ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: ED DP 5-3-0-0 | 3rd Read 30-0-0-0

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SB 1279: students; data; accessibility

Sponsor: Senator Pace, LD  25

Committee on Education

Overview

Instructs the Arizona Department of Education (ADE) to allow access of student level data to county school superintendents, the State Board of Education (SBE) and the Arizona State Board for Charter Schools (ASBCS) for currently enrolled students. Appropriates monies to ADE for implementation and protection of student level data.

History

Currently, ADE must allow access of student level data to school districts, career technical education districts and charter schools for currently enrolled students (A.R.S. § 15-1043). Any collection, maintenance or disclosure of a student's educational records compiled by ADE in an education database must comply with the Family Educational Rights and Privacy Act (FERPA) (A.R.S. § 15-1045). Student level data may not be updated unless the change is authorized by a school district, career technical education district or charter school.

Student level data refers to all data elements that are compiled and submitted for each Arizona student and that are necessary to complete the statutory requirements of ADE and SBE. These statutory requirements include the calculation of funding for public education, the determination of student academic progress as measured by student testing programs and state and federal reporting requirements. Student level data does not include unauthorized data elements related to student behavior, discipline, criminal history, medical history, religious affiliation, personal physical descriptors or family information (A.R.S. § 15-1042).

FERPA is a federal privacy law that protects the privacy of student education records in schools that receive funding under an applicable program of the U.S. Department of Education. Parents are afforded certain rights under FERPA with respect to their child's education records. These rights are transferred to the student when the student reaches the age of 18 (20 U.S.C. § 1232g).

Provisions

1. Requires ADE to adopt policies and procedures that allow county school superintendents, SBE and ASBCS access to student level data for currently enrolled students. (Sec. 1)

2. Instructs ADE to develop policies and procedures, as prescribed by interagency-data sharing agreements, that:

a) Are to be implemented by county school superintendents, SBE and ASBCS; and

b) Comply with FERPA and other privacy laws and policies, including policies that manage access to personally identifiable information. (Sec. 1)

3. Details that ADE's policies and procedures must:

a) Contain a detailed data security plan that includes:

i. Guidelines for authorizing access to systems housing student level data and individual student data;

ii. Privacy compliance standards;

iii. Privacy and security audits;

iv. Security breach planning, notice and procedures;

v. Data retention and disposition policies, including when and how data will be destroyed;

vi. Guidance for school districts, charter schools and staff regarding data use;

vii. Consequences for security breaches; and

viii. Staff training regarding guidelines.

b) Ensure that written agreements involving the disclosure of student level data:

i. Comply with FERPA conditions regarding exceptions to written parental consent;

ii. Specify the disclosure's purpose, scope and duration and the disclosed information;

iii. Require that personally identifiable information from educational records only be used to meet the disclosure stated in the written agreement;

iv. Prohibit the access of a student's or parent's personally identifiable data by anyone outside the organization;

v. Require the destruction of any personally identifiable information that is no longer needed. (Sec. 1)

c) Ensure that work products from the use of student level data do not conflict with any state and federal reporting; and

d) Provide access to student level data through an online platform within the parameters of federal law. (Sec. 1)

4. Exempts a homeschool student with an affidavit on file from ADE’s policies and procedures regarding student level data access. (Sec. 1)

5. Appropriates $350,000 from the state General Fund (GF) in FY 2022 to ADE for implementation of policies and procedures relating to student level data. (Sec. 2)

6. Appropriates $200,000 from the state GF in FY 2023 and each fiscal year thereafter to ADE to adopt policies and procedures to manage access and protect student level data. (Sec. 1)

7. Requires ADE, beginning January 1, 2022 and annually thereafter, to report to the Joint Legislative Budget Committee on how monies are being used to manage access and protect student level data. (Sec. 1, 2)

8. Makes technical changes. (Sec. 1)

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12.                   SB 1279

13. Initials CH/AN       Page 0 Education

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