HB 85: "An Act relating to college and career readiness assessments for secondary students; and relating to restrictions on the collection, storage, and handling of student data."
00 HOUSE BILL NO. 85 01 "An Act relating to college and career readiness assessments for secondary students; 02 and relating to restrictions on the collection, storage, and handling of student data." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.075(a) is amended to read: 05 (a) A secondary student may choose not to take [SCHOOL MAY NOT 06 ISSUE A SECONDARY SCHOOL DIPLOMA TO A STUDENT UNLESS THE 07 STUDENT TAKES] a college and career readiness assessment. A school shall award 08 a diploma to a student who chooses not to take a college and career readiness 09 assessment if the student has met all other graduation requirements of the 10 governing body and the state [OR RECEIVES A WAIVER FROM THE 11 GOVERNING BODY]. 12 * Sec. 2. AS 14.03.078(a) is amended to read: 13 (a) The department shall provide to the legislature by February 15 of each year 14 by electronic means an annual report regarding the progress of each school and school
01 district toward high academic performance by all students. The report required under 02 this section must include 03 (1) information described under AS 14.03.120(d); 04 (2) progress of the department 05 (A) toward implementing the school accountability provisions 06 of AS 14.03.123; and 07 (B) in assisting high schools to become accredited; 08 (3) a description of the resources provided to each school and school 09 district for coordinated school improvement activities and staff training in each school 10 and school district; 11 (4) each school district's and each school's progress in aligning 12 curriculum with state education performance standards; 13 (5) a description of the efforts by the department to assist a public 14 school or district that receives a low performance designation under AS 14.03.123; 15 (6) a description of intervention efforts by each school district and 16 school for students who are not meeting state performance standards; [AND] 17 (7) the number and percentage of turnover in certificated personnel and 18 superintendents; 19 (8) a description of changes made to the collection and publication 20 of student data; and 21 (9) the results of privacy compliance and security audits conducted 22 in the previous year relating to student data. 23 * Sec. 3. AS 14.03.115 is amended to read: 24 Sec. 14.03.115. Access to school records [BY PARENT, FOSTER 25 PARENT, OR GUARDIAN]. Upon request of a parent, foster parent, or guardian of 26 a child under 18 years of age who is currently or was previously enrolled in a 27 municipal school district or a school district that is a regional educational attendance 28 area, the school district shall provide a written or electronic copy of the child's 29 record, including student data, based on the preference of the parent, foster 30 parent, or guardian. If the parent, foster parent, or guardian requests an 31 electronic copy, the department shall inform the parent, foster parent, or
01 guardian of the risks of sending an electronic copy. This section does not apply to 02 (1) a record of a child who is an emancipated minor; or 03 (2) record information that consists of the child's address if the school 04 district determines that the release of the child's address poses a threat to the health or 05 safety of the child. 06 * Sec. 4. AS 14.03.115 is amended by adding a new subsection to read: 07 (b) A school, a school district, or the department may not use student data that 08 contains personally identifiable information for a commercial purpose. In this 09 subsection, "commercial purpose" includes the marketing of products or services, the 10 compilation of lists for sale or rent, the development of products or services, and the 11 creation of individual, household, or group profiles. 12 * Sec. 5. AS 14.03 is amended by adding a new section to read: 13 Sec. 14.03.117. School district data security. Each school district in the state 14 shall 15 (1) adopt, implement, and monitor compliance with a data security 16 plan that includes student data security; 17 (2) implement and monitor compliance with policies and procedures 18 adopted by the board under AS 14.07.165; and 19 (3) publish, and annually update on the district's Internet website, the 20 district's data security plan and explanation of the data fields collected by the district, 21 including the following information: 22 (A) a description of each student data field; 23 (B) the reason for the collection of each student data field; 24 (C) the entities that have access to each student data field; 25 (D) a list of nongovernmental entities that have access to one or 26 more student data fields linked to personally identifiable information; 27 (E) a description of the safeguards in place for each entity 28 listed under (D) of this paragraph that prevent unauthorized access to 29 personally identifiable information of students. 30 * Sec. 6. AS 14.03 is amended by adding a new section to article 1 to read: 31 Sec. 14.03.200. Definition. In AS 14.03.015 - 14.03.200, "student data" means
01 (1) electronic information pertaining to an individual student or group 02 of students collected or reported by a school while the student or group of students 03 was enrolled in a school in the state or that was accessed or produced by a student or 04 group of students while enrolled in a school in the state; 05 (2) electronic information pertaining to a student or group of students 06 that has been or is intended to be transmitted to or stored by a third-party contractor 07 that provides cloud computing services or other similar services to the school; and 08 (3) electronic mail communications and access information, document 09 production, and similar electronic information accessed or produced by a student on a 10 school server. 11 * Sec. 7. AS 14.07.165 is amended to read: 12 Sec. 14.07.165. Duties. (a) 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 college and career readiness 21 assessment provisions of AS 14.03.075 and [,] providing for the needs of a student 22 who is a child with a disability [, AND SETTING STANDARDS FOR A WAIVER 23 UNDER AS 14.03.075]; the regulations may address the conditions, criteria, 24 procedure, and scheduling of the assessment; 25 (6) policies and procedures consistent with relevant state and 26 federal privacy laws that 27 (A) limit access to individual and redacted student data to 28 (i) persons who require access to perform duties 29 assigned by the department, a school district, or the administrator 30 of a public school; 31 (ii) the student who is the subject of the data and the
01 student's parent, foster parent, or guardian; 02 (iii) authorized agencies as provided in state or 03 federal law or by an interagency agreement; 04 (B) restrict student data transfer except as necessary to 05 (i) fulfill student requests; 06 (ii) carry out a school transfer or student location 07 request; or 08 (iii) compare multistate assessment data; 09 (C) prohibit collecting and reporting student data 10 pertaining to 11 (i) juvenile delinquency records; 12 (ii) criminal records; 13 (iii) medical and health records without the written 14 consent of the student's parent, foster parent, or guardian or of a 15 student who is 18 years of age or older or is emancipated under 16 AS 09.55.590; 17 (iv) biometric information; 18 (v) political or religious affiliation; 19 (vi) items in a student's home; 20 (D) provide for a detailed data security plan for collecting, 21 maintaining, and sharing student data that addresses 22 (i) privacy; 23 (ii) authentication; 24 (iii) breaches in security; 25 (iv) training; 26 (v) encryption; and 27 (vi) other data retention and disposition practices; 28 (E) prohibit the sharing of student data, including 29 electronic mail addresses and other electronically stored information, for 30 a commercial purpose, including marketing or advertising purposes; 31 (F) provide for other security measures.
01 (b) In this section, 02 (1) "child with a disability" has the meaning given in AS 14.30.350; 03 (2) "student data" has the meaning given in AS 14.03.200. 04 * Sec. 8. AS 14.03.075(b) and 14.03.075(c) are repealed.