House File 2053 - Introduced HOUSE FILE 2053 BY SALMON , GUSTAFSON , HEARTSILL , HOLT , KOOIKER , KAUFMANN , WATTS , BAXTER , GASSMAN , SHEETS , LANDON , FISHER , NUNN , BRANHAGEN , KLEIN , and ROGERS A BILL FOR An Act relating to statewide student assessments and to student 1 data collection by the department of education, school 2 districts, and accredited nonpublic schools. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5109YH (5) 86 kh/rj

H.F. 2053 Section 1. Section 256.7, subsection 21, paragraph b, 1 subparagraph (2), Code 2016, is amended to read as follows: 2 (2) Notwithstanding subparagraph (1), for the school year 3 beginning July 1, 2016, and each succeeding school year, the 4 rules shall provide that all students enrolled in school 5 districts in grades three through eleven shall be administered 6 an assessment during the last quarter of the school year that 7 at a minimum assesses the core academic indicators identified 8 in this paragraph “b” ; is aligned with the Iowa common core 9 standards in both content and rigor; accurately describes 10 student achievement and growth for purposes of the school, the 11 school district, and state accountability systems; and provides 12 valid, reliable, and fair measures of student progress toward 13 college or career readiness. However, if the state board 14 proposes rules providing for a statewide assessment other than 15 the assessment approved pursuant to subparagraph (1), the state 16 board shall submit its proposed rules to the general assembly 17 and shall not adopt such rules unless the proposed rules are 18 specifically authorized by a constitutional majority of each 19 house of the general assembly and approved by the governor. 20 Sec. 2. NEW SECTION . 256.34 Student data collection —— 21 policies and plans. 22 1. The department shall establish data collection, data 23 privacy, and data sharing policies for data relating to 24 students collected by the department, school districts, and 25 accredited nonpublic schools. 26 2. The department shall annually conduct an inventory of and 27 categorize the data collected on students and the purposes for 28 which the data is collected, and shall report to the general 29 assembly by November 1, 2016, and by November 1 each succeeding 30 year, the department’s findings and recommendations. 31 3. The department shall create a detailed student data 32 security plan that includes privacy compliance standards, a 33 data breach plan, data retention or destruction plans, and 34 guidelines for authorizing student and parental access to 35 -1- LSB 5109YH (5) 86 kh/rj 1/ 6

H.F. 2053 student data. This section shall not be construed to undermine 1 or eliminate the right of a student’s parent or guardian 2 to review, correct, amend, add to, or delete the student’s 3 information on the department’s database, or the student’s 4 future right as an adult to review, correct, amend, add to, or 5 delete the student’s information on the department’s database. 6 4. The department, school districts, and accredited 7 nonpublic schools shall not include any of the following in 8 student data files: 9 a. Information regarding biometrics, psychometrics, or 10 health. 11 b. Any of the following information as it relates to the 12 student or the student’s family: 13 (1) Voting status. 14 (2) Income. 15 (3) Personality traits such as work techniques, attitude, 16 and effort. 17 (4) Political affiliations. 18 (5) Religious affiliations. 19 (6) Telephone numbers other than contact telephone numbers. 20 (7) Criminal or juvenile justice records. 21 5. a. Student data shall be kept confidential by the 22 department, a school district, or an accredited nonpublic 23 school unless otherwise ordered by a court, by the lawful 24 custodian of the data, or by another person duly authorized to 25 release such data. 26 b. Except as provided in paragraph “a” , student data shall 27 not be provided outside of the state unless necessary to 28 facilitate the timely enrollment and placement of a student who 29 is transferring to a school outside the state. 30 6. Except as prohibited in subsection 7, the department 31 shall establish and maintain a policy relating to the sharing, 32 security, and confidentiality of student data in compliance 33 with the federal Family Educational Rights and Privacy Act, 20 34 U.S.C. §1232g. 35 -2- LSB 5109YH (5) 86 kh/rj 2/ 6

H.F. 2053 7. The state board and the department shall not enter 1 into an agreement with any entity that has an agreement with 2 any federal governmental agency or with a third party that 3 has an agreement with any federal governmental agency, to 4 share personally identifiable student data, or that is working 5 with any federal governmental agency to develop a strategy to 6 make available, on an ongoing basis for research, personally 7 identifiable student data that results from services provided 8 by the entity to the state. 9 8. The department shall notify the governor and the 10 general assembly annually of changes in measures to collect 11 student data or to maintain student data collections by the 12 department which are required for any reason, including changes 13 in federal reporting requirements. Such change shall not be 14 implemented by the department unless specifically authorized by 15 a constitutional majority of each house of the general assembly 16 and approved by the governor or unless otherwise specifically 17 authorized by statute. 18 9. Student data shall not be published, or shared outside 19 the state, by the department except in aggregate form. 20 10. This section shall not be construed to supersede any 21 provision of section 22.7, section 256.9, subsection 48, or 22 chapter 256H. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to statewide student assessments and 27 student data collection by the department of education, 28 school districts, and accredited nonpublic schools. The bill 29 requires the department to create student data-related policies 30 and plans, and also requires that changes proposed by the 31 department relating to the statewide assessment or to student 32 data collection or maintenance must be specifically authorized 33 by the general assembly and approved by the governor. 34 ASSESSMENTS. Currently, Code section 256.7(21) requires the 35 -3- LSB 5109YH (5) 86 kh/rj 3/ 6

H.F. 2053 state board of education to specify in rule that the approved 1 district-wide assessment of student progress administered for 2 purposes of the core academic indicators in mathematics and 3 reading in grades 4, 8, and 11, and for science in grades 8 4 and 11, must be the Iowa assessments. However, for the school 5 year beginning July 1, 2016, and each succeeding school year, 6 the rules must provide that the assessment at a minimum must 7 also be aligned with the Iowa common core standards in both 8 content and rigor; accurately describe student achievement and 9 growth for purposes of the school, the school district, and 10 state accountability systems; and provide valid, reliable, and 11 fair measures of student progress toward college or career 12 readiness. Under the bill, if the state board proposes rules 13 providing for a statewide assessment other than the Iowa 14 assessments, it must submit the proposed rules to the general 15 assembly, and the state board is prohibited from adopting such 16 rules unless specifically authorized by the general assembly 17 and the governor. 18 STUDENT DATA COLLECTION —— POLICIES AND PLANS. The bill 19 requires the department to establish policies for student 20 data collection, and to annually conduct an inventory of and 21 categorize the data collected on students and the purposes 22 for which the data is collected, and report its findings and 23 recommendations to the general assembly by November 1, 2016, 24 and by November 1 each succeeding year. 25 The department must also create a detailed student 26 data security plan, a data breach plan, data retention or 27 destruction plans, and guidelines for authorizing student and 28 parental access to student data. 29 The bill prohibits the department, school districts, and 30 accredited nonpublic schools from including in student data 31 files certain information regarding biometrics, psychometrics, 32 and health; certain information concerning the student’s or the 33 student’s family; and further prohibits the department from 34 publishing student data, and from sharing student data outside 35 -4- LSB 5109YH (5) 86 kh/rj 4/ 6

H.F. 2053 the state, except in aggregate form. 1 Student data must be kept confidential unless otherwise 2 ordered by a court, by the lawful custodian of the records, or 3 by another person duly authorized to release such information. 4 The bill allows student data to be provided outside of the 5 state if necessary to facilitate the timely enrollment and 6 placement of a student who is transferring to an out-of-state 7 school. Similar provisions are currently provided for in 8 Code chapters 22 and 256H, and Code sections 279.9A, 280.19A, 9 280.25, 280.29, and 299A.11. 10 The department must establish and maintain a policy relating 11 to the sharing, security, and confidentiality of student data 12 in compliance with the federal Family Educational Rights 13 and Privacy Act, 20 U.S.C. §1232g. The state board and the 14 department are prohibited from entering into an agreement with 15 any entity that has an agreement with any federal governmental 16 agency or with a third party that has an agreement with any 17 federal governmental agency, to share personally identifiable 18 student data, or that is working with any federal governmental 19 agency to develop a strategy to make available, on an ongoing 20 basis for research, personally identifiable student data that 21 results from services provided by the entity to the state. 22 The department shall notify the governor and the general 23 assembly annually of changes to existing student data 24 collections maintained by the department. Unless specifically 25 authorized by the general assembly and approved by the 26 governor, changes that are not necessitated by changes in state 27 and federal reporting requirements shall not be implemented. 28 The new provisions relating to student data shall not be 29 construed to undermine or eliminate the right of a student’s 30 parent or guardian to review, correct, amend, add to, or delete 31 the student’s information on the department’s database, or the 32 student’s future right as an adult to review, correct, amend, 33 add to, or delete the student’s information on the department’s 34 database; or construed to supersede any existing open records 35 -5- LSB 5109YH (5) 86 kh/rj 5/ 6