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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 455
BY SENATOR GARY SMITH
STUDENTS. Provides for limitations and prohibitions on the collection and sharing of
student information. (8/1/14)
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; and to provide for related7
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;11
prohibitions; rules12
A. The legislature hereby declares that all personally identifiable13
information is protected as a right to privacy under the Constitution of14
Louisiana and the Constitution of the United States.15
B. For purposes of this Section, "personally identifiable information"16
is defined as two or more pieces of information that separately or when linked17 SB NO. 455
SLS 14RS-721 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
together can identify the person in a manner that is not known or readily1
available to the public. Personally identifiable information includes but is not2
limited to social security number, religious affiliation, student disability, and3
student hobbies or interests.4
C.(1) Notwithstanding any provision of this Subpart or any other law to5
the contrary, student information collected by a city, parish, or other local6
public school board or school, the state Department of Education, or the State7
Board of Elementary and Secondary Education for any purpose shall be limited8
to basic information such as name and contact information, date of birth, the9
school the student is attending, and the student's grade level and shall not10
include any personally identifiable information.11
(2) The student information collected and any opinions, conclusions,12
recommendations, or compilations related to such information shall be13
confidential and shall not be transmitted or shared with any person, entity, or14
agency by a city, parish, or other local public school board or school, the state15
Department of Education, or the State Board of Elementary and Secondary16
Education without full disclosure to and written consent from the student's17
parent or legal guardian.18
(3) The State Board of Elementary and Secondary Education shall19
promulgate rules in accordance with the Administrative Procedure Act to20
provide a process for the full disclosure to parents and legal guardians that21
student information will be transmitted or shared by a local public school or22
board, the department, or the state board, as provided in Paragraph (2) of this23
Subsection. Such process shall include but not be limited to the following24
requirements:25
(a) The clear identification of the student information collected and the26
purpose for collecting it.27
(b) The dissemination of information on the disclosure process and28
requirements to the parent or legal guardian through at least the following29 SB NO. 455
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
means:1
(i) Posting it on the official websites of the school, school board,2
department, and state board.3
(ii) Sending it home with the students from school.4
(iii) Holding informational meetings in all public school systems to5
explain the process and provide for public comments and questions related6
thereto.7
(c) The parental consent form to be used including deadlines for8
submitting the form and the expiration date for the form which shall not extend9
beyond one school year.10
(d) Ensuring that information on the process is easily accessible through11
the means specified in Subparagraph (b) of this Paragraph and continuously12
updated as necessary.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Gary Smith (SB 455)
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.
Effective August 1, 2014.
(Adds R.S. 17:3913)