ENSURING PRIVACY OF STUDENT RECORDS.

View NCGA Bill Details2013-2014 Session
Senate Bill 815 (Public) Filed Tuesday, May 20, 2014
AN ACT TO ENSURE THE PRIVACY AND SECURITY OF STUDENT EDUCATIONAL RECORDS.
Intro. by Barefoot, Brock, Soucek.

Status: Ch. SL 2014-50 (Senate Action) (Jul 1 2014)

SOG comments (1):

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO ENSURE THE PRIVACY AND SECURITY OF STUDENT EDUCATIONAL RECORDS, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON INFORMATION TECHNOLOGY.

S 815/S.L. 2014-50

Bill Summaries:

  • Summary date: Jul 2 2014 - More information

    AN ACT TO ENSURE THE PRIVACY AND SECURITY OF STUDENT EDUCATIONAL RECORDS. Enacted July 1, 2014. Effective July 1, 2014.

     

  • Summary date: Jun 11 2014 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Provides that the termpersonally identifiable student datadoes not include directory information when the local board of education has given notice of the directory to parents and an opportunity to opt out of disclosure of that information as provided under the Family Educational Rights and Privacy Act (FERPA) unless a parent has elected to opt out of disclosure of the directory information.

    Provides that the rules the State Board of Education (SBE) must develop to ensure the security of the student data system must minimally include certain restrictions. Amends this section to clarify that the rules mustaddress access to personally identifiable student data by any individual upon the authorization of the student's parent or guardian.

    Makes some formatting changes.


  • Summary date: Jun 4 2014 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends new GS 115C-402.5 to clarify that the rules developed to comply with all relevant state and federal privacy laws and policies that apply to personally identifiable student data included in the student data system must at minimum include restrictions on access to personally identified student data to all authorized North Carolina public school administrators, teachers, other school personnel, and contractors working for the board of a North Carolina public school; and students, their parents or legal guardians.

    Directs the State Board of Education (SBE) to prohibit the transfer of personally identifiable student data to individuals other than those identified in subdivision (2) of this subsection except as otherwise permitted by law and authorized by the rules adopted under this section. Directs that the rules must include authorization and procedures for releasing personally identifiable data when students enroll in an out-of-state school or a local school administrative unit seeks assistance with locating a student formerly enrolled in state and who is now enrolled out of state. Removes requirement that contracts must provide special safeguards for aggregate data. Clarifies that restrictions on student data collection apply to both students and their families. Adds "voting history" as data that may not be collected.

    Amends new GS 115C-402.15 to remove the requirement that local boards of education consider using a model notice developed by the United States Department of Education to provide annual information to parents on rights regarding student records and opt-out opportunities.

    Amends the act's long title.


  • Summary date: May 20 2014 - More information

    Enacts new GS 115C-402.5, Student Data System Security, as the title indicates. Includes definitions for the following terms: (1) aggregate student data, (2) de-identified-student data, (3) FERPA-the Federal Family Educational Rights and Privacy Act, (4) personally identifiable student data, and (5) student data system.

    Tasks the State Board of Education with the security of the student data system; specifies actions and policies to implement and rules to be developed to ensure the security of the student data system. Requires the SBE to develop a detailed data security plan for the student data system. Restricts the student data collection, prohibiting collecting or reporting the following information as part of the student data system: (1) student biometric information, (2) student political affiliation, and (3) student religion.

    Enacts new GS 115C-402.15, Parental Notification Regarding Rights to Student Records and Opt-Out Opportunities. Requires that local boards of education annually provide parents information on parental rights concerning student records under federal and state law. Specifies what information on parental rights under state and federal law should be contained in the notice content. Requires that the parental notifications contain information on parental rights under state and federal law to receive notice and the opportunity to opt out prior to the participation of the student in a protected information survey.

    Recommends that local boards of education consider using model notices developed by the US Department of Education toprovide the annual information as required by this section.

    Effective whenthe actbecomes law with the annual notice to parents requirement in Section 2 applied beginning with the 2014-15 school year.


  • Summary date: May 20 2014 - More information

    Enacts new GS 115C-402.5., Student Data System Security, as the title indicates. Includes definition for the following terms: (1) Aggregate student data, (2) de-identified-student data, (3) FERPA-the Federal Family Educational Rights and Privacy, (4) Personally identifiable student data, and (5) student data system.

    Tasks the State Board of Education with the security of the student data system; specifies actions and policies to implement and rules to be developed to ensure the security of the student data system. Requires the SBE to develop a detailed data security plan for the student data system. Restricts the student data collection, prohibiting collecting or reporting the following information as part of the student data system: (1) student biometric information, (2) student political affiliation, and (3) student religion.

    Enacts new GS 115C-402.15., Parental Notification Regarding Rights to Student Records and Opt-Out Opportunities. Requires that local boards of education annually provide parents information on parental rights under federal and state law. Specifies what information on parental rights under state and federal law should be contained in the notice content. Requires that the parental notifications contain information on parental rights under state and federal law to receive notice and the opportunity to opt out prior to the participation of the student in a protected information survey.

    Recommends that local boards of education consider using model notices developed by the U.S. Department of Education provide the annual information as required by this section.

    Effective when it becomes law with the annual notice to parents requirement in Section 2 applied beginning with the 2014-2015 school year.


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