HLS 14RS-695 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 946
BY REPRESENTATIVE SCHRODER
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; to provide for parental access to certain4
student information; to provide for student identification numbers; to provide5
definitions; to provide criminal penalties; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 17:3913 is hereby enacted to read as follows: 8
ยง3913. Student information; privacy; legislative intent; definitions; prohibitions;9
parental access; penalties10
A. The legislature hereby declares that all personally identifiable information11
is protected as a right to privacy under the Constitution of Louisiana and the12
Constitution of the United States.13
B.(1) For purposes of this Section, "personally identifiable information" is14
defined as information about an individual including but not limited to the following:15
(a) Any information that can be used to distinguish or trace an individual's16
identity such as name, social security number, date place of birth, mother's maiden17
name, or biometric records.18
(b) Any other information that is linked or linkable to an individual such as19
medical, educational, financial, and employment information.20 HLS 14RS-695 ORIGINAL
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(c) Two or more pieces of information that separately or when linked1
together can be used to reasonably ascertain the identity of the person.2
(2) For purposes of this Section, "aggregate data" are statistics that relate to3
broad classes, groups, or categories from which it is not possible to distinguish the4
properties of individuals.5
C. (1) Notwithstanding any provision of this Subpart or any other law to the6
contrary, student information collected by a city, parish, or other local public school7
for any purpose shall be limited to information required for providing educational8
services to students that is contained in a student's cumulative record such as contact9
information, exceptionalities, homework completion records, grades, grade level,10
conference records, and the student's Individualized Education Program. The11
cumulative record shall not include any additional personally identifiable12
information such as social security number, religious affiliation, student hobbies or13
interests, biometric information, digital identity, or Internet Protocol address. A14
student's cumulative record shall be considered the personal property of the student15
or his parent or legal guardian and shall not be shared by the city, parish, or other16
local public school with any public or private entity. A parent or legal guardian shall17
have full access to his child's cumulative record and shall be granted copies of all18
information contained in the record within three days of a written request from the19
parent or legal guardian.20
(2) The only student information a city, parish, or other local public school21
may provide to a local school board, the state Department of Education, or the State22
Board of Elementary and Secondary Education shall be aggregate information and23
aggregate data and only for the purpose of satisfying reporting requirements of the24
United States Department of Education.25
(3) By not later than August 1, 2014, student identification numbers shall be26
distinctive numerical identifiers assigned to every student enrolled in a Louisiana27
public elementary or secondary school. Such identifiers shall not include or be based28 HLS 14RS-695 ORIGINAL
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on social security numbers and shall be used for students as they transition through1
or transfer between Louisiana public elementary and secondary schools.2
D.(1) Except for a student's parent or legal guardian, teacher of record,3
school principal, school registrar, or local school system employee as defined in4
Paragraph (2) of this Subsection, no person or public or private entity shall be5
granted access to a public school computer system where any student information is6
stored unless authorized in writing by the student's parent or legal guardian.7
(2) "Local school system employee" means an employee designated by the8
principal or local superintendent to have access only to student information9
necessary to perform his duties through the public school computer system and shall10
not include any person or public or private entity providing services to a school or11
school system through a third party contract.12
E. A person who violates any provision of this Section shall be punished by13
imprisonment for not more than six months or by a fine of not more than ten14
thousand dollars. 15
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)]
Schroder HB No. 946
Abstract: Prohibits the collection of personally identifiable information on students;
prohibits the transmittal or sharing of student information; and provides penalties for
violations.
Proposed law, relative to student information collected, prohibits local public schools from
collecting, transmitting, or sharing such information with any person, entity, or agency.
Provides that student information collected by a local public school be limited to information
required for providing educational services to students that is contained in a student's
cumulative record and prohibits the collection of additional personally identifiable
information. Defines "personally identifiable information" for purposes of proposed law.
Provides for parental access to a student's cumulative record. Prohibits a person (with
certain exceptions) and public or private entities from being granted access to a public school
computer system where any student information is stored except if authorized by the
student's parent or legal guardian.
Requires that student identification numbers shall be distinctive numerical identifiers
assigned to every public school student and shall not include or be based on social security
numbers. HLS 14RS-695 ORIGINAL
HB NO. 946
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Provides that a violation of proposed law is punishable by imprisonment of up to six months
or by a fine of up to $10,000.
(Adds R.S. 17:3913)