Bill Text For HB1104 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           March 23, 2021                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1104                        By: Vancuren, Dempsey,            |
 4|                                         Rosecrants and Bell of the    |
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  |                                         and                           |
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  |                                         Montgomery of the Senate      |
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 9|       An Act relating to schools; amending Section 1,                 |
  |       Chapter 356, O.S.L. 2013, as amended by Section 1,              |
10|       Chapter 33, O.S.L. 2015 (70 O.S. Supp. 2020, Section            |
  |       3-168), which relates to the Student Data                       |
11|       Accessibility, Transparency and Accountability Act of           |
  |       2013; and modifying definition of student data to               |
12|       include tribal affiliation and certain data related             |
  |       to American Indian heritage.                                    |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     Section 1, Chapter 356, O.S.L.       |
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17|2013, as amended by Section 1, Chapter 33, O.S.L. 2015 (70 O.S.        |
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18|Supp. 2020, Section 3-168), is amended to read as follows:             |
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19|    Section 3-168.  A.  This section shall be known and may be cited   |
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20|as the "Student Data Accessibility, Transparency and Accountability    |
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21|Act of 2013".                                                          |
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22|    B.  As used in this act:                                           |
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23|    1.  "Board" means the State Board of Education;                    |
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24|    2.  "Department" means the State Department of Education;          |
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 1|    3.  "Data system" means the Oklahoma State Department of           |
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 2|Education student data system;                                         |
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 3|    4.  "Aggregate data" means data collected and/or reported at the   |
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 4|group, cohort, or institutional level;                                 |
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 5|    5.  "De-identified data" means a student dataset in which parent   |
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 6|and student identifying information, including the state-assigned      |
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 7|student identifier, has been removed;                                  |
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 8|    6.  "Student testing number" means the unique student identifier   |
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 9|assigned by the state to each student that shall not be or include     |
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10|the Social Security number of a student in whole or in part;           |
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11|    7.  "Student data" means data collected and/or reported at the     |
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12|individual student level included in a student's educational record.   |
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13|         a.    "Student data" includes:                                |
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14|              (1)   state and national assessment results, including   |
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15|                   information on untested public school students,     |
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16|              (2)   course taking and completion, credits earned,      |
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17|                   and other transcript information,                   |
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18|              (3)   course grades and grade point average,             |
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19|              (4)   date of birth, grade level and expected            |
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20|                   graduation date/graduation cohort,                  |
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21|              (5)   degree, diploma, credential attainment, and        |
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22|                   other school exit information such as General       |
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23|                   Educational Development and drop-out dropout        |
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24|                   data,                                               |
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 1|              (6)   attendance and mobility,                           |
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 2|              (7)   data required to calculate the federal four-year   |
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 3|                   adjusted cohort graduation rate, including          |
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 4|                   sufficient exit and drop-out dropout information,   |
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 5|              (8)   discipline reports limited to objective            |
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 6|                   information sufficient to produce the federal       |
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 7|                   Title IV Annual Incident Report,                    |
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 8|              (9)   remediation,                                       |
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 9|             (10)   special education data,                            |
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10|             (11)   demographic data and program participation         |
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11|                   information, including tribal affiliation and       |
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12|                   other data associated with students who have been   |
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13|                   identified as having American Indian heritage,      |
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14|                   and                                                 |
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15|             (12)   military student identifier.                       |
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16|         b.    Unless included in a student's educational record,      |
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17|              "student data" shall not include:                        |
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18|              (1)   juvenile delinquency records,                      |
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19|              (2)   criminal records,                                  |
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20|              (3)   medical and health records,                        |
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21|              (4)   student Social Security number, and                |
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22|              (5)   student biometric information; and                 |
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23|    8.  "Military student identifier" means a unique identifier for    |
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24|each student whose parent or guardian is a member of the Armed         |
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 1|Forces of the United States, a reserve component of the Armed Forces   |
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 2|of the United States or the National Guard which will allow for the    |
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 3|disaggregation of each category.                                       |
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 4|    C.  The State Board of Education shall:                            |
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 5|    1.  Create, publish and make publicly available a data inventory   |
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 6|and dictionary or index of data elements with definitions of           |
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 7|individual student data fields currently in the student data system    |
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 8|including:                                                             |
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 9|         a.    any individual student data required to be reported     |
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10|              by state and federal education mandates,                 |
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11|         b.    any individual student data which has been proposed     |
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12|              for inclusion in the student data system with a          |
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13|              statement regarding the purpose or reason for the        |
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14|              proposed collection, and                                 |
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15|         c.    any individual student data that the State Department   |
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16|              of Education collects or maintains with no current       |
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17|              purpose or reason;                                       |
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18|    2.  Develop, publish and make publicly available policies and      |
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19|procedures to comply with the Federal Family Educational Rights and    |
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20|Privacy Act (FERPA) and other relevant privacy laws and policies,      |
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21|including but not limited to:                                          |
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22|         a.    access to student and de-identified data in the         |
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23|              student data system shall be restricted to:              |
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 1|              (1)   the authorized staff of the State Department of    |
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 2|                   Education and the Department's contractors who      |
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 3|                   require such access to perform their assigned       |
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 4|                   duties, including staff and contractors from the    |
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 5|                   Information Services Division of the Office of      |
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 6|                   Management and Enterprise Services assigned to      |
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 7|                   the Department,                                     |
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 8|              (2)   district administrators, teachers and school       |
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 9|                   personnel who require such access to perform        |
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10|                   their assigned duties,                              |
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11|              (3)   students and their parents, and                    |
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12|              (4)   the authorized staff of other state agencies in    |
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13|                   Oklahoma as required by law and/or defined by       |
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14|                   interagency data-sharing agreements,                |
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15|         b.    the State Department of Education shall use only        |
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16|              aggregate data in public reports or in response to       |
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17|              record requests in accordance with paragraph 3 of this   |
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18|              subsection,                                              |
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19|         c.    the State Department of Education shall develop         |
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20|              criteria for the approval of research and data           |
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21|              requests from state and local agencies, the State        |
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22|              Legislature, researchers and the public:                 |
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 1|              (1)   unless otherwise approved by the State Board of    |
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 2|                   Education, student data maintained by the State     |
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 3|                   Department of Education shall remain                |
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 4|                   confidential, and                                   |
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 5|              (2)   unless otherwise approved by the State Board of    |
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 6|                   Education to release student or de-identified       |
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 7|                   data in specific instances, the Department may      |
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 8|                   only use aggregate data in the release of data in   |
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 9|                   response to research and data requests, and         |
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10|         d.    notification to students and parents regarding their    |
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11|              rights under federal and state law;                      |
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12|    3.  Unless otherwise approved by the State Board of Education,     |
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13|the State Department of Education shall not transfer student or        |
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14|de-identified data deemed confidential under division (1) of           |
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15|subparagraph c of paragraph 2 of this subsection to any federal,       |
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16|state or local agency or other organization/entity outside of the      |
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17|State of Oklahoma, with the following exceptions:                      |
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18|         a.    a student transfers out of state or a school/district   |
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19|              seeks help with locating an out-of-state transfer,       |
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20|         b.    a student leaves the state to attend an out-of-state    |
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21|              institution of higher education or training program,     |
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22|         c.    a student registers for or takes a national or          |
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23|              multistate assessment,                                   |
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 1|         d.    a student voluntarily participates in a program for     |
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 2|              which such a data transfer is a condition/requirement    |
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 3|              of participation,                                        |
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 4|         e.    the Department enters into a contract that governs      |
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 5|              databases, assessments, special education or             |
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 6|              instructional supports with an out-of-state vendor,      |
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 7|         f.    a student is classified as "migrant" for federal        |
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 8|              reporting purposes, or                                   |
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 9|         g.    a student with a military student identifier for        |
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10|              purposes of assisting the Department of Defense in       |
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11|              developing policy and military child education           |
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12|              initiatives;                                             |
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13|    4.  Develop a detailed data security plan that includes:           |
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14|         a.    guidelines for authorizing access to the student data   |
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15|              system and to individual student data including          |
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16|              guidelines for authentication of authorized access,      |
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17|         b.    privacy compliance standards,                           |
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18|         c.    privacy and security audits,                            |
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19|         d.    breach planning, notification and procedures, and       |
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20|         e.    data retention and disposition policies;                |
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21|    5.  Ensure routine and ongoing compliance by the State             |
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22|Department of Education with FERPA, other relevant privacy laws and    |
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23|policies, and the privacy and security policies and procedures         |
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 1|developed under the authority of this act, including the performance   |
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 2|of compliance audits;                                                  |
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 3|    6.  Ensure that any contracts that govern databases, assessments   |
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 4|or instructional supports that include student or de-identified data   |
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 5|and are outsourced to private vendors include express provisions       |
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 6|that safeguard privacy and security and include penalties for          |
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 7|noncompliance;                                                         |
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 8|    7.  Notify the Governor and the Legislature annually of the        |
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 9|following:                                                             |
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10|         a.    new student data proposed for inclusion in the state    |
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11|              student data system:                                     |
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12|              (1)   any new student data collection proposed by the    |
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13|                   State Board of Education becomes a provisional      |
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14|                   requirement to allow districts and their local      |
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15|                   data system vendors the opportunity to meet the     |
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16|                   new requirement, and                                |
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17|              (2)   the State Board of Education must submit any new   |
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18|                   "provisional" student data collection to the        |
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19|                   Governor and the Legislature for their approval     |
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20|                   within one (1) year in order to make the new        |
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21|                   student data a permanent requirement.  Any          |
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22|                   provisional student data collection not approved    |
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23|                   by the Governor and the Legislature by the end of   |
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 1|                   the next legislative session expires and is no      |
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 2|                   longer required,                                    |
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 3|         b.    changes to existing data collections required for any   |
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 4|              reason, including changes to federal reporting           |
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 5|              requirements made by the U.S. Department of Education,   |
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 6|         c.    an explanation of any exceptions granted by the State   |
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 7|              Board of Education in the past year regarding the        |
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 8|              release or out-of-state transfer of student or           |
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 9|              de-identified data, and                                  |
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10|         d.    the results of any and all privacy compliance and       |
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11|              security audits completed in the past year.              |
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12|              Notifications regarding privacy compliance and           |
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13|              security audits shall not include any information that   |
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14|              would itself pose a security threat to the state or      |
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15|              local student information systems or to the secure       |
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16|              transmission of data between state and local systems     |
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17|              by exposing vulnerabilities; and                         |
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18|    8.  By July 1, 2016, include a military student identifier in      |
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19|the state student data system.                                         |
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20|    D.  The State Board of Education shall adopt rules for the State   |
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21|Department of Education to implement the provisions of the Student     |
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22|Data Accessibility, Transparency and Accountability Act of 2013.       |
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23|    E.  Upon the effective date of this act, any existing collection   |
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24|of student data by the State Department of Education and the           |
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 1|addition of a military student identifier to the student data          |
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 2|collected by the Department after the effective date of this act       |
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 3|shall not be considered a new student data collection in accordance    |
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 4|with subparagraph a of paragraph 7 of subsection C of this section.    |
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 5|    F.  Nothing in this act shall interfere with the State             |
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 6|Department of Education's compliance with the Educational              |
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 7|Accountability Reform Act.                                             |
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 8|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |March 23, 2021 - DO PASS                                               |
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