§3913. Transfer of personally identifiable student information
A.(1) Parents and citizens are increasingly concerned about the commercial and criminal uses of student information. It is therefore the intent of this Section to ensure that parents and citizens have an accurate picture of those transfers. The legislature finds that, if they are provided accurate information, parents and citizens will be in a better position to judge the validity and safety of various transfers and to bring focused pressure to bear on policy makers when they have concerns.
(2) The purpose of this Section is to increase awareness of the transfer of student information by requiring the state Department of Education and public school governing authorities to make such information available to the public.
B. By January 1, 2015, the state Department of Education shall make available on its website information about the transfer of personally identifiable student information. Such information shall include but need not be limited to all of the following:
(1) A profile of each authorized recipient of such information.
(2) A copy of the signed agreement between the department and the authorized recipient.
(3) A complete listing of all of the data elements authorized to be transferred.
(4) A statement of the intended use of the information, including references to legal authority or legal requirements associated with the transfer of such information.
(5) The name and contact information of the individual serving as the primary point of contact for inquiries about the agreement.
(6) A process by which parents of students attending public schools may register a complaint related to the unauthorized transfer of personally identifiable student information.
C. By January 1, 2015, the governing authority of each public school shall make available at the main office of the governing authority information about the transfer of personally identifiable student information. Such information shall include but need not be limited to all of the following, to the extent such information is obtainable:
(1) A profile of each authorized recipient of such information.
(2) A copy of the signed agreement between the governing authority of the public school and the authorized recipient.
(3) A complete listing of all of the data elements authorized to be transferred.
(4) A statement of the intended use of the information, including references to legal authority or legal requirements associated with the transfer of such information.
(5) The name and contact information of the individual serving as the primary point of contact for inquiries about the agreement.
(6) A process by which parents of students attending public schools may register a complaint related to the unauthorized transfer of personally identifiable student information.
D. The information specified in Paragraphs (B)(1) through (5) and (C)(1) through (5) of this Section shall be made available as specified in this Section no later than ten business days following the execution of an agreement providing for a transfer of personally identifiable student information and shall remain available for the duration of the agreement.
Acts 2014, No. 677, §1; Acts 2015, No. 228, §1, eff. June 23, 2015.
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