average;
01 (4) date of birth, grade level, and expected date of graduation; 02 (5) school exit information, including a degree, diploma, or credential 03 attained or drop out or transfer information; 04 (6) attendance; 05 (7) data required to calculate federal four year graduation rate; 06 (8) discipline reports; 07 (9) remediation services; 08 (10) information on a disability and special education services; 09 (11) demographic data; 10 (12) program participation information. 11 * Sec. 6. AS 14.07.165 is amended to read: 12 Sec. 14.07.165. Duties. The board shall adopt 13 (1) statewide goals and require each governing body to adopt written 14 goals that are consistent with local needs; 15 (2) regulations regarding the application for and award of grants under 16 AS 14.03.125; 17 (3) regulations implementing provisions of AS 14.11.014(b); 18 (4) regulations requiring approval by the board before a charter school, 19 state boarding school, or a public school may provide domiciliary services; 20 (5) regulations implementing the secondary school student competency 21 examination provisions of AS 14.03.075, including the criteria and procedure under 22 which a governing body uses a waiver to grant a diploma to a student; criteria 23 regarding granting a waiver must include provisions that a waiver may only be granted 24 for students who enter the system late or have rare or unusual circumstances meriting 25 a waiver; 26 (6) a data inventory that contains individual student data fields for 27 all educational records collected and reported by the department and by school 28 districts and public schools in the state; the board shall annually update and 29 publish on the department's Internet website the data inventory; 30 (7) an explanation of the data inventory adopted under (6) of this 31 subsection; the board shall annually update and publish on the department's
01 Internet website the explanation; the explanation must include, at a minimum, 02 the following information: 03 (A) a description of each student data field; 04 (B) the reason for the collection of each student data field; 05 (C) the entities that have access to each student data field; 06 (D) the location of the server in which the student data field 07 is being stored; 08 (E) a list of nongovernmental entities that have access to 09 one or more student data fields linked to personally identifiable 10 information; 11 (F) a description of the safeguards in place for each entity 12 listed under (E) of this paragraph that prevent unauthorized access to 13 personally identifiable information of students; 14 (8) policies and procedures consistent with relevant state and 15 federal privacy laws that 16 (A) limit access to individual and redacted student data to 17 (i) authorized persons who require access to perform 18 duties assigned by the department, a school district, or the 19 administrator of a public school, including contractors that provide 20 instructional assessment and database support to the department, a 21 school district, or school; 22 (ii) the student who is the subject of the data and the 23 student's parent, foster parent, or guardian; 24 (iii) authorized agencies as provided in state or 25 federal law or by an interagency agreement; 26 (B) restrict student data transfer except as necessary to 27 (i) comply with federal and state law, including 28 reporting of migrant students; 29 (ii) fulfill student requests; 30 (iii) carry out a school transfer or student location 31 request; or
01 (iv) compare national or multistate assessment data; 02 (C) prohibit reporting and sharing of student data 03 pertaining to personally identifiable information except as otherwise 04 provided in state or federal law; 05 (D) provide for a detailed data security plan for collecting, 06 maintaining, and sharing student data that addresses 07 (i) privacy and security compliance standards; 08 (ii) authentication; 09 (iii) privacy and security audits; 10 (iv) breach planning, notification, and procedures; 11 (v) encryption; and 12 (vi) other data retention and disposition practices; 13 (E) prohibit collecting and reporting student data 14 pertaining to 15 (i) juvenile delinquency records; 16 (ii) criminal records; 17 (iii) medical and health records; 18 (iv) biometric information; and 19 (v) political or religious affiliation; 20 (F) provide for appropriate sanctions for noncompliance 21 with the policies and procedures adopted under (8)(A) through (E) of this 22 section. 23 * Sec. 7. AS 14.07.165 is amended by adding a new subsection to read: 24 (b) In this section, "student data" has the meaning given in AS 14.03.200.