Amendment ASA1-AB618

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 618

February 10, 2014 - Offered by Representative Pridemore.

AB618-ASA1,1,5 An Act to renumber and amend 118.125 (2) (d); to amend 118.125 (2) (a); and to create 115.28 (61), 115.297 (7), 115.298, 118.125 (2) (d) 1. and 118.125 (2r) of the statutes; relating to: pupil data, the disclosure of pupil records, granting rule-making authority, and providing an exemption from rule-making procedures.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB618-ASA1,1 Section 1. 115.28 (61) of the statutes is created to read:

AB618-ASA1,1,8 115.28 (61) Individual pupil data. (a) Ensure that the department does not provide individual pupil data to a federal agency.

AB618-ASA1,2 Section 2. 115.297 (7) of the statutes is created to read:

AB618-ASA1,1,12 115.297 (7) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this section, including an action to restrain by temporary or permanent injunction any violation of this section.

AB618-ASA1,3 Section 3. 115.298 of the statutes is created to read:

AB618-ASA1,2,3 115.298 Pupil data. (1) In this section, "student information system" means the student information system under s. 115.28 (12).

AB618-ASA1,2,6 (2) The department shall post on its Internet site a comprehensive list of every distinct type of individual pupil data that the department collects or may collect, including all of the following:

AB618-ASA1,2,8 (a) Individual pupil data required by state or federal law to be reported to the department.

AB618-ASA1,2,9 (b) Individual pupil data included in the student information system.

AB618-ASA1,2,12 (c) Individual pupil data that has been proposed to be included in the student information system, including a statement regarding the reason for the proposed inclusion.

AB618-ASA1,2,16 (3) Annually by January 15, the department shall notify the governor, and the appropriate standing committees of the legislature under s. 13.172 (3), of any individual data that is proposed to be included in the student information system since the last report under this subsection.

AB618-ASA1,3,2 (4) The department shall promulgate a rule listing every distinct type of individual pupil data that the department collects and revise the rule periodically to keep it up to date. Revisions to the rule that are necessary in order to comply with federal law shall be promulgated as emergency rules under s. 227.24 for the period before the effective date of the permanent rules, but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating the rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for the rule.

AB618-ASA1,3,4 (5) The department shall develop a detailed data security plan that includes all of the following:

AB618-ASA1,3,6 (a) Guidelines for authorizing access to the student information system and to individual pupil data, including guidelines for authenticating authorized access.

AB618-ASA1,3,7 (b) Privacy compliance standards.

AB618-ASA1,3,8 (c) Privacy and security audits.

AB618-ASA1,3,9 (d) Breach planning, notification, and procedures.

AB618-ASA1,3,10 (e) Data retention and disposition policies.

AB618-ASA1,3,12 (f) Date security policies, including electronic, physical, and administrative safeguards, such as data encryption and employee training.

AB618-ASA1,3,17 (6) The department shall ensure that any contract with a private vender that governs databases, assessments, or instructional supports and that includes pupil data or pupil data that has been redacted to remove pupil and parent identifying information, includes provisions to safeguard the privacy and security of the data and includes penalties for noncompliance with the provisions.

AB618-ASA1,4 Section 4. 118.125 (2) (a) of the statutes is amended to read:

AB618-ASA1,3,21 118.125 (2) (a) A pupil, or the parent or guardian of a minor pupil, shall, upon request, be shown and provided with a copy of the pupil's progress pupil records other than the pupil's behavioral records.

AB618-ASA1,5 Section 5. 118.125 (2) (d) of the statutes is renumbered 118.125 (2) (d) 2. and amended to read:

AB618-ASA1,4,13 118.125 (2) (d) 2. Pupil records shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, law enforcement officers who are individually designated by the school board and assigned to the school district, and other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1) (c) 3. shall be made available as provided in s. 118.127. A school board member or an employee of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph subdivision unless the member or employee acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph subdivision unless the school district or its agent acted with gross negligence or with reckless, wanton, or intentional misconduct in failing to disclose the information.

AB618-ASA1,6 Section 6. 118.125 (2) (d) 1. of the statutes is created to read:

AB618-ASA1,4,18 118.125 (2) (d) 1. In this paragraph, "school district official" includes a contractor, consultant, volunteer, or any other person to whom the school board has outsourced school services or functions if the contractor, consultant, volunteer, or other person satisfies the following conditions:

AB618-ASA1,4,20 a. He or she performs a service or function for which the school board would otherwise use school district employees.

AB618-ASA1,4,22 b. He or she is under the direct control of the school board with respect to the use and maintenance of pupil records.

AB618-ASA1,4,25 c. He or she is subject to the requirements governing the use and redisclosure of personally identifiable information from pupil records under this section and under federal law.

AB618-ASA1,7 Section 7. 118.125 (2r) of the statutes is created to read:

AB618-ASA1,5,7 118.125 (2r) Use and redisclosure of personally identifiable information. (a) Notwithstanding sub. (2) (a) to (p), a school board may not disclose personally identifiable information, as defined in 34 CFR 99.3, from pupil records unless the person to whom the disclosure is being made agrees not to disclose the information to any other person without first obtaining the consent of the pupil, or the parent or guardian of a minor pupil.

AB618-ASA1,5,10 (b) A person who receives personally identifiable information, as defined in 34 CFR 99.3, under sub. (2) may use the information only for the purposes for which the disclosure is made under sub. (2).

AB618-ASA1,8 Section 8. Nonstatutory provisions.

AB618-ASA1,5,15 (1) Student information system. Notwithstanding section 115.298 (3) of the statutes, as created by this act, the report required to be submitted by January 15, 2015, shall include any pupil data proposed to be included in the student information system since January 1, 2014.

AB618-ASA1,5,16 (End)