HB2088 - 522R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-101, Arizona Revised Statutes, is amended to read:

START_STATUTE15-101. Definitions

In this title, unless the context otherwise requires:

1. "Accommodation school" means either:

(a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory that is not included within the boundaries of a school district.

(b) A school that provides educational services to homeless children or alternative education programs as provided in section 15‑308, subsection B.

(c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.

2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.

3. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.

4. "Charter school" means a public school established by contract with a district governing board, the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district with enrollment of more than fifteen thousand full‑time equivalent students or a group of community college districts with a combined enrollment of more than fifteen thousand full‑time equivalent students pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.

5. "Child with a disability" means a child with a disability as defined in section 15‑761.

6. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.

7. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.

8. "Competency" means a demonstrated ability in a skill at a specified performance level.

9. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools.

10. "Course of study" means a list of required and optional subjects to be taught in the schools.

11. "Dual enrollment course" means a ~~college level~~ college-level course that is conducted on the campus of a high school or on the campus of a joint technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.

12. "Elementary grades" means kindergarten programs and grades one through eight.

13. "Fiscal year" means the year beginning July 1 and ending June 30.

14. "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school.

15. "Lease" means an agreement for conveyance and possession of real or personal property.

16. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes.

17. "NONTEST" MEANS NOT RELATING TO KNOWLEDGE OR SKILLS IN READING, WRITING, MATHEMATICS, SOCIAL STUDIES OR SCIENCE.

~~17.~~ 18. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.

~~18.~~ 19. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.

~~19.~~ 20. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.

~~20.~~ 21. "Private school" means a nonpublic institution where instruction is imparted.

~~21.~~ 22. "School" or "public school" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve.

~~22.~~ 23. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.

~~23.~~ 24. "Secondary grades" means grades nine through twelve.

~~24.~~ 25. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long‑term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.

~~25.~~ 26. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra. END_STATUTE

Sec. 2. Title 15, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 15-117, to read:

START_STATUTE15-117. Surveys; assessments; pupil information; parental permission and informed consent; exceptions; notice; penalties; definitions

A. Notwithstanding any other law, each school district, school and charter school shall provide written notice to and obtain written informed consent from the parent before administering to any pupil any survey that becomes a part of the pupil's permanent education record and that solicits Personal information about the pupil, the pupil's family or the pupil's household, including surveys regarding any of the following:

1. Critical appraisals of another person with whom a pupil has a close relationship.

2. Gun or ammunition ownership.

3. Illegal, antisocial, self-incriminating or demeaning behavior.

4. Income or other financial information.

5. Legally recognized privileged or analogous relationships, such as relationships with a lawyer, physician or member of the clergy.

6. Medical history or medical information.

7. Mental health history or mental health information.

8. Political affiliations, opinions or beliefs.

9. Pupil biometric information.

10. The quality of home interpersonal relationships.

11. Religious practices, affiliations or beliefs.

12. Self-sufficiency.

13. Sexual behavior or attitudes.

14. Voting history.

b. notwithstandng any other law:

1. the parent's written informed consent pursuant to this section is limited to the specific survey referenced in the official written notice from the school district, school or charter school and does not extend to any subsequent survey pursuant to subsection a of this section.

2. for any pupil who is at least eighteen years of age, the permission or consent that would otherwise be required from the pupil's parent pursuant to this section is required only from the pupil.

3. this section does not allow school districts, charter schools, schools, teachers or other school employees to survey pupils or collect any pupil data relating to matters addressed by subsection a of this section without written informed consent from the parent.

4. All surveys conducted pursuant to subsection A of this section shall be approved and authorized by the school district, school or charter school. The school district, school or charter school is liable for any violation of this section and is subject to the penalties prescribed in subsection L of this section. A person who is injured by a violation of this paragraph may commence a civil action in superior court.

5. A teacher or other school employee may not administer any survey pursuant to subsection A of this section without written authorization from the school district, school or charter school.

C. This section applies to all surveys conducted pursuant to subsection A of this section:

1. Regardless of the stated purpose of the survey.

2. Regardless of the quantity or percentage of questions that solicit data pursuant to subsection A of this section.

3. Including written, digital or verbal surveys or any other method of survey or data collection.

4. Including national, state or multistate assessments or surveys.

D. This section does not apply to:

1. Mental health screening pursuant to section 15-104 or the identification of or programming for children with disabilities or gifted pupils.

2. Class instruction, discussion or assignments on subjects within the purview of the course, if written or spoken statements by a pupil do not become a part of the pupil's educational record.

3. Private schools.

E. Notwithstanding any other law, a penalty may not be imposed on a pupil or the parent of a pupil who does not participate in any survey conducted pursuant to subsection A of this section. Participation in any survey pursuant to subsection A of this section is not required:

1. To demonstrate that a pupil has met competency requirements for any grade level, course or subject.

2. For a pupil to qualify for placement into any grade level, course or subject, including college or university placement tests.

3. For a pupil to be promoted to the next grade.

4. For a pupil to receive credit for any course or as part of a letter grade for any course.

5. For a pupil to graduate from high school.

6. For a pupil to obtain a high school equivalency diploma.

7. For a pupil to participate in any course, program or activity offered to pupils who participate in the survey pursuant to subsection A of this section.

F. A parent may elect in writing in the manner prescribed in this section for that pupil to participate in surveys conducted pursuant to subsection A of this section. A parent is not required to respond to a written notice provided by a school district, school or charter school pursuant to this section. If a parent does not respond to a written notice transmitted by a school district, school or charter school pursuant to this section, the parent is deemed not to consent for that pupil to participate in the survey pursuant to subsection A of this section.

G. A school district, school or charter school shall provide an alternative educational activity for any pupil whose parent does not consent for that pupil to participate in a survey conducted pursuant to subsection A of this section.

H. Notwithstanding any other law, Any pupil whose parent does not give written informed consent for that pupil to participate in any survey pursuant to subsection A of this section and who attends the alternative educational activity pursuant to this section shall be counted toward daily attendance and average daily membership for the school pursuant to section 15-901 and may not be counted absent from school.

I. Notwithstanding any other law, responses to any survey pursuant to subsection A of this section may not be included:

1. As part of a school academic performance indicator pursuant to section 15-241, or as part of any other similar school rating system.

2. In the education learning and accountability system pursuant to section 15-249, or in any other similar system.

3. In the student accountability information system pursuant to section 15-756.10 or 15-1041, or in any other similar system.

4. In any school, administrator or teacher rating system.

J. A penalty may not be imposed on and a reward may not be granted to a teacher, administrator, other school employee, school district, school or charter school based on the pupil participation rate in any survey conducted pursuant to subsection A of this section.

K. Any written notice provided by a school district, school or charter school pursuant to this section shall be printed in twelve‑point or larger font and:

1. Shall include:

(a) the name of the school district, school or charter school that approved the survey.

(b) The name of the survey.

(d) The method or methods of collecting data for the survey conducted pursuant to subsection A of this section. If a computer is used to administer or record the data, the notice shall include a statement of whether the data collected will be transmitted electronically from the computer or the location where the survey is administered.

(e) The approximate number of hours that the pupil will be administered the survey.

(f) The type of data to be collected pursuant to subsection A of this section.

(g) The reasons for collection of the data.

(h) A statement indicating that the parent's written informed consent pursuant to this section is limited to the specific survey referenced in that specific written notice and does not extend to any subsequent survey.

2. Shall require, on the right side of the paper, the parent's initials to affirmatively acknowledge each of the following:

(a) That participation in the survey is voluntary and that written parental consent is required before the pupil participates in the survey.

(b) That pupils who do not participate in the survey shall be provided an alternative educational activity during the time the survey is administered.

(d) Whether the pupil's personally identifiable data collected by the survey will be anonymous, aggregated and de‑identified.

(e) The names of the federal and state agencies, institutions and third parties that will have access to the data collected by the survey, whether these parties will keep this data private or share this data with other parties and whether these parties will destroy this data when the pupil is no longer serviced by the school district, school or charter school or when the pupil reaches eighteen years of age.

3. Shall require and clearly provide space for:

(a) The pupil's name and the parent's name.

(b) The parent's signature and the date of the signature.

4. Is not valid without all of the information required by this subsection.

5. Shall be retained in physical or electronic form by the school district or charter school for two years after the date of the survey.

L. Notwithstanding any other law:

1. Any school district, charter school or school that fails to comply with any requirement imposed under this section with respect to any individual shall be liable for damages to the injured party in the amount determined under paragraph 2 of this subsection.

2. For an individual action, the sum awarded for liability under paragraph 1 of this subsection shall be:

(a) In the case of a first violation, an amount of at least two hundred fifty dollars plus the costs of the action and reasonable attorney fees.

(b) In the case of a second violation involving the same pupil, an amount of at least five hundred dollars plus the costs of the action and reasonable attorney fees.

(c) In the case of a third or any subsequent violation involving the same pupil, an amount of at least one thousand dollars plus the costs of the action and reasonable attorney fees.

3. The court or the jury may award punitive damages in addition to those set forth in paragraph 2 of this subsection.

4. For the purposes of this subsection, each violation of this section shall be considered a separate violation if it involves a different survey pursuant to subsection A of this section or if the violation involves a different version of or administration of the same survey pursuant to subsection A of this section.

5. The injured party or parties may commence a civil action in superior court pursuant to this section or the party or parties may request the attorney general to commence a civil action on their behalf pursuant to this section. on request from the injured party or parties, the attorney general shall respond within thirty days. If the attorney general denies the request for civil action, the injured party or parties may proceed with a civil action.

6. The proceeds from any monetary award under this subsection shall be paid to the injured party or parties.

7. In the case of an admission of guilt or a settlement before a formal conviction of a first or second violation, damages shall be assessed and paid pursuant to this subsection.

8. Any school district, charter school or school that fails to comply with any requirement of this section with respect to any individual shall have the opportunity to cure the failure to comply within a reasonable period of time and without penalty.

M. For the purposes of this section:

1. "Aggregated" means reported for the population as a whole.

2. "Competency requirements" means the minimum standards of knowledge and skills that must be demonstrated by a pupil to advance to the next level, achieve credit for a certain course or subject or graduate from a program of study.

3. "Parent" has the same meaning prescribed in section 15‑101, except that Parent does not mean this state if the pupil is a ward of the state.

4. "Permanent educational record" means information that is kept about a student in a physical or digital format after the end of the schoolyear and that may be in the possession of the pupil's school, charter school or school district, an elected or appointed government official, a government agency or any third‑party. Permanent education record does not include an assignment in the possession of a teacher while it is being graded.

5. "Survey" means:

(a) when used as a noun, an instrument that investigates the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.

(b) when used as a verb, to investigate the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.END_STATUTE

Sec. 3. Section 15-249, Arizona Revised Statutes, is amended to read:

START_STATUTE15-249. Department of education; education learning and accountability system; reports; reviews

A. Subject to the appropriation of state monies, or the receipt of federal monies, private donations or grants from any lawful public or private source for this purpose, the department of education, in coordination with the data governance commission established by section 15‑249.01, shall develop and implement the education learning and accountability system to collect, compile, maintain and report student level data for students attending public educational institutions that provide instruction to pupils in preschool programs, kindergarten programs, grades one through twelve and postsecondary educational programs in this state.

B. The education learning and accountability system shall:

1. Maintain longitudinal, student level data, including student demographic, grade level, assessment, teacher assignment and other data required to meet state and federal reporting requirements.

2. Incorporate the student accountability information system prescribed in chapter 9, article 8 of this title.

3. Be accessible through commonly used internet web browsers to carry out the data collection, compilation and reporting duties prescribed in this title.

C. STUDENT LEVEL NONTEST DATA IS PROHIBITED FROM INCLUSION IN LONGITUDINAL, STUDENT LEVEL DATA UNLESS APPROVED IN A PUBLIC MEETING OF THE STATE BOARD OF EDUCATION AND LINKED ON THE STATE BOARD's HOME PAGE PURSUANT TO section 15-741, subsection A, paragraph 7.

C. D. The department of education may contract with a third party to carry out the purposes of this section. ANY CONTRACT under this subsection SHALL STATE THE DATE THAT THE DATA IS TO BE RETURNED TO THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD-PARTY CONTRACTOR. THE THIRD-PARTY CONTRACTOR may not share or sell STUDENT DATA or use STUDENT DATA IN ANY WAY that is NOT STATED IN THE CONTRACT WITH THE DEPARTMENT. THE THIRD‑PARTY CONTRACTOR SHALL CERTIFY UNDER OATH THAT THE PUPIL DATA COLLECTED UNDER THE CONTRACT HAS BEEN DESTROYED PURSUANT TO THE CONTRACT. THE THIRD‑PARTY CONTRACTOR IS LIABLE FOR ANY VIOLATION OF THIS SUBSECTION.

D. E. The department of education, in coordination with the data governance commission, shall develop a detailed plan to develop and implement the education learning and accountability system.

E. F. The department of education shall present the plan developed pursuant to subsection D E of this section to the state board of education for review and approval. The department of education shall continue to provide quarterly reports to the state board of education, or on request, for review and approval of the state board of education, on the development and implementation of the education learning and accountability system. All reports provided shall include progress and expenditures to date, timelines and cost estimates for completion.

F. G. Any contract awarded pursuant to subsection C D of this section shall allow the superintendent of public instruction to renew the contracts for two subsequent periods of not more than three years each and shall prescribe the circumstances under which the superintendent of public instruction may terminate the contracts. The contracts shall allow this state to cancel any contract at any time after the first year of operation, without penalty to this state, on ninety days' written notice and shall require the contractor to be in compliance at all times with state and federal law.

G. H. Any contract awarded pursuant to subsection C D of this section may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the contract's effective date. Any adjustment made pursuant to the terms of the contract must be applied to the total payments made to the contractor for the previous contract year and shall not exceed the percentage change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year. Any price or cost adjustments that are different than those authorized in this subsection may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.

H. I. The superintendent of public instruction shall not award a contract pursuant to this section unless:

1. The superintendent of public instruction receives an acceptable proposal pursuant to any request for proposals. For the purposes of this paragraph, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions prescribed in this section and in the request for proposals.

2. The proposal offers a level and quality of services that equal or exceed the services that would be provided by this state.

3. The contractor provides audited financial statements for the previous five years, or for each year that the contractor has been in operation if fewer than five years, and provides other financial information as requested.

I. J. The sovereign immunity of this state does not apply to any contractor who is a party to any contract pursuant to this section. The contractor or any agent of the contractor may not plead the defense of sovereign immunity in any action arising out of the performance of the contract.

J. K. The terms of any contract pursuant to this section are subject to review by the joint legislative budget committee before placement of any advertisement that solicits a response to a request for proposals. Any proposed modification or amendment to the contract is subject to prior review by the joint legislative budget committee.

K. L. During the first year of operation under a contract executed pursuant to this section, the contracting entity shall submit monthly reports to the department of education as prescribed by the department. After the first year of operation under the contract, the contracting entity shall submit quarterly reports to the department as prescribed by the department.

L. M. At the end of the second year of a contract executed pursuant to this section, an independent evaluator selected by the superintendent of public instruction shall conduct and complete a performance review to determine if the contracting entity has met the goals specified in the contract. The independent evaluator shall submit a report of the independent evaluator's findings to the governor, the president of the senate and the speaker of the house of representatives on or before May 1, and shall provide a copy of this report to the secretary of state. END_STATUTE

Sec. 4. Section 15-741, Arizona Revised Statutes, is amended to read:

START_STATUTE15-741. Assessment of pupils

A. The state board of education shall:

1. Adopt rules for purposes of this article pursuant to title 41, chapter 6.

2. Adopt and implement an Arizona instrument to measure standards test to measure pupil achievement of the state board adopted academic standards in reading, writing and mathematics in at least four grades designated by the board. The board shall determine the manner of implementation. The board may administer assessments of the academic standards in social studies and science, except that a pupil shall not be required to meet or exceed the social studies or science standards measured by the Arizona instrument to measure standards test.

3. Ensure that the tests prescribed in this section are uniform throughout the state.

4. Ensure that the tests prescribed in this section are able to be scored in an objective manner and that the tests are not intended to advocate any sectarian, partisan or denominational viewpoint.

5. ENSURE THAT THE TESTS PRESCRIBED IN THIS ARTICLE COLLECT only types of PUPIL NONTEST DATA THAT ARE APPROVED BY THE STATE BOARD OF EDUCATION AT A PUBLIC MEETING AND PUBLISHED ON THE WEBSITE OF THE STATE BOARD OF EDUCATION PURSUANT TO PARAGRAPH 7 OF THIS SUBSECTION.

5. 6. Include within its budget all costs pertaining to the tests prescribed in this article. If sufficient monies are appropriated, the state board may provide achievement test services to school districts that request assistance in testing pupils in grades additional to those required by this section.

6. 7. Survey teachers, principals and superintendents on achievement related nontest indicators, including information on graduation rates by ethnicity and dropout rates by ethnicity for each grade level. Before the survey, the state board of education shall approve at a public meeting the nontest indicators on which data will be collected AND SHALL PoSt IN A PROMINENT POSITION ON THE HOME PAGE OF the state board's WEBSITE A LINK TO THE NONTEST INDICATORS ENTITLED "WHAT NONACADEMIC DATA DOES THE STATE OF ARIZONA COLLECT ABOUT ARIZONA PUPILS?". THE LINKED WEB PAGE SHALL STATE THE TYPES OF DATA COLLECTED, THE REASONS FOR THE COLLECTION OF THE DATA AND the ENTITIES with which the DATA IS SHARED. In conducting the survey and collecting data, the state board of education shall not violate the provisions of the family educational rights and privacy act (P.L. 93‑380), as amended, nor disclose personally identifiable information.

7. 8. Establish a fair and consistent method and standard by which test scores from schools in a district may be evaluated taking into consideration demographic data. The board shall establish intervention strategies to assist schools with scores below the acceptable standard. The board shall annually review district and school scores and shall offer assistance to school districts in analyzing data and implementing intervention strategies. The board shall use the adopted test and methods of data evaluation for a period of at least ten years.

8. 9. Participate in other assessments that provide national comparisons as needed.

B. The achievement tests adopted by the state board as provided in subsection A of this section shall be given at least annually. Nontest indicator data and other information shall be collected at the same time as the collection of achievement test data.

C. Local school district governing boards shall:

1. Administer the tests prescribed in subsection A of this section.

2. Survey teachers, principals and superintendents on achievement related nontest indicator data as required by the state board, including information related to district graduation and dropout rates. In conducting the survey and collecting data, the governing board shall not violate the provisions of the family educational rights and privacy act (P.L. 93‑380), as amended, nor disclose personally identifiable information.

D. Any additional assessments for high school pupils that are adopted by the state board of education after November 24, 2009 shall be designed to measure college and career readiness of pupils.

E. A test for penmanship shall not be required pursuant to this article. END_STATUTE

Sec. 5. Title 15, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 15-744, to read:

START_STATUTE15-744. Third-party assessment contracts; requirements; penalties

A. NOTWITHSTANDING ANY OTHER LAW:

1. A THIRD-PARTY ASSESSMENT CONTRACTOR ASSUMES ALL RESPONSIBILITY FOR ANY VIOLATION OF STATE, FEDERAL OR LOCAL LAW, whether the violation was INTENTIONAL OR UNINTENTIONAL or was ASSOCIATED WITH THE USE OF ANY ASSESSMENT INSTRUMENT OFFERED by the THIRD party.

2. ANY CONTRACT ENTERED INTO BETWEEN THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND ANY THIRD-PARTY ASSESSMENT CONTRACTOR SHALL specify:

(a) THE TYPES OF PUPIL LEVEL NONTEST DATA THE THIRD-PARTY ASSESSMENT CONTRACTOR wiLL COLLECT.

(b) THE DATE THAT ALL PUPIL LEVEL DATA wiLL BE DELIVERED TO THE staTE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD‑PARTY ASSESSMENT CONTRACTOR. THIS DATE SHALL BE WITHIN one hundred eighty days aFter THE COLLECTION OF THE DATA.

3. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT CONTRACTS WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION, or both, IS PROHIBITED FROM:

(a) SOLICITING OR COLLECTING PUPIL NONTEST DATA UNLESS THAT DATA IS APPROVED IN A PUBLIC MEETING OF THE STATE BOARD OF EDUCATION AND LINKED ON the state board's HOME PAGE PURSUANT TO section 15-741, subsection A, paragraph 7.

(b) USING PUPIL DATA FOR RESEARCH OR ANY OTHER PURPOSE NOT STATED IN THE CONTRACT WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION DURING THE TIME THE THIRD-PARTY ASSESSMENT CONTRACTOR POSSESSES THE DATA.

(d) KEEPING OR STORING ANY PUPIL DATA after THE CONTRACTUAL DATE THE DATA IS TO BE RETURNED TO THE state BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION AND DESTROYED BY THE THIRD-PARTY ASSESSMENT CONTRACTOR.

4. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT CONTRACTS WITH THE STATE BOARD OF EDUCATION OR THE DEPARTMENT OF EDUCATION, or both, SHALL CERTIFY UNDER OATH THAT THE PUPIL DATA COLLECTED UNDER THE CONTRACT HAS BEEN DESTROYED PURSUANT TO THE CONTRACT.

5. THE THIRD-PARTY ASSESSMENT CONTRACTOR IS LIABLE FOR ANY VIOLATION OF THIS SUBSECTION AND IS SUBJECT TO THE PENALTIES PRESCRIBED IN SUBSECTION B OF THIS SECTION. A PERSON WHO IS INJURED BY A VIOLATION OF THIS SECTION MAY COMMENCE A CIVIL ACTION IN SUPERIOR COURT.

B. NOTWITHSTANDING ANY OTHER LAW:

1. ANY THIRD-PARTY ASSESSMENT CONTRACTOR THAT FAILS TO COMPLY WITH ANY REQUIREMENT of THIS SECTION WITH RESPECT TO ANY INDIVIDUAL SHALL BE LIABLE FOR DAMAGES TO THE INJURED PARTY IN THE AMOUNT DETERMINED UNDER PARAGRAPH 2 OF THIS SUBSECTION.

2. FOR AN INDIVIDUAL ACTION, THE SUM AWARDED FOR LIABILITY UNDER PARAGRAPH 1 OF THIS SUBSECTION SHALL BE:

(a) IN THE CASE OF A FIRST VIOLATION, AN AMOUNT OF AT LEAST TWO HUNDRED FIFTY DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.

(b) IN THE CASE OF A SECOND VIOLATION INVOLVING THE SAME PUPIL, AN AMOUNT OF AT LEAST FIVE HUNDRED DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.

(c) IN THE CASE OF A THIRD OR ANY SUBSEQUENT VIOLATION INVOLVING THE SAME PUPIL, AN AMOUNT OF AT LEAST ONE THOUSAND DOLLARS PLUS THE COSTS OF THE ACTION AND REASONABLE ATTORNEY FEES.

3. THE COURT OR THE JURY MAY AWARD PUNITIVE DAMAGES IN ADDITION TO THOSE SET FORTH IN PARAGRAPH 2 OF THIS SUBSECTION.

4. FOR THE PURPOSES OF THIS SUBSECTION, EACH VIOLATION OF THIS SECTION SHALL BE CONSIDERED A SEPARATE VIOLATION IF The violation INVOLVES A DIFFERENT CONTRACT OR ADMINISTRATION OF AN ASSESSMENT.

5. THE INJURED PARTY OR PARTIES MAY COMMENCE A CIVIL ACTION IN SUPERIOR COURT PURSUANT TO THIS SECTION OR THE PARTY OR PARTIES MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE A CIVIL ACTION ON THEIR BEHALF PURSUANT TO THIS SECTION. ON REQUEST FROM THE INJURED PARTY OR PARTIES, THE ATTORNEY GENERAL SHALL RESPOND to the request WITHIN THIRTY DAYS. IF THE ATTORNEY GENERAL DENIES THE REQUEST FOR CIVIL ACTION, THE INJURED PARTY OR PARTIES MAY PROCEED WITH A CIVIL ACTION.

6. THE PROCEEDS FROM ANY MONETARY AWARD UNDER THIS SUBSECTION SHALL BE PAID TO THE INJURED PARTY OR PARTIES.

7. IN THE CASE OF AN ADMISSION OF GUILT OR A SETTLEMENT BEFORE A FORMAL CONVICTION OF A FIRST OR SECOND VIOLATION, DAMAGES SHALL BE ASSESSED AND PAID PURSUANT TO THIS SUBSECTION. END_STATUTE