SB 3: "An Act relating to the collection, storage, and handling of student data."
00 SENATE BILL NO. 3 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(a) is amended to read: 04 (a) The department shall provide to the legislature by February 15 of each year 05 by electronic means an annual report regarding the progress of each school and school 06 district toward high academic performance by all students. The report required under 07 this subsection [SECTION] must include 08 (1) information described under AS 14.03.120(d); 09 (2) progress of the department 10 (A) toward implementing the school accountability provisions 11 of AS 14.03.123; and 12 (B) in assisting high schools to become accredited; 13 (3) a description of the resources provided to each school and school 14 district for coordinated school improvement activities and staff training in each school 15 and school district;
01 (4) each school district's and each school's progress in aligning 02 curriculum with state education performance standards; 03 (5) a description of the efforts by the department to assist a public 04 school or district that receives a low performance designation under AS 14.03.123; 05 (6) a description of intervention efforts by each school district and 06 school for students who are not meeting state performance standards; [AND] 07 (7) the number and percentage of turnover in certificated personnel and 08 superintendents; 09 (8) a description of changes made to the collection and publication 10 of student data and the reason for the changes; and 11 (9) the results of privacy compliance and security audits conducted 12 in the previous year relating to student data. 13 * Sec. 2. AS 14.03.115 is amended to read: 14 Sec. 14.03.115. Access to school records [BY PARENT, FOSTER 15 PARENT, OR GUARDIAN]. Upon request of a parent, foster parent, or legal 16 guardian of a child under 18 years of age who is currently or was previously enrolled 17 in a municipal school district or a school district that is a regional educational 18 attendance area, the school district shall provide a written or electronic copy of the 19 child's record, including student data, based on the preference of the parent, foster 20 parent, or guardian. This section does not apply to 21 (1) a record of a child who is an emancipated minor; or 22 (2) record information that consists of the child's address if the school 23 district determines that the release of the child's address poses a threat to the health or 24 safety of the child. 25 * Sec. 3. AS 14.03.115 is amended by adding new subsections to read: 26 (b) A school, a district, or the department may not share student data collected, 27 reported, or stored by a school, a district, or the department with another agency or 28 entity that is not exempt under federal law unless the information is directory 29 information or the school, district, or department obtains written consent from the 30 student or the student's parent, foster parent, or legal guardian. Consent must be dated 31 when signed and state the limited purpose for which the consent is provided and the
01 data that may be shared. 02 (c) The chief administrator of a school shall annually notify the parents, foster 03 parents, and legal guardians of each student enrolled in the school of the student's 04 rights to control access to student data under federal and state law, including the right 05 to prevent disclosure of directory information. 06 (d) In this section, "directory information" means a student's name, address, 07 telephone number, electronic mail address, dates of attendance, and student honors 08 and awards. 09 * Sec. 4. AS 14.03 is amended by adding a new section to read: 10 Sec. 14.03.117. Data security. Each school, each district, and the department 11 shall, for student data collected, reported, or stored by the school, district, or 12 department, 13 (1) adopt, implement, and monitor compliance with a data security 14 plan that includes student data security; 15 (2) implement and monitor compliance with policies and procedures 16 adopted by the board under AS 14.07.165(a); and 17 (3) publish and annually update on the school's, district's, or 18 department's Internet website, the data security plan, data inventory, and explanation 19 of the data inventory adopted under this section. 20 * Sec. 5. AS 14.03 is amended by adding a new section to article 1 to read: 21 Sec. 14.03.200. Definition. In AS 14.03.015 - 14.03.200, "student data" 22 includes individual student information that contains 23 (1) state or national assessment results, including a waiver or 24 alternative assessment; 25 (2) courses and information about each course, including completion, 26 credits earned, and other transcript information; 27 (3) course grades and grade point average; 28 (4) date of birth, grade level, and expected date of graduation; 29 (5) school exit information, including a degree, diploma, or credential 30 attained or drop out or transfer information; 31 (6) attendance;
01 (7) discipline reports; 02 (8) remediation services; 03 (9) information on a disability and special education services; 04 (10) demographic data; 05 (11) program participation information; 06 (12) information created by or about the student in whatever format, 07 including documents, images, videos, and other files. 08 * Sec. 6. AS 14.07.030 is amended to read: 09 Sec. 14.07.030. Powers of the department. The department may 10 (1) establish, maintain, govern, operate, discontinue, and combine area, 11 regional, and special schools; 12 (2) enter into contractual agreements with the Bureau of Indian Affairs 13 or with a school district to share boarding costs of secondary school students; 14 (3) provide for citizenship night schools when and where expedient; 15 (4) provide for the sale or other disposition of abandoned or obsolete 16 buildings and other state-owned school property; 17 (5) prescribe a classification for items of expense of school districts; 18 (6) acquire and transfer personal property, acquire real property, and 19 transfer real property to federal agencies, state agencies, or to political subdivisions; 20 (7) enter into contractual agreements with school districts to provide 21 more efficient or economical education services; reasonable fees may be charged by 22 the department to cover the costs of providing services under an agreement, including 23 costs for professional services, reproduction or printing, and mailing and distribution 24 of educational materials; 25 (8) provide for the issuance of elementary and secondary diplomas to 26 persons not in school who have completed the equivalent of an 8th or 12th grade 27 education, respectively, in accordance with standards established by the department; 28 (9) apply for, accept, and spend endowments, grants, and other private 29 money available to the state for educational purposes in accordance with AS 37.07 30 (Executive Budget Act); 31 (10) set student tuition and fees for educational and extracurricular
01 programs and services provided and schools operated by the department under the 02 provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 03 (11) charge fees to cover the costs of care and handling with respect to 04 the acquisition, warehousing, distribution, or transfer of donated foods; 05 (12) establish and collect fees for the rental of school facilities and for 06 other programs and services provided by the schools; 07 (13) develop a model curriculum and provide technical assistance for 08 early childhood education programs; 09 (14) notwithstanding any other provision of this title, intervene in a 10 school district to improve instructional practices under standards established by the 11 department in regulation, including directing the 12 (A) employees identified by the department to exercise 13 supervisory authority for instructional practices in the district or in a specified 14 school; 15 (B) use of appropriations under this title for distribution to a 16 district; 17 (15) notwithstanding any other provision of this title, redirect public 18 school funding under AS 14.17 appropriated for distribution to a school district, after 19 providing notice to the district and an opportunity for the district to respond, when 20 (A) necessary to contract for services to improve instructional 21 practices in the district; or 22 (B) the district has failed to take an action required by the 23 department to improve instructional practices in the district; if funding is 24 redirected under this subparagraph, the department shall provide the redirected 25 funding to the district when the department has determined that the required 26 action is satisfactorily completed; 27 (16) appoint a chief privacy officer with experience in developing 28 and implementing data privacy and security policies to 29 (A) assist the state Board of Education and Early 30 Development in developing and implementing policies and procedures 31 relating to student data privacy under AS 14.07.165(a); and
01 (B) develop and provide a program of training and 02 technical assistance to schools and school districts to assist in the 03 implementation of policies and procedures relating to student data 04 privacy. 05 * Sec. 7. AS 14.07.165 is amended to read: 06 Sec. 14.07.165. Duties. (a) The board shall adopt 07 (1) statewide goals and require each governing body to adopt written 08 goals that are consistent with local needs; 09 (2) regulations regarding the application for and award of grants under 10 AS 14.03.125; 11 (3) regulations implementing provisions of AS 14.11.014(b); 12 (4) regulations requiring approval by the board before a charter school, 13 state boarding school, or a public school may provide domiciliary services; 14 (5) regulations implementing the college and career readiness 15 assessment provisions of AS 14.03.075, providing for the needs of a student who is a 16 child with a disability, and setting standards for a waiver under AS 14.03.075; the 17 regulations may address the conditions, criteria, procedure, and scheduling of the 18 assessment; 19 (6) a data inventory that contains individual student data fields for 20 all educational records collected and reported by the department and by school 21 districts and public schools in the state; the board shall annually update and 22 publish on the department's Internet website the data inventory; 23 (7) an explanation of the data inventory adopted under (6) of this 24 subsection; the board shall annually update and publish on the department's 25 Internet website the explanation; the explanation must include, at a minimum, 26 the following information: 27 (A) a description of each student data field; 28 (B) the reason for the collection of each student data field; 29 (C) the entities that have access to each student data field; 30 (D) the location of the server in which the student data field 31 is being stored;
01 (E) a list of nongovernmental entities that have access to 02 one or more student data fields linked to personally identifiable 03 information; 04 (F) a description of the safeguards in place for each entity 05 listed under (E) of this paragraph that prevent unauthorized access to 06 personally identifiable information of students; 07 (8) policies and procedures consistent with relevant state and 08 federal privacy laws that 09 (A) limit access to individual and redacted student data to 10 (i) authorized persons who require access to perform 11 duties assigned by the department, a school district, or the 12 administrator of a public school, including contractors that provide 13 instructional assessment and database support to the department, a 14 school district, or school; 15 (ii) the student who is the subject of the data and the 16 student's parent, foster parent, or guardian; 17 (iii) authorized agencies as provided in state or 18 federal law or by an interagency agreement; 19 (B) restrict student data transfer except as necessary to 20 (i) comply with federal and state law, including 21 reporting of migrant students; 22 (ii) fulfill student requests; 23 (iii) carry out a school transfer or student location 24 request; or 25 (iv) compare national or multistate assessment data; 26 (C) prohibit reporting and sharing of student data 27 pertaining to personally identifiable information except as otherwise 28 provided in state or federal law; 29 (D) provide for a detailed data security plan for collecting, 30 maintaining, and sharing student data that addresses 31 (i) privacy and security compliance standards;
01 (ii) authentication; 02 (iii) privacy and security audits; 03 (iv) breach planning, notification, and procedures; 04 (v) encryption; and 05 (vi) other data retention and disposition practices; 06 (E) prohibit the collection, reporting, and sharing of 07 student data pertaining to 08 (i) juvenile delinquency records; 09 (ii) criminal records; 10 (iii) medical and health records without the written 11 consent of the student's parent or guardian or of a student who is 12 18 years of age or older or is emancipated under AS 09.55.590; 13 (iv) biometric information; and 14 (v) political or religious affiliation; 15 (F) provide for appropriate sanctions for noncompliance 16 with the policies and procedures adopted under this paragraph. 17 (b) In this section, 18 (1) "child with a disability" has the meaning given in AS 14.30.350; 19 (2) "student data" has the meaning given in AS 14.03.200. 20 * Sec. 8. AS 14.40.170(a) is amended to read: 21 (a) The Board of Regents shall 22 (1) appoint the president of the university by a majority vote of the 23 whole board, and the president may attend meetings of the board; 24 (2) fix the compensation of the president of the university, all heads of 25 departments, professors, teachers, instructors, and other officers; 26 (3) confer appropriate degrees as it may determine and prescribe; 27 (4) have the care, control, and management of 28 (A) all the real and personal property of the university; and 29 (B) land 30 (i) conveyed to the Board of Regents by the 31 commissioner of natural resources in the settlement of the claim of the
01 University of Alaska to land granted to the state in accordance with the 02 Act of March 4, 1915 (38 Stat. 1214), as amended, and in accordance 03 with the Act of January 21, 1929 (45 Stat. 1091), as amended; and 04 (ii) conveyed to the Board of Regents in trust for the 05 University of Alaska by the commissioner of natural resources under 06 AS 14.40.365; 07 (5) keep a correct and easily understood record of the minutes of every 08 meeting and all acts done by it in pursuance of its duties; 09 (6) under procedures to be established by the commissioner of 10 administration, and in accordance with existing procedures for other state agencies, 11 have the care, control, and management of all money of the university and keep a 12 complete record of all money received and disbursed; 13 (7) adopt reasonable rules for the prudent trust management and the 14 long-term financial benefit to the university of the land of the university; 15 (8) provide public notice of sales, leases, exchanges, and transfers of 16 the land of the university or of interests in land of the university; 17 (9) administer, manage, market, and promote a postsecondary 18 education savings program, including the Alaska Higher Education Savings Trust 19 under AS 14.40.802 and the Alaska advance college tuition savings fund under 20 AS 14.40.803 - 14.40.817; 21 (10) designate buildings owned by the university as covered buildings 22 for purposes of paying the costs of use, management, operation, maintenance, and 23 depreciation from the fund established under AS 37.05.555; 24 (11) adopt policies and procedures relating to student data privacy 25 that are consistent with the policies and procedures adopted by the state Board of 26 Education and Early Development under AS 14.07.165(a). 27 * Sec. 9. AS 14.40.600 is amended by adding a new subsection to read: 28 (b) A community college established by the university shall adopt policies and 29 procedures relating to student data privacy that are consistent with the policies and 30 procedures adopted by the state Board of Education and Early Development under 31 AS 14.07.165(a).
01 * Sec. 10. AS 14.42.030(b) is amended to read: 02 (b) The commission shall 03 (1) administer the financial aid and interstate education compact 04 programs under AS 14.43.091 - 14.43.920 and 14.43.990, and AS 14.44; 05 (2) administer the provisions of AS 14.48 concerning regulation of 06 postsecondary educational institutions; 07 (3) resolve disputes under a consortium or other cooperative agreement 08 between institutions of public and private higher education in the state; and 09 (4) serve as the state agency required under 20 U.S.C. 1001 - 1155; 10 (5) adopt policies and procedures relating to student data privacy 11 that are consistent with the policies and procedures adopted by the state Board of 12 Education and Early Development under AS 14.07.165(a). 13 * Sec. 11. AS 14.45.110 is amended by adding a new subsection to read: 14 (c) A religious or other private school that elects to comply with AS 14.45.100 15 - 14.45.130 shall adopt policies and procedures relating to student data privacy that 16 are consistent with the policies and procedures adopted by the state Board of 17 Education and Early Development under AS 14.07.165(a). 18 * Sec. 12. AS 14.48.060(b) is amended to read: 19 (b) A postsecondary educational institution must be maintained and operated, 20 or, in the case of a new institution, must demonstrate that it can be maintained and 21 operated, so that 22 (1) the quality and content of each course or program of instruction, 23 training, or study are such as may reasonably and adequately achieve the stated 24 objective for which the course or program is offered; 25 (2) the institution has or has access to adequate space, equipment, 26 instructional materials, and personnel where applicable to achieve the stated objective 27 of the course or program of study and to provide education of good quality; 28 (3) the education or experience qualifications of directors, 29 administrators, supervisors, and instructors are such as may reasonably ensure that the 30 students will receive education consistent with the objectives of the course or program 31 of study;
01 (4) the institution provides a catalog or brochure containing 02 information describing the programs offered, program objectives, length of program, 03 schedule of tuition, fees, and all other charges and expenses necessary for completion 04 of the course of study, cancellation and refund policies, and other material facts 05 concerning the institution and the program or course of instruction that are reasonably 06 likely to affect the decision of the student to enroll, together with any other disclosures 07 specified by the commission by regulation; and that this information is provided to 08 prospective students before enrollment; 09 (5) upon satisfactory completion of training, the student is given 10 appropriate educational credentials by the institution, indicating that the course of 11 instruction or study has been satisfactorily completed by the student; 12 (6) adequate records are maintained by the institution to show 13 attendance, progress, or grades, and that satisfactory standards are enforced relating to 14 attendance, progress, and performance; 15 (7) the institution is maintained and operated in compliance with all 16 pertinent ordinances and laws relating to the safety and health of persons on the 17 premises of the institution; 18 (8) the institution is financially sound and capable of fulfilling its 19 commitments to students; 20 (9) neither the institution nor its agents engage in advertising, sales, 21 collection, credit, or other practices that [WHICH] are false, deceptive, misleading, or 22 unfair; 23 (10) the chief executive officer, trustees, directors, owners, 24 administrators, supervisors, staff, and instructors of the institution are of good 25 reputation and character and have not been convicted of a violation of AS 14.48.020 26 or 14.48.150 or AS 45.50.471 - 45.50.561 or a comparable law in another state or 27 province; 28 (11) the student housing owned, maintained, or approved by the 29 institution is appropriate, safe, and adequate; 30 (12) the institution has a fair and equitable cancellation and refund 31 policy;
01 (13) the charges set by the institution for tuition, fees, books, and 02 supplies are fair and equitable; and 03 (14) the institution accepts military education, training, or service 04 credit or hours toward a degree or technical program offered by the institution if 05 (A) the institution otherwise accepts transfer credits or hours; 06 and 07 (B) the credit or hours transfer process meets the requirements 08 of the accrediting body of the institution or the commission; 09 (15) the institution protects student data privacy through policies 10 and procedures consistent with the policies and procedures adopted by the state 11 Board of Education and Early Development under AS 14.07.165(a). 12 * Sec. 13. AS 23.15.580(b) is amended to read: 13 (b) The board shall 14 (1) facilitate the development of statewide policy for a coordinated and 15 effective employment training and education system in this state; 16 (2) identify the human resource investment needs in the state and 17 develop a plan to meet those needs; 18 (3) review the provision of services and the use of money and 19 resources by the human resource programs listed in AS 23.15.575; 20 (4) assume the duties and functions of the state boards described under 21 the laws relating to the federal human resource programs listed in AS 23.15.575; 22 (5) advise the governor, state and local agencies, the University of 23 Alaska, and other training entities on the development of state and local standards and 24 measures relating to applicable human resource programs; 25 (6) submit, to the governor and the legislature, a biennial strategic plan 26 to accomplish the goals developed to meet human resource investment needs; 27 (7) monitor for the implementation and evaluate the effectiveness of 28 the strategic plan developed by the board; 29 (8) adopt regulations that set standards for the percentage of program 30 expenses that may be used for administrative costs; the regulations must clearly 31 identify and distinguish between program expenses that may be included in
01 administrative costs and those that may not be included in administrative costs; the 02 percentage allowed for administrative costs may not exceed the lesser of 20 percent of 03 program expenses in the prior fiscal year or the amount permitted under the 04 requirements of a federal program, if applicable; 05 (9) report annually to the legislature, by the 30th day of the regular 06 legislative session, on the performance and evaluation of training programs in the state 07 subject to review under (f) of this section; 08 (10) identify ways for agencies operating programs subject to 09 oversight by the board to share resources, instructors, and curricula through 10 collaboration with other public and private entities to increase training opportunities 11 and reduce costs; 12 (11) adopt regulations under AS 44.62 (Administrative Procedure Act) 13 to carry out the purposes of AS 23.15.550 - 23.15.585; and 14 (12) perform duties assigned in AS 23.15.620 - 23.15.660 for the state 15 training and employment program; 16 (13) adopt policies and procedures relating to student data privacy 17 that are consistent with the policies and procedures adopted by the state Board of 18 Education and Early Development under AS 14.07.165(a). 19 * Sec. 14. AS 23.15.652(a) is amended to read: 20 (a) The department and a person who is awarded a grant to provide training 21 and employment assistance services under the program shall comply with state and 22 federal laws and maintain records, including accounting records, as required by those 23 laws, and shall adopt policies and procedures relating to student data privacy 24 that are consistent with the policies and procedures adopted by the state Board of 25 Education and Early Development under AS 14.07.165(a). 26 * Sec. 15. AS 23.15.820(a) is amended to read: 27 (a) The Alaska Workforce Investment Board shall 28 (1) administer the Alaska technical and vocational education program 29 established in AS 23.15.820 - 23.15.850; 30 (2) facilitate the development of a statewide policy for a coordinated 31 and effective technical and vocational education training system in this state and, to
01 the extent authorized by federal and state law, plan and coordinate federal, state, and 02 local efforts in technical and vocational education programs; 03 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 04 to carry out the purposes of AS 23.15.820 - 23.15.850, including regulations that set 05 standards for the percentage of a grant that may be used for administrative costs; the 06 regulations must clearly identify and distinguish between expenses that may be 07 included in administrative costs and those that may not be included in administrative 08 costs; the percentage allowed for administrative costs may not exceed the lesser of five 09 percent or the amount permitted under the requirements of a federal program, if 10 applicable; 11 (4) administer the grant program under AS 23.15.840 and establish 12 grant administration requirements including accounting procedures that apply to 13 qualified entities and their grantees; 14 (5) facilitate the development and implementation of a statewide 15 policy and procedure that provides for the acceptance of credit or hours toward a 16 degree or technical program offered by a vocational or technical training center in the 17 state for an applicant who provides satisfactory evidence of successful completion of 18 relevant military education, training, or service as a member of the armed forces of the 19 United States, the United States Reserves, the National Guard of any state, the 20 Military Reserves of any state, or the Naval Militia of any state; 21 (6) adopt policies and procedures relating to student data privacy 22 that are consistent with the policies and procedures adopted by the state Board of 23 Education and Early Development under AS 14.07.165(a). 24 * Sec. 16. AS 44.35.020(a) is amended to read: 25 (a) The Department of Military and Veterans' Affairs shall 26 (1) conduct the military affairs of the state as prescribed by the 27 Military Code; 28 (2) cooperate with the federal government in matters of mutual 29 concern pertaining to the welfare of [ALASKAN] veterans, including establishing, 30 extending, or strengthening services for veterans in the state; 31 (3) annually, not later than February 1, make available a report to the
01 legislature, through the governor, outlining the department's activities during the 02 previous calendar year; the department shall notify the legislature that the report is 03 available; and 04 (4) cooperate with the Department of Public Safety to develop and 05 implement missing vulnerable adult prompt response and notification plans under 06 AS 44.41.060; 07 (5) for the operation of the Alaska Military Youth Academy under 08 (c) of this section, adopt policies and procedures relating to student data privacy 09 that are consistent with the policies and procedures adopted by the state Board of 10 Education and Early Development under AS 14.07.165(a). 11 * Sec. 17. AS 47.14.050 is amended by adding a new subsection to read: 12 (c) Standards and regulations adopted under this section must be consistent 13 with and include the policies and procedures adopted by the state Board of Education 14 and Early Development under AS 14.07.165(a). 15 * Sec. 18. AS 47.14.400(a) is amended to read: 16 (a) The department shall administer a program to encourage investment by a 17 person or entity in the higher education of eligible children in the state. The program 18 must include 19 (1) a central office, dedicated to faith-based and community services, 20 for development and marketing of the program; 21 (2) a mechanism for the department to establish and maintain a 22 University of Alaska college savings plan under AS 14.40.802 - 14.40.817 for an 23 eligible child who is a beneficiary of the program; 24 (3) a process for identifying donors and eligible beneficiaries; 25 (4) a process for distributing nonidentifying information about an 26 eligible beneficiary to a potential donor, including the age, sex, and general location of 27 the beneficiary, unless the information readily leads to the identification of the eligible 28 beneficiary; 29 (5) terms and conditions for participation in the program that are 30 consistent with the University of Alaska college savings plan restrictions and with 31 federal law pertaining to higher education savings accounts; and
01 (6) a procedure for monitoring success of the program, for record 02 keeping, and for maintaining confidentiality of records as required by federal and state 03 law, including the policies and procedures adopted by the state Board of 04 Education and Early Development under AS 14.07.165(a). 05 * Sec. 19. AS 47.21.020(b) is amended to read: 06 (b) Criteria for adventure-based education programs shall be established by 07 the Department of Health and Social Services and must include provisions for 08 (1) staff members with background experience in Outward Bound, 09 NOLS, Alaska Wilderness Experience, Inc., or other similar wilderness skills 10 programs or indigenous cultural experience; 11 (2) minimum program standards; 12 (3) student data privacy that are consistent with the policies and 13 procedures adopted by the state Board of Education and Early Development 14 under AS 14.07.165(a).