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Regular Session, 2014
SENATE BILL NO. 536
BY SENATOR LAFLEUR
SCHOOLS. Provides for K-12 student data privacy. (8/1/14)
AN ACT1
To enact Subpart A-4 of Part III of Chapter 1 of Title 17 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 17:188.1 through 188.3, relative to the3
transparency, accountability, and accessibility of student data; to provide for4
definitions; to require specific actions of the Board of Elementary and Secondary5
Education; to require the creation of certain data inventory; to prohibit the transfer6
of certain data; to provide exceptions; to require a data security plan; to require7
compliance with certain laws; to require that certain contracts include privacy and8
security provisions; to require notice in certain circumstances; to provide for annual9
reporting; to require the board to adopt certain rules; to provide for an effective date;10
and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Subpart A-4 of Part III of Chapter 1 of Title 17, comprised of R.S.13
17:188.1 through 188.3, is hereby enacted to read as follows:14
SUBPART A-4. STUDENT DATA ACCESSIBILITY,15
TRANSPARENCY, AND ACCOUNTABILITY ACT16
§188.1. Legislative findings17 SB NO. 536
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words in boldface type and underscored are additions.
A. The legislature finds that in a time when the personal data of1
individuals has become a valuable commodity, the information held by schools2
and school districts gives rise to serious concerns about the security of this3
information.4
B. It is important that the state Board of Elementary and Secondary5
Education, with the cooperation and assistance of local school boards, provide6
the public with an inventory and index of all data elements with definitions of7
individual student data fields.8
C. While transparency and accessibility are served by a public inventory9
of information held on students, it is key that the state Department of Education10
ensure department-wide compliance with all privacy laws and regulations.11
§188.2. Definitions12
As used in this Subpart, the following terms shall have the following13
meanings, unless the context clearly indicates otherwise:14
(1) "Board" means the state Board of Elementary and Secondary15
Education.16
(2) "Department" means the state Department of Education.17
(3) "Dataset" means a collection of data.18
(4) "Data system" means the state Department of Education statewide19
student data system.20
(5) "Aggregate data" means data collected or reported at the group,21
cohort, or institutional level.22
(6) "Redacted data" or "de-identified data" means a student dataset in23
which parent and student identifying information has been removed.24
(7) "Provisional student data" means new student data proposed for25
inclusion in the state student data system.26
(8) "State-assigned student identifier" or "student testing number"27
means the unique identifier assigned by the state to each student that shall not28
be nor include the Social Security number of a student, in whole or in part.29 SB NO. 536
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(9)(a) "Student data" means data collected or reported at the individual1
student level included in a student's educational record. Student data includes2
all of the following:3
(i) State and national assessment results, including information on4
untested public school students.5
(ii) Courses taken and completed, credits earned, and other transcript6
information.7
(iii) Course grades and grade point average.8
(iv) Date of birth, grade level and expected graduation date or9
graduation cohort.10
(v) Degree, diploma, credential attainment, and other school exit11
information.12
(vi) Attendance and mobility.13
(vii) Data required to calculate the federal four-year adjusted cohort14
graduation rate, including sufficient exit and drop-out information.15
(viii) Discipline reports limited to objective information sufficient to16
produce the federal Title IV Annual Incident Report.17
(ix) Remediation.18
(x) Special education data.19
(xi) Demographic data and program participation information.20
(b) Unless currently included a particular student's record, "student21
data" shall not include the following:22
(i) Juvenile court records.23
(ii) Criminal records.24
(iii) Medical and health records, unless student has had an IEP25
evaluation.26
(iv) Any student biometric information that is currently allowed to be27
compiled.28
§188.3. Responsibilities of the Board of Elementary and Secondary Education29 SB NO. 536
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The Board of Elementary and Secondary Education shall accomplish all1
of the following:2
A. Create, publish, and make publicly available a data inventory and3
dictionary or index of student data fields currently in the student system,4
including all of the following:5
(1) Any individual student data required to be reported by state and6
federal mandates.7
(2) Any individual student data which has been proposed for inclusion8
in the student data system with a statement regarding the purpose or reason for9
the proposed collection.10
(3) Any individual student data that the department collects or11
maintains without any current purpose or reason.12
B. Develop, publish, and make publicly available, policies and13
procedures to comply with the Federal Family Educational Rights and Privacy14
Act (FERPA) and other relevant privacy laws and policies including but not15
limited to the following:16
(1) Restrict access to identifiable student data in the student data system17
to the following persons:18
(a) The authorized staff of the department and the department's19
contractors who require such access to perform their assigned duties.20
(b) District administrators, teachers, and school personnel who require21
such access to perform their assigned duties.22
(c) Students and their parents or legal guardians.23
(d) The authorized staff of other state agencies, including the24
Department of Children and Family Services, required by law or interagency25
data sharing agreements.26
(2) The department shall not use any student identifiable data in public27
reports or in response to record requests or subpoenas.28
(3) The department shall develop criteria for the approval of research29 SB NO. 536
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and data requests from state and local agencies, the state legislature,1
researchers, and the public in accordance with the following:2
(a) Unless otherwise approved by the board, student data maintained by3
the department shall remain confidential.4
(b) Unless otherwise approved by the board to release student or de-5
identified data in specific instances, the department may only use aggregate6
data in the release of data in response to research and data requests.7
(4) Notification to students and parents regarding their rights under8
federal and state law.9
C. Unless otherwise approved by the board, the department shall not10
transfer identifiable student data to any federal, state or local agency or other11
organization or entity outside the state of Louisiana, with the following12
exceptions:13
(1) A student transfers out-of-state or a school or district seeks help with14
locating an out-of-state transfer.15
(2) A student leaves the state to attend an out-of-state institution of16
higher education or training program.17
(3) A student registers for or takes a national or multi-state assessment.18
(4) A student voluntarily participates in a program for which such data19
transfer is a condition or requirement of participation.20
(5) The department enters into a contract that governs databases,21
assessments, special education or instructional supports with an out-of-state22
vendor.23
(6) A student is classified as "migrant" for federal reporting purposes.24
D. Develop a detailed data security plan that includes all of the25
following:26
(1) Guidelines for authorizing access to the student data system and to27
individual student data including guidelines for authentication of authorized28
access.29 SB NO. 536
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(2) Privacy compliance standards.1
(3) Privacy and security audits.2
(4) Planning for, notification of and procedures to be employed in the3
case of a data breach.4
(5) Data retention and disposition policies.5
E. Ensure routine and ongoing compliance by the department with the6
federal Family Educational Rights and Privacy Act (FERPA), other relevant7
privacy laws and policies and the privacy and security policies and procedures8
developed under the authority of this Act, including the performance of9
compliance audits.10
F. Ensure that any contracts that govern databases, assessments, or11
instructional supports that include student or de-identified data and are12
outsourced to private vendors include express provisions that safeguard privacy13
and security and include penalties for noncompliance.14
G. Report annually to the governor and the legislature all of the15
following:16
(1) New student data proposed for inclusion in the state student data17
system, including the following:18
(a) Any new student data collection proposed by the board becomes a19
provisional requirement to allow districts and their local data system vendors20
the opportunity to meet the new requirement.21
(b) The board shall submit any new "provisional" student data22
collection within one year in order to make the new student data a permanent23
requirement. Any provisional student data collection not approved by the24
governor and the legislature by the end of the next regular legislative session is25
no longer to be required.26
(2) Changes to existing data collections required for any reason,27
including changes to federal reporting requirements made by the United States28
Department of Education.29 SB NO. 536
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E. The department shall adopt rules in accordance with the1
Administrative Procedure Act to implement the provisions of this Subpart.2
F. Upon the effective date of this Subpart, any existing collection of3
student data by the department shall not be considered a new data collection.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Mary Dozier O'Brien.
DIGEST
LaFleur (SB 536)
Proposed law enacts the Student Data Accessibility, Transparency, and Accountability Act.
Proposed law provides for legislative findings relating to the availability of student data
while maintaining some privacy for the individual student.
Proposed law seeks to provide transparency and accessibility while ensuring compliance
with all privacy laws and regulations.
Proposed law provides definitions relative to the collecting and retention of student data.
The following terms are defined:
(1)Board (BESE).
(2)Department.
(3)Dataset.
(4)Data System.
(5)Aggregate data.
(6)Redacted data or de-identified data.
(7)Provisional student data.
(8)State-assigned student identifier or student testing number.
(9)Student data.
Proposed law provides for responsibilities of the board including the following:
(1)Create, publish and make publicly available a data inventory and index of student
data fields.
(2)Develop and publish policies that comply with the Federal Family Educational
Rights and Privacy Act (FERPA).
(3)Allow for transfer of identifiable student data in certain situations.
(4)Develop a detailed data security plan.
(5)Ensure compliance by the department with FERPA. SB NO. 536
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(6)Ensure that any and all contracts abide by the privacy concerns referenced in
proposed law.
(7)Report annually to the governor and the legislature regarding student data and its
availability, while addressing privacy concerns.
(8)Adopt rules in accordance with the APA to comply with the Act.
Effective August 1, 2014.
(Adds R.S. 17:188.1-188.3)