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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. 685 (Substitute of Senate Bill No. 536 by Senator LaFleur)
BY SENATOR LAFLEUR
STUDENTS. Prohibits the sale, transfer, sharing or processing of student data for
commercial advertising, or marketing, or any other commercial purpose. (8/1/14)
AN ACT1
To enact R.S. 17:184, relative to student data; to prohibit the use of student data for2
commercial purposes; to provide for exceptions; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 17:184 is hereby enacted to read as follows: 5
ยง184. Student data; legislative findings; definitions; prohibitions6
A. The legislature finds that in a time when the personal data of7
individuals has become a valuable commodity, the information held by schools8
and school districts gives rise to serious concerns regarding the security of this9
information.10
B.(1) As used in this Section, "student data" means data collected or11
reported at the individual student level included in a student's educational12
record. Student data includes all of the following:13
(a) State and national assessment results, including information on14
untested public school students.15
(b) Courses taken and completed, credits earned, and other transcript16
information.17 SB NO. 685
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) Course grades and grade point average.1
(d) Date of birth, grade level, and expected graduation date or2
graduation cohort.3
(e) Degree, diploma, credential attainment, and other school exit4
information.5
(f) Attendance and mobility.6
(g) Data required to calculate the federal four-year adjusted cohort7
graduation rate, including sufficient exit and drop-out information.8
(h) Remediation.9
(i) Special education data.10
(j) Demographic data and program participation information.11
(2) Unless currently included in a particular student's record, "student12
data" shall not include the following:13
(a) Juvenile court records.14
(b) Criminal records.15
(c) Medical and health records, unless the student has an Individualized16
Education Plan and the medical or health records are included in the student's17
educational record.18
(d) Student biometric information.19
(e) Student Social Security number.20
C.(1) No school, school system, local or state governmental agency,21
public or private entity, or any person with access to student data shall sell,22
transfer, share, or process any student data for use in commercial advertising,23
or marketing, or for any other commercial purpose.24
(2) The provisions of Paragraph (1) of this Subsection shall not apply to25
a student's parents or legal custodians, or students having the capacity to26
consent.27 SB NO. 685
SLS 14RS-4314 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Thomas L. Tyler.
DIGEST
LaFleur (SB 685)
Proposed law provides that no school, school system, local or state governmental agency,
public or private entity, or any person with access to student data shall sell, transfer, share,
or process any student data for use in commercial advertising, or marketing, or for any other
commercial purpose. Provides that proposed law does not apply to a student's parents or
legal custodians, or students having the capacity to consent.
Proposed law defines "Student data" as data collected or reported at the individual student
level and included in a student's educational record. Provides that student data includes state
and national assessment results; course taking and completion, credits earned, and other
transcript information; course grades and grade point average; date of birth, grade level, and
expected graduation date or graduation cohort; degree, diploma, credential attainment, and
other school exit information; attendance and mobility; data required to calculate the federal
four-year adjusted cohort graduation rate; remediation; special education data; and
demographic data and program participation information. Provides that student data does
not include, unless included in a student's educational record, juvenile court records;
criminal records; certain medical and health records; student biometric information, or
student Social Security number.
Effective August 1, 2014.
(Adds R.S. 17:184)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical amendments.