Bill Text: AZ SB1464 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Student, teacher data collection; prohibitions
Spectrum: Partisan Bill (Republican 21-0)
Status: (Introduced - Dead) 2015-02-04 - Referred to Senate ED Committee [SB1464 Detail]
Download: Arizona-2015-SB1464-Introduced.html
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REFERENCE TITLE: student, teacher data collection; prohibitions |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1464 |
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Introduced by Senator Burges; Representative Borrelli: Senators Allen, Barto, Farnsworth D, Griffin, Kavanagh, Lesko, Shooter, Smith, Ward, Yee; Representatives Allen J, Campbell, Fann, Finchem, Gray, Kern, Leach, Livingston, Thorpe
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AN ACT
amending Title 15, chapter 9, article 8, Arizona Revised Statutes, by adding section 15-1046; relating to student and teacher data.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 15-1046, to read:
15-1046. Student and teacher data transparency and accountability; civil penalty; definition
A. Notwithstanding any other law, the state of Arizona affirms the parent as the final authority in all matters of the parent's student's education and prohibits the access, release or sharing of personally identifiable information, student level data or any information about students without a written explanation of why the information is being requested and for what purposes it will be used. Before any data collection, written affirmative consent of the parent or guardian is required.
B. Notwithstanding any other law, a state or national student assessment may not be adopted or administered in this state that collects any type of psychological data, including assessment of noncognitive skills or attributes, psychological attributes, feelings, emotions, values, appreciations, enthusiasms, motivations, mindsets, learning strategies, attitudes, beliefs, dispositions, conceptions of self, social skills, interpersonal skills, intrapersonal resources or other aspects of the affective domain.
C. Notwithstanding any other law, the state board of education, the department of education and any other state entity may not spend any monies, whether from state, federal or private sources, on further construction, enhancement or expansion of any statewide longitudinal data system designed to track students beyond grade twelve or compile personal, nonacademic information beyond what is necessary either for administrative functions directly related to students' schooling or for evaluation of academic programs and student progress.
D. Notwithstanding any other law, the department of education and any political subdivision of this state may not share any personally identifiable information of students and teachers with the United States department of education unless all of the following occur:
1. The United States department of education agrees in writing that the data will be used only to evaluate the specific program or programs funded by a specific grant and will not be transferred to or shared with any other federal agency.
2. The United States department of education agrees in writing that the data will not be used for any research beyond that related to evaluation of the specific program or programs funded by the grant, unless the parent of any student and any teacher whose data will be used for such research are informed in writing of the purpose of the research and the use of the data to be collected and affirmatively consent in writing to that use.
3. The United States department of education agrees in writing to destroy the data on completion of the evaluation of the program or programs for which the data was compiled.
4. The grant or program requiring the data is one authorized by federal law.
E. Notwithstanding any other law, the department of education shall require every recipient of a federal grant to do the following:
1. Provide written notification to the parents or guardians of every student whose data will be shared and to every teacher whose data will be shared of the following:
(a) That the recipient of the federal grant is required to turn over the student's or teacher's data to the United States department of education.
(b) That neither the recipient of the federal grant nor any other entity within this state will have control over the use or further sharing of that data.
(c) The contact information, including the telephone number and e-mail address, of the United States department of education official who demands the data.
(d) The way in which the data will be used.
2. Obtain written consent from the teacher or the student's parent.
F. Notwithstanding any other law, to ensure transparency of data collected or used within this state, the department of education shall:
1. Develop and make publicly available to the people of this state a data inventory and index of data elements with definitions of each data field in the system that includes all of the following:
(a) Any personally identifiable student level data required to be reported by state and federal law.
(b) Any other personally identifiable student level data that has been proposed for inclusion in the student data system and a statement of purpose or reason for the proposed collection.
(c) Any individual student level data that the department collects or maintains with no stated current purpose or reason.
2. Develop, publish and make available to the people of this state policies and procedures that comply with the family educational rights and privacy act of 1974 and other relevant privacy laws and policies, including policies and procedures that specify that Access to personally identifiable student level data in any current statewide data system shall be restricted to:
(a) The authorized staff of the department of education and any of the department's contractors that require such access.
(b) District administrators, teachers and school personnel who require such access to perform assigned duties.
(c) Students and their parents for their own data.
(d) The authorized staff of other state agencies in this state as required by law and defined by interagency data sharing agreements.
G. Notwithstanding any other law, personally identifiable student level data maintained by the department of education shall remain confidential. The department shall use only aggregate data in public reports or in response to public record requests.
H. Notwithstanding any other law, the department of education shall develop criteria for the approval of research and data requests from state and local agencies, the legislature, researchers and the public that provide student level records with all personally identifiable student level data removed. In all cases, individual student identities shall remain confidential.
I. The department of education shall develop and make publicly available to the people of this state a detailed data security plan that includes all of the following:
1. Guidelines for authorizing access to the data system and to individual student level data including guidelines for authentication of authorized access.
2. Privacy compliance standards.
3. Privacy and security audits.
4. Breach planning, notification and procedures.
5. Data retention and disposition policies.
6. Data security policies, including electronic, physical and administrative safeguards, such as data encryption and training of employees.
J. Notwithstanding any other law, the department of education and schools may not collect any personally identifiable information on any student or teacher without receiving prior affirmative written consent, and only after providing the parent, guardian or teacher with a written explanation of why the information is being requested and for what purpose. Procedures shall be established to notify teachers, students and parents regarding the rights of teachers, students and parents under federal and state law.
K. Notwithstanding any other law, the department of education may not share or transfer any personally identifiable information about any student or teacher with any entity in this state unless that entity is an education agency or institution that will not:
1. Use the data to develop commercial products or services.
2. Share or transfer any personally identifiable information about any student or teacher to any economic or workforce development research or initiatives.
3. Share any personally identifiable information compiled on students or teachers with any entity outside this state, except as provided in this section.
L. Notwithstanding any other law, the department of education shall ensure that all contracts that govern databases, assessments or instructional supports that include student or redacted data and that are outsourced to private vendors include written provisions that specifically safeguard student privacy and data security, including provisions that prohibit private vendors from selling student level data or from using student level data in furtherance of advertising, with penalties for noncompliance. The department may not share any personally identifiable information about any student or teacher with any entity that will use that information for development of commercial products or services or that will transfer that data to any other entity for use in the development of commercial products or services. A contractor working with student records shall agree in writing that it will not disclose such information, including for online behavioral advertising, for the sale of data for any commercial purpose or for any other commercial or noncommercial activity or product.
M. Notwithstanding any other law, the department of education shall publicly notify the governor, the president of the senate, the speaker of the house of representatives, the superintendent of public instruction, the state board of education, parents and the general public of the following:
1. New student level data elements proposed for inclusion in the state student data system.
2. Changes to existing data collection required for any reason, including changes to the federal reporting requirements made by the United States department of education.
N. Notwithstanding any other law, the department of education may not collect, and school districts and charter schools may not report, any of the following individual student level data:
1. Juvenile court delinquency records.
2. Criminal records.
3. Student biometric information.
4. Information about political affiliation and voting history of students, siblings of students or parents of students.
5. Information about the religion of students, siblings of students or parents of students.
6. Information about gun and ammunition ownership or other hobbies of students, siblings of students or parents of students.
7. Information about drug or alcohol use of students, siblings of students or parents of students.
8. The Quality of home interpersonal relationships.
9. mental health screenings and mental health survey data of students, siblings of students or parents of students.
O. Notwithstanding any other law, for each violation of this section or any rules adopted pursuant to this section by an organization or entity other than a state agency, a school district governing board or an education institution, a civil penalty shall be imposed in the amount of one thousand dollars per student record. The contract shall be terminated if a person or entity that is a contractor with this state or with an educational entity in this state violates this section, and that person or entity is prohibited from entering into any contracts in the future with this state or an educational entity in this state. The attorney general may enforce compliance with this section by investigations and the initiation of civil actions to seek civil penalties for violations of this section and to seek appropriate injunctive relief, including a prohibition on obtaining personally identifiable information for an appropriate time period. The attorney general may subpoena witnesses, compel attendance of witnesses, examine witnesses under oath and require the production, examination or audit of any books, records, documents, papers or electronic records relevant to the inquiry. subpoenas issued pursuant to this subsection may be enforced pursuant to the Arizona rules of civil procedure.
P. The requirements of this section concerning curricula, standards, instructional methods, assessments, professional development, data collection, proposals, agreements, grants or documents include both paper and electronic media, whether stored locally, on the Internet or on servers connected to the internet or streamed or projected by, through or from any electronic devices or software.
Q. For the purposes of this section, "personally identifiable information" and "personally identifiable student level data" Include a student's unique identification number, name, address, zip code, birthdate, mother's maiden name, sibling information, social security number and biometric data.
