HB  85-STUDENT DATA & ASSESSMENTS                                                                            
                                                                                                                                
9:11:52 AM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE  BILL  NO. 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."                                                                                                                          
                                                                                                                                
9:12:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LORA   REINBOLD,   Alaska   State   Legislature,                                                               
introduced HB 85, paraphrasing from  the sponsor statement, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Article I  Section 22 of the  Alaska State Constitution                                                                    
     states that,  "The right  of the  people to  privacy is                                                                    
     recognized  and   shall  not  be  infringed."   As  the                                                                    
     educational system  merges into  the Digital Age  it is                                                                    
     our legislative duty to  diligently continue to protect                                                                    
     the  privacy,  security,  and  confidentiality  of  our                                                                    
     citizens,  including  their  student  data.  Throughout                                                                    
     Alaska,  and our  country as  a whole,  there has  been                                                                    
     growing   public  concern   about  the   collection  of                                                                    
     personal data. House Bill  85 addresses these concerns,                                                                    
     strengthens   student   digital    privacy   laws   and                                                                    
     eliminates unnecessary costs.                                                                                              
     House   Bill   85    will   enhance   data   collection                                                                    
     transparency to parents and  guardians by requiring the                                                                    
     State Board of Education  to make publicly available an                                                                    
     inventory  and   index  of   all  data   elements  with                                                                    
     definitions   of   individual   student   data   fields                                                                    
     currently  in the  statewide longitudinal  data system.                                                                    
     This  legislation will  also require  the establishment                                                                    
     of a comprehensive state-wide data security plan.                                                                          
     In addition  to enhancing security, House  Bill 85 will                                                                    
     prohibit   the  sharing   of  personally   identifiable                                                                    
     information for commercial purposes.                                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD added that  the Family Educational Rights                                                               
and   Privacy  Act   (FERPA)   defines  personally   identifiable                                                               
information (PII)  as any information that  directly identifies a                                                               
student, a parent, or a  family member.  Indirect identifiers are                                                               
data  such  as mother's  maiden  name.   Further,  FERPA  defines                                                               
education  records as  anything directly  related to  a student's                                                               
education and  maintained by an agency  or a party acting  for an                                                               
agency.                                                                                                                         
                                                                                                                                
9:16:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  moved to  adopt the  committee substitute                                                               
(CS)  for HB  85  labeled 29-LS0301\P,  Glover,  3/26/15, as  the                                                               
working document.                                                                                                               
                                                                                                                                
[There being no objection, Version P was before the committee.]                                                                 
                                                                                                                                
9:16:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   noted  that  the  proposed   bill  was                                                               
previously heard in the 28th  Alaska State Legislature.  She then                                                               
read from  a prepared sectional  summary of  HB 85, Version  P as                                                               
follows:                                                                                                                        
                                                                                                                                
     Section 1  amends AS 14.03.075(a) to  allow students to                                                                    
     opt out of college and career readiness assessment.                                                                        
                                                                                                                                
     Section 2  adds a new section  requiring the Department                                                                    
     of  Education  and  Early Development  to  provide  the                                                                    
     legislature an annual "Data Security Report."                                                                              
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
The committee took a brief at ease.                                                                                             
                                                                                                                                
9:19:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD continued as follows:                                                                                   
                                                                                                                                
     Section  3 amends  AS 14.03.115  to allow  a parent  or                                                                    
     guardian  to request  a written  or electronic  copy of                                                                    
     their child's record.                                                                                                      
                                                                                                                                
     Section 4 adds new subsections.                                                                                            
          (b) Prohibits the use of personally identifiable                                                                      
     data for a commercial purpose.                                                                                             
          (c) Requires parental consent prior to sharing                                                                        
     personally identifiable student  data with a consortium                                                                    
     or interstate educational organization.                                                                                    
          (d) Defines "consortium."                                                                                             
                                                                                                                                
     Section  5 adds  a  new section  requiring each  school                                                                    
     district to  adopt a data  security plan and  to inform                                                                    
     parents of the student data that is collected.                                                                             
                                                                                                                                
     Section 6 adds a new section defining "student data."                                                                      
                                                                                                                                
     Section  7   amends  AS  14.07.020(a)  to   direct  the                                                                    
     department to  set in place a  policy allowing students                                                                    
     to opt out of any statewide assessment.                                                                                    
                                                                                                                                
     Section  8  amends AS  14.07.165  to  direct the  State                                                                    
     Board  of  Education  &   Early  Development  to  adopt                                                                    
     policies and procedures to protect student data.                                                                           
                                                                                                                                
     Section  9 repeals  AS 14.03.075(b),  14.03.075(c), and                                                                    
     14.03.078(a).                                                                                                              
                                                                                                                                
9:21:33 AM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced HB 85 was held over.