Relating to student data collection by the department of education, school districts, and accredited nonpublic schools

The bill prohibits, except as otherwise provided, the department, school districts, and accredited nonpublic schools from including in student data files certain information regarding biometric and psychometric data and certain information concerning the student’s or the student’s family. Student data must be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information. Student data may be provided outside of the state if necessary to facilitate the timely enrollment and placement of a student who is transferring to an out-of-state school. §1232g. The state board and the department are prohibited from entering into an agreement with any entity that has an agreement with any federal governmental agency or with a third party that has an agreement with any federal governmental agency, to share personally identifiable student data, or that is working with any federal governmental agency to develop a strategy to make available, on an ongoing basis for research, personally identifiable student data that results from services provided by the entity to the state. The department is also prohibited from publishing or sharing with any governmental agency outside of the state student data except in aggregate form. The department shall notify the governor and the general assembly annually of changes to existing student data collections maintained by the department. Unless specifically authorized by the general assembly and approved by the governor or by statute, changes that are not necessitated by changes in state and federal reporting requirements shall not be implemented. The new provisions relating to student data shall not be construed to undermine or eliminate the right of a student’s parent or guardian, or the student’s future right as an adult, to review, correct, amend, add to, or delete the student’s information on the department’s database; or construed to supersede any existing open records law provisions, provisions relating to the department’s comprehensive management information system which are in compliance with state and federal reporting requirements, or provisions enacting the interstate compact on educational opportunity for military children.