HLS 14RS-478 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 384
BY REPRESENTATIVE CROMER
STUDENTS: Provides for limitations and prohibitions on the collection and sharing of
student information and the administration of assessments, surveys, and other
instruments that solicit certain student information
AN ACT1
To enact R.S. 17:24.4(K) and 3913, relative to student information; to limit the type of2
information to be collected on students; to prohibit the administration of3
assessments, surveys, and other instruments that solicit certain student information;4
to prohibit the collection of certain information; to prohibit the transmittal or sharing5
of student information without parental consent; to provide exceptions and6
conditions; to provide definitions; to provide criminal penalties; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 17:24.4(K) and 3913 are hereby enacted to read as follows: 10
§24.4. Louisiana Competency-Based Education Program; statewide standards for11
required subjects; Louisiana Educational Assessment Program; parish or city12
school board comprehensive pupil progression plans; waivers13
* * *14
K.(1) The state Department of Education or the State Board of Elementary15
and Secondary Education shall not adopt, implement, or require the administration16
of any state assessment that in any way includes the collection of any student17
psychological data, including but not limited to noncognitive skills or attributes,18 HLS 14RS-478 ORIGINAL
HB NO. 384
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psychological resources, mindsets, learning strategies, effortful control, attitudes,1
dispositions, social skills, or other interpersonal or intrapersonal resources.2
(2) A city, parish, or other local public school board or school, the state3
Department of Education, or the State Board of Elementary and Secondary4
Education shall not administer or require the administration of any assessment,5
student survey, analysis, evaluation, or similar instrument that solicits information6
about a student or the student's family concerning any of the following:7
(a) Political affiliations or beliefs.8
(b) Mental or psychological problems, psychological resources, mindsets,9
learning strategies, effortful control, attributes, dispositions, social skills, attitudes,10
or intrapersonal resources.11
(c) Sexual behavior or attitudes.12
(d) Illegal, antisocial, self-incriminating, or demeaning behavior.13
(e) Critical appraisals of another individual with whom a student has a close14
family relationship.15
(f) Legally recognized privileged or analogous relationships, such as those16
with a lawyer, physician, or clergyman.17
(g) Religious practices, affiliations, or beliefs.18
(h) Personal or family gun ownership.19
(i) Income or income-related information except as may be required by law20
to determine eligibility to participate in or receive financial assistance for a specified21
program.22
(3) A city, parish, or other local public school board or school, the state23
Department of Education, or the State Board of Elementary and Secondary24
Education shall not disclose, transmit, or share with any assessment consortium of25
which the state is a member or any entity or agency with which the state contracts26
for the development or administration of any assessment any student information27
collected as part of the assessment unless all of the following apply:28 HLS 14RS-478 ORIGINAL
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(a) The information is transmitted in an aggregrate format that does not1
identify an individual student.2
(b) The information is directly related to the assessment, such as a student's3
grade level and test score or scores.4
(c) No psychological data as described in Paragraph (1) of this Subsection5
is included as part of a student's test score or scores.6
(4) A member of a city, parish, or other local public school board or the State7
Board of Elementary and Secondary Education or any official or employee of a local8
public school board or school or the state Department of Education who violates any9
provision of this Subsection shall be punished as follows:10
(a) A first offense shall be punishable by a fine of not more than one11
thousand dollars.12
(b) A second offense shall be punishable by a fine of not more than five13
thousand dollars.14
(c) Any subsequent offense shall be punishable by a fine of not more than15
ten thousand dollars.16
* * *17
§3913. Student information; privacy; legislative intent; definitions; prohibitions;18
rules; penalties19
A. The legislature hereby declares that all personally identifiable information20
is protected as a right to privacy under the Constitution of Louisiana and the21
Constitution of the United States.22
B. For purposes of this Section, "personally identifiable information" is23
defined as two or more pieces of information that separately or when linked together24
can identify the person in a manner that is not known or readily available to the25
public. Personally identifiable information includes but is not limited to social26
security number, religious affiliation, student disability, and student hobbies or27
interests.28 HLS 14RS-478 ORIGINAL
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C.(1) Notwithstanding any provision of this Subpart or any other law to the1
contrary, student information collected by a city, parish, or other local public school2
board or school, the state Department of Education, or the State Board of Elementary3
and Secondary Education for any purpose shall be limited to basic information such4
as name and contact information, date of birth, the school the student is attending,5
and the student's grade level and shall not include any personally identifiable6
information.7
(2) The student information collected and any opinions, conclusions,8
recommendations, or compilations related to such information shall be confidential9
and shall not be transmitted or shared with any person, entity, or agency by a city,10
parish, or other local public school board or school, the state Department of11
Education, or the State Board of Elementary and Secondary Education without full12
disclosure to and written consent from the student's parent or legal guardian.13
(3) The State Board of Elementary and Secondary Education shall14
promulgate rules in accordance with the Administrative Procedure Act to provide a15
process for the full disclosure to parents and legal guardians that student information16
will be transmitted or shared by a local public school or board, the department, or the17
state board as provided in Paragraph (2) of this Subsection. Such process shall18
include but not be limited to the following requirements:19
(a) The clear identification of the student information collected and the20
purpose for collecting it.21
(b) The dissemination of information on the disclosure process and22
requirements to the parent or legal guardian through at least the following means:23
(i) Posting it on the official websites of the school, school board, department,24
and state board.25
(ii) Sending it home with the students from school.26
(iii) Holding informational meetings in all public school systems to explain27
the process and provide for public comments and questions related thereto.28 HLS 14RS-478 ORIGINAL
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(c) The parental consent form to be used, including deadlines for submitting1
the form and the expiration date for the form which shall not extend beyond one2
school year.3
(d) Ensuring that information on the process is easily accessible through the4
means specified in Subparagraph (b) of this Paragraph and continuously updated as5
necessary.6
D. A member of a city, parish, or other local public school board or the State7
Board of Elementary and Secondary Education or any official or employee of a local8
public school board or school or the state Department of Education who violates any9
provision of Paragraph (C)(1) or (2) of this Section shall be punished by10
imprisonment for not more than six months or by a fine of not more than ten11
thousand dollars.12
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)]
Cromer HB No. 384
Abstract: Prohibits the collection of personally identifiable information on students;
prohibits the transmittal or sharing of student information without parental consent;
prohibits the administration of assessments, surveys, and other instruments that
solicit certain student information; 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.
Provides that a violation of proposed law is punishable by imprisonment up to six months
or by a fine of up to $10,000.
Proposed law further prohibits the administration of any state assessment that includes the
collection of any student psychological data as specified in proposed law. Prohibits the HLS 14RS-478 ORIGINAL
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administration of any assessment, student survey, analysis, evaluation, or similar instrument
that solicits information about a student or the student's family on certain matters as
specified in proposed law. Prohibits local public school boards and schools, the state Dept.
of Education, and BESE from transmitting or sharing with any assessment consortium of
which the state is a member or any entity or agency with which the state contracts for the
development or administration of any assessment any student information collected as part
of the assessment unless certain conditions apply.
Provides monetary penalties for violations of proposed law (based on the number of
offenses) of up to $10,000.
(Adds R.S. 17:24.4(K) and 3913)