HLS 14RS-201 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 378
BY REPRESENTATIVE GEYMANN
STUDENTS: Provides for limitations and prohibitions on the collection and sharing of
student information and provides penalties for violations
AN ACT1
To enact R.S. 17:3913, relative to student information; to limit the type of information to be2
collected on students; to prohibit the collection of certain information; to prohibit the3
transmittal or sharing of student information without parental consent; to provide4
exceptions; to require the State Board of Elementary and Secondary Education to5
promulgate rules to provide a process for obtaining consent from parents for the6
sharing of student information; to provide definitions; to provide criminal penalties;7
and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:3913 is hereby enacted to read as follows: 10
ยง3913. Student information; privacy; legislative intent; definitions; prohibitions;11
rules; penalties12
A. The legislature hereby declares that all personally identifiable information13
is protected as a right to privacy under the Constitution of Louisiana and the14
Constitution of the United States.15
B. For purposes of this Section, "personally identifiable information" is16
defined as two or more pieces of information that separately or when linked together17
can identify the person in a manner that is not known or readily available to the18 HLS 14RS-201 ORIGINAL
HB NO. 378
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public. Personally identifiable information includes but is not limited to social1
security number, religious affiliation, student disability, and student hobbies or2
interests.3
C.(1) Notwithstanding any provision of this Subpart or any other law to the4
contrary, student information collected by a city, parish, or other local public school5
board or school, the state Department of Education, or the State Board of Elementary6
and Secondary Education for any purpose shall be limited to basic information such7
as name and contact information, date of birth, the school the student is attending,8
and the student's grade level and shall not include any personally identifiable9
information.10
(2) The student information collected and any opinions, conclusions,11
recommendations, or compilations related to such information shall be confidential12
and shall not be transmitted or shared with any person, entity, or agency by a city,13
parish, or other local public school board or school, the state Department of14
Education, or the State Board of Elementary and Secondary Education without full15
disclosure to and written consent from the student's parent or legal guardian.16
(3) The State Board of Elementary and Secondary Education shall17
promulgate rules in accordance with the Administrative Procedure Act to provide a18
process for the full disclosure to parents and legal guardians that student information19
will be transmitted or shared by a local public school or board, the department, or the20
state board, as provided in Paragraph (2) of this Subsection. Such process shall21
include but not be limited to the following requirements:22
(a) The clear identification of the student information collected and the23
purpose for collecting it.24
(b) The dissemination of information on the disclosure process and25
requirements to the parent or legal guardian through at least the following means:26
(i) Posting it on the official websites of the school, school board, department,27
and state board.28
(ii) Sending it home with the students from school.29 HLS 14RS-201 ORIGINAL
HB NO. 378
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(iii) Holding informational meetings in all public school systems to explain1
the process and provide for public comments and questions related thereto.2
(c) The parental consent form to be used including deadlines for submitting3
the form and the expiration date for the form which shall not extend beyond one4
school year.5
(d) Ensuring that information on the process is easily accessible through the6
means specified in Subparagraph (b) of this Paragraph and continuously updated as7
necessary.8
D. A member of a city, parish, or other local public school board or the State9
Board of Elementary and Secondary Education or any official or employee of a local10
public school board or school or the state Department of Education who violates any11
provision of Paragraph (C)(1) or (2) of this Section shall be punished by12
imprisonment for not more than six months or by a fine of not more than ten13
thousand dollars.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Geymann HB No. 378
Abstract: Prohibits the collection of personally identifiable information on students;
prohibits the transmittal or sharing of student information without parental consent;
and provides penalties for violations.
Proposed law, relative to student information collected, prohibits local public school boards
and schools, the state Dept. of Education, and the State Board of Elementary and Secondary
Education (BESE) from transmitting or sharing such information with any person, entity,
or agency without full disclosure and written consent from the student's parent or legal
guardian. Requires BESE to promulgate rules to provide a process for such full disclosure
and requires certain minimum components to be included in such rules.
Provides that student information collected by a local public school board or school, the state
Dept. of Education, or BESE be limited to basic information and prohibits the collection of
personally identifiable information. Defines "personally identifiable information" as two
or more pieces of information that separately or when linked together can identify the person
in a manner that is not known or readily available to the public, including but not limited to
social security number, religious affiliation, student disability, and student hobbies or
interests. HLS 14RS-201 ORIGINAL
HB NO. 378
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are additions.
Provides that a violation of proposed law is punishable by imprisonment up to six months
or by a fine of up to $10,000.
(Adds R.S. 17:3913)