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House File 39 - IntroducedA Bill ForAn Act 1relating to student data collection by the department
2of education, school districts, and accredited nonpublic
3schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 256.25 Student data collection —
2policies and plans.
31. The department shall establish data collection, data
4privacy, and data sharing policies for data relating to
5students collected by the department, school districts, and
6accredited nonpublic schools.
72. The department shall annually conduct an inventory of and
8categorize the data collected on students and the purposes for
9which the data is collected, and shall report to the general
10assembly by November 1, 2019, and by November 1 each succeeding
11year, the department’s findings and recommendations.
123. The department shall create a detailed student data
13security plan that includes privacy compliance standards, a
14data breach plan, data retention or destruction plans, and
15guidelines for authorizing student and parental access to
16student data.
174. a. The department, school districts, and accredited
18nonpublic schools shall not include any of the following in
19student data files unless otherwise provided in this section:
20(1) Information reflecting the use of biometric or
21psychometric data, including but not limited to information
22gathered from a computer adaptive assessment.
23(2) Any of the following information as it relates to the
24student or the student’s family:
25(a) Voting status.
26(b) Income, unless such information is required for
27scholarships, tuition, or school meal programs administered in
28accordance with chapter 283A.
29(c) Personality traits such as work techniques, attitude,
30and effort.
31(d) Political affiliations.
32(e) Religious affiliations, except an accredited nonpublic
33school may include such information in a student’s data files.
34(f) Telephone numbers other than contact telephone numbers.
35(g) Electronic mail addresses other than contact electronic
-1-1mail addresses.
2(h) Criminal or juvenile justice records.
3b. Notwithstanding paragraph “a”, the department, school
4districts, and accredited nonpublic schools may include in a
5student’s data file the telephone numbers and other contact
6information for, and electronic messages provided by, persons
7who are providing services to the student or the student’s
8family, including but not limited to health care professionals,
9mental health professionals, social workers, public health
10workers, attorneys, child advocates, and juvenile court
11officers.
125. Student data shall be kept confidential by the
13department, a school district, or an accredited nonpublic
14school unless otherwise ordered by a court, by the lawful
15custodian of the data, or by another person duly authorized to
16release such data.
176. Except as prohibited in subsection 7, the department
18shall establish and maintain a policy relating to the sharing,
19security, and confidentiality of student data in compliance
20with the federal Family Educational Rights and Privacy Act, 20
21U.S.C.§1232g.
227. The state board and the department shall not enter
23into an agreement with any entity that has an agreement with
24any federal governmental agency or with a third party that
25has an agreement with any federal governmental agency, to
26share personally identifiable student data, or that is working
27with any federal governmental agency to develop a strategy to
28make available, on an ongoing basis for research, personally
29identifiable student data that results from services provided
30by the entity to the state.
318. The department shall notify the governor and the general
32assembly annually of changes in measures to collect student
33data or to maintain student data collections by the department
34which are required for any reason, including changes in federal
35reporting requirements. The department shall not implement
-2-1such change unless specifically authorized by a constitutional
2majority of each house of the general assembly and approved by
3the governor or unless otherwise specifically authorized by
4statute.
59. Except as provided in subsection 5, the department shall
6not publish or share with any governmental agency outside of
7the state student data except in aggregate form.
810. This section shall not be construed to do any of the
9following:
10a. Supersede any provision of section 22.7, section 256.9,
11subsection 44, or chapter 256H.
12b. Undermine or eliminate the right of a student’s parent
13or guardian to review, correct, amend, add to, or delete the
14student’s information on the department’s database, or the
15student’s future right as an adult to review, correct, amend,
16add to, or delete the student’s information on the department’s
17database.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to student data collection by the
22department of education, school districts, and accredited
23nonpublic schools. The bill requires the department to create
24student data-related policies and plans, and prohibits the
25department from making changes in the measures used to collect
26or maintain student data unless specifically authorized by the
27general assembly and approved by the governor or by statute.
28The bill requires the department to annually conduct an
29inventory of and categorize the data collected on students
30and the purposes for which the data is collected, and report
31its findings and recommendations to the general assembly by
32November 1, 2019, and by November 1 each succeeding year.
33The bill prohibits, except as otherwise provided, the
34department, school districts, and accredited nonpublic schools
35from including in student data files certain information
-3-1regarding biometric and psychometric data and certain
2information concerning the student’s or the student’s family.
3Student data must be kept confidential unless otherwise
4ordered by a court, by the lawful custodian of the records, or
5by another person duly authorized to release such information.
6Student data may be provided outside of the state if necessary
7to facilitate the timely enrollment and placement of a student
8who is transferring to an out-of-state school.
9The department must establish and maintain a policy relating
10to the sharing, security, and confidentiality of student data
11in compliance with the federal Family Educational Rights
12and Privacy Act, 20 U.S.C.§1232g. The state board and the
13department are prohibited from entering into an agreement with
14any entity that has an agreement with any federal governmental
15agency or with a third party that has an agreement with any
16federal governmental agency, to share personally identifiable
17student data, or that is working with any federal governmental
18agency to develop a strategy to make available, on an ongoing
19basis for research, personally identifiable student data that
20results from services provided by the entity to the state.
21The department is also prohibited from publishing or sharing
22with any governmental agency outside of the state student data
23except in aggregate form.
24The department shall notify the governor and the general
25assembly annually of changes to existing student data
26collections maintained by the department. Unless specifically
27authorized by the general assembly and approved by the governor
28or by statute, changes that are not necessitated by changes
29in state and federal reporting requirements shall not be
30implemented.
31The new provisions relating to student data shall not be
32construed to undermine or eliminate the right of a student’s
33parent or guardian, or the student’s future right as an adult,
34to review, correct, amend, add to, or delete the student’s
35information on the department’s database; or construed to
-4-1supersede any existing open records law provisions, provisions
2relating to the department’s comprehensive management
3information system which are in compliance with state and
4federal reporting requirements, or provisions enacting the
5interstate compact on educational opportunity for military
6children.
-5-kh/jh
2of education, school districts, and accredited nonpublic
3schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 256.25 Student data collection —
2policies and plans.
31. The department shall establish data collection, data
4privacy, and data sharing policies for data relating to
5students collected by the department, school districts, and
6accredited nonpublic schools.
72. The department shall annually conduct an inventory of and
8categorize the data collected on students and the purposes for
9which the data is collected, and shall report to the general
10assembly by November 1, 2019, and by November 1 each succeeding
11year, the department’s findings and recommendations.
123. The department shall create a detailed student data
13security plan that includes privacy compliance standards, a
14data breach plan, data retention or destruction plans, and
15guidelines for authorizing student and parental access to
16student data.
174. a. The department, school districts, and accredited
18nonpublic schools shall not include any of the following in
19student data files unless otherwise provided in this section:
20(1) Information reflecting the use of biometric or
21psychometric data, including but not limited to information
22gathered from a computer adaptive assessment.
23(2) Any of the following information as it relates to the
24student or the student’s family:
25(a) Voting status.
26(b) Income, unless such information is required for
27scholarships, tuition, or school meal programs administered in
28accordance with chapter 283A.
29(c) Personality traits such as work techniques, attitude,
30and effort.
31(d) Political affiliations.
32(e) Religious affiliations, except an accredited nonpublic
33school may include such information in a student’s data files.
34(f) Telephone numbers other than contact telephone numbers.
35(g) Electronic mail addresses other than contact electronic
-1-1mail addresses.
2(h) Criminal or juvenile justice records.
3b. Notwithstanding paragraph “a”, the department, school
4districts, and accredited nonpublic schools may include in a
5student’s data file the telephone numbers and other contact
6information for, and electronic messages provided by, persons
7who are providing services to the student or the student’s
8family, including but not limited to health care professionals,
9mental health professionals, social workers, public health
10workers, attorneys, child advocates, and juvenile court
11officers.
125. Student data shall be kept confidential by the
13department, a school district, or an accredited nonpublic
14school unless otherwise ordered by a court, by the lawful
15custodian of the data, or by another person duly authorized to
16release such data.
176. Except as prohibited in subsection 7, the department
18shall establish and maintain a policy relating to the sharing,
19security, and confidentiality of student data in compliance
20with the federal Family Educational Rights and Privacy Act, 20
21U.S.C.§1232g.
227. The state board and the department shall not enter
23into an agreement with any entity that has an agreement with
24any federal governmental agency or with a third party that
25has an agreement with any federal governmental agency, to
26share personally identifiable student data, or that is working
27with any federal governmental agency to develop a strategy to
28make available, on an ongoing basis for research, personally
29identifiable student data that results from services provided
30by the entity to the state.
318. The department shall notify the governor and the general
32assembly annually of changes in measures to collect student
33data or to maintain student data collections by the department
34which are required for any reason, including changes in federal
35reporting requirements. The department shall not implement
-2-1such change unless specifically authorized by a constitutional
2majority of each house of the general assembly and approved by
3the governor or unless otherwise specifically authorized by
4statute.
59. Except as provided in subsection 5, the department shall
6not publish or share with any governmental agency outside of
7the state student data except in aggregate form.
810. This section shall not be construed to do any of the
9following:
10a. Supersede any provision of section 22.7, section 256.9,
11subsection 44, or chapter 256H.
12b. Undermine or eliminate the right of a student’s parent
13or guardian to review, correct, amend, add to, or delete the
14student’s information on the department’s database, or the
15student’s future right as an adult to review, correct, amend,
16add to, or delete the student’s information on the department’s
17database.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to student data collection by the
22department of education, school districts, and accredited
23nonpublic schools. The bill requires the department to create
24student data-related policies and plans, and prohibits the
25department from making changes in the measures used to collect
26or maintain student data unless specifically authorized by the
27general assembly and approved by the governor or by statute.
28The bill requires the department to annually conduct an
29inventory of and categorize the data collected on students
30and the purposes for which the data is collected, and report
31its findings and recommendations to the general assembly by
32November 1, 2019, and by November 1 each succeeding year.
33The bill prohibits, except as otherwise provided, the
34department, school districts, and accredited nonpublic schools
35from including in student data files certain information
-3-1regarding biometric and psychometric data and certain
2information concerning the student’s or the student’s family.
3Student data must be kept confidential unless otherwise
4ordered by a court, by the lawful custodian of the records, or
5by another person duly authorized to release such information.
6Student data may be provided outside of the state if necessary
7to facilitate the timely enrollment and placement of a student
8who is transferring to an out-of-state school.
9The department must establish and maintain a policy relating
10to the sharing, security, and confidentiality of student data
11in compliance with the federal Family Educational Rights
12and Privacy Act, 20 U.S.C.§1232g. The state board and the
13department are prohibited from entering into an agreement with
14any entity that has an agreement with any federal governmental
15agency or with a third party that has an agreement with any
16federal governmental agency, to share personally identifiable
17student data, or that is working with any federal governmental
18agency to develop a strategy to make available, on an ongoing
19basis for research, personally identifiable student data that
20results from services provided by the entity to the state.
21The department is also prohibited from publishing or sharing
22with any governmental agency outside of the state student data
23except in aggregate form.
24The department shall notify the governor and the general
25assembly annually of changes to existing student data
26collections maintained by the department. Unless specifically
27authorized by the general assembly and approved by the governor
28or by statute, changes that are not necessitated by changes
29in state and federal reporting requirements shall not be
30implemented.
31The new provisions relating to student data shall not be
32construed to undermine or eliminate the right of a student’s
33parent or guardian, or the student’s future right as an adult,
34to review, correct, amend, add to, or delete the student’s
35information on the department’s database; or construed to
-4-1supersede any existing open records law provisions, provisions
2relating to the department’s comprehensive management
3information system which are in compliance with state and
4federal reporting requirements, or provisions enacting the
5interstate compact on educational opportunity for military
6children.
-5-kh/jh