House File 39 - Introduced HOUSE FILE 39 BY SALMON A BILL FOR An Act relating to student data collection by the department 1 of education, school districts, and accredited nonpublic 2 schools. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1129YH (7) 88 kh/jh

H.F. 39 Section 1. NEW SECTION . 256.25 Student data collection —— 1 policies and plans. 2 1. The department shall establish data collection, data 3 privacy, and data sharing policies for data relating to 4 students collected by the department, school districts, and 5 accredited nonpublic schools. 6 2. The department shall annually conduct an inventory of and 7 categorize the data collected on students and the purposes for 8 which the data is collected, and shall report to the general 9 assembly by November 1, 2019, and by November 1 each succeeding 10 year, the department’s findings and recommendations. 11 3. The department shall create a detailed student data 12 security plan that includes privacy compliance standards, a 13 data breach plan, data retention or destruction plans, and 14 guidelines for authorizing student and parental access to 15 student data. 16 4. a. The department, school districts, and accredited 17 nonpublic schools shall not include any of the following in 18 student data files unless otherwise provided in this section: 19 (1) Information reflecting the use of biometric or 20 psychometric data, including but not limited to information 21 gathered from a computer adaptive assessment. 22 (2) Any of the following information as it relates to the 23 student or the student’s family: 24 (a) Voting status. 25 (b) Income, unless such information is required for 26 scholarships, tuition, or school meal programs administered in 27 accordance with chapter 283A. 28 (c) Personality traits such as work techniques, attitude, 29 and effort. 30 (d) Political affiliations. 31 (e) Religious affiliations, except an accredited nonpublic 32 school may include such information in a student’s data files. 33 (f) Telephone numbers other than contact telephone numbers. 34 (g) Electronic mail addresses other than contact electronic 35 -1- LSB 1129YH (7) 88 kh/jh 1/ 5

H.F. 39 mail addresses. 1 (h) Criminal or juvenile justice records. 2 b. Notwithstanding paragraph “a” , the department, school 3 districts, and accredited nonpublic schools may include in a 4 student’s data file the telephone numbers and other contact 5 information for, and electronic messages provided by, persons 6 who are providing services to the student or the student’s 7 family, including but not limited to health care professionals, 8 mental health professionals, social workers, public health 9 workers, attorneys, child advocates, and juvenile court 10 officers. 11 5. Student data shall be kept confidential by the 12 department, a school district, or an accredited nonpublic 13 school unless otherwise ordered by a court, by the lawful 14 custodian of the data, or by another person duly authorized to 15 release such data. 16 6. Except as prohibited in subsection 7, the department 17 shall establish and maintain a policy relating to the sharing, 18 security, and confidentiality of student data in compliance 19 with the federal Family Educational Rights and Privacy Act, 20 20 U.S.C. §1232g. 21 7. The state board and the department shall not enter 22 into an agreement with any entity that has an agreement with 23 any federal governmental agency or with a third party that 24 has an agreement with any federal governmental agency, to 25 share personally identifiable student data, or that is working 26 with any federal governmental agency to develop a strategy to 27 make available, on an ongoing basis for research, personally 28 identifiable student data that results from services provided 29 by the entity to the state. 30 8. The department shall notify the governor and the general 31 assembly annually of changes in measures to collect student 32 data or to maintain student data collections by the department 33 which are required for any reason, including changes in federal 34 reporting requirements. The department shall not implement 35 -2- LSB 1129YH (7) 88 kh/jh 2/ 5

H.F. 39 such change unless specifically authorized by a constitutional 1 majority of each house of the general assembly and approved by 2 the governor or unless otherwise specifically authorized by 3 statute. 4 9. Except as provided in subsection 5, the department shall 5 not publish or share with any governmental agency outside of 6 the state student data except in aggregate form. 7 10. This section shall not be construed to do any of the 8 following: 9 a. Supersede any provision of section 22.7, section 256.9, 10 subsection 44, or chapter 256H. 11 b. Undermine or eliminate the right of a student’s parent 12 or guardian to review, correct, amend, add to, or delete the 13 student’s information on the department’s database, or the 14 student’s future right as an adult to review, correct, amend, 15 add to, or delete the student’s information on the department’s 16 database. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to student data collection by the 21 department of education, school districts, and accredited 22 nonpublic schools. The bill requires the department to create 23 student data-related policies and plans, and prohibits the 24 department from making changes in the measures used to collect 25 or maintain student data unless specifically authorized by the 26 general assembly and approved by the governor or by statute. 27 The bill requires the department to annually conduct an 28 inventory of and categorize the data collected on students 29 and the purposes for which the data is collected, and report 30 its findings and recommendations to the general assembly by 31 November 1, 2019, and by November 1 each succeeding year. 32 The bill prohibits, except as otherwise provided, the 33 department, school districts, and accredited nonpublic schools 34 from including in student data files certain information 35 -3- LSB 1129YH (7) 88 kh/jh 3/ 5

H.F. 39 regarding biometric and psychometric data and certain 1 information concerning the student’s or the student’s family. 2 Student data must be kept confidential unless otherwise 3 ordered by a court, by the lawful custodian of the records, or 4 by another person duly authorized to release such information. 5 Student data may be provided outside of the state if necessary 6 to facilitate the timely enrollment and placement of a student 7 who is transferring to an out-of-state school. 8 The department must establish and maintain a policy relating 9 to the sharing, security, and confidentiality of student data 10 in compliance with the federal Family Educational Rights 11 and Privacy Act, 20 U.S.C. §1232g. The state board and the 12 department are prohibited from entering into an agreement with 13 any entity that has an agreement with any federal governmental 14 agency or with a third party that has an agreement with any 15 federal governmental agency, to share personally identifiable 16 student data, or that is working with any federal governmental 17 agency to develop a strategy to make available, on an ongoing 18 basis for research, personally identifiable student data that 19 results from services provided by the entity to the state. 20 The department is also prohibited from publishing or sharing 21 with any governmental agency outside of the state student data 22 except in aggregate form. 23 The department shall notify the governor and the general 24 assembly annually of changes to existing student data 25 collections maintained by the department. Unless specifically 26 authorized by the general assembly and approved by the governor 27 or by statute, changes that are not necessitated by changes 28 in state and federal reporting requirements shall not be 29 implemented. 30 The new provisions relating to student data shall not be 31 construed to undermine or eliminate the right of a student’s 32 parent or guardian, or the student’s future right as an adult, 33 to review, correct, amend, add to, or delete the student’s 34 information on the department’s database; or construed to 35 -4- LSB 1129YH (7) 88 kh/jh 4/ 5

H.F. 39 supersede any existing open records law provisions, provisions 1 relating to the department’s comprehensive management 2 information system which are in compliance with state and 3 federal reporting requirements, or provisions enacting the 4 interstate compact on educational opportunity for military 5 children. 6 -5- LSB 1129YH (7) 88 kh/jh 5/ 5