AB618: Bill Text

LRB-3165/4

PG:cjs:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 618

January 10, 2014 - Introduced by Representatives Pridemore, Thiesfeldt, Knudson, Steineke, Schraa, T. Larson, Loudenbeck, Jacque, Kulp, Craig, Born, Bernier, Tittl, Kleefisch, Czaja, Knodl, Murtha and Ripp, cosponsored by Senators Grothman and Lazich. Referred to Committee on Education.

AB618,1,6 An Act to repeal 115.297 (4) (b) 5.; to renumber and amend 118.125 (2) (d); to amend 115.28 (12) (a) 3., 115.297 (4) (a), 115.297 (4) (b) (intro.), 115.30 (1), 115.30 (2), 118.125 (2) (a), 118.125 (2) (g) 2. and 120.18 (1) (s); and to create 115.28 (61), 115.297 (4) (c), 115.297 (4) (d), 115.297 (7) and 118.125 (2) (d) 1. of the statutes; relating to: the student information system, the disclosure of personally identifiable student data, and the disclosure of pupil records.

Analysis by the Legislative Reference Bureau

1. Current state law requires a school board to disclose a pupil's records to persons employed by the school district that the pupil attends who are required to hold a license issued by the Department of Public Instruction (DPI), 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 in the records.

The federal regulations adopted under the authority of the federal Family Educational Rights and Privacy Act (FERPA) include a similar provision, but also provide that a contractor, consultant, volunteer, or other party to whom a school has outsourced school services or functions may be considered a school official under certain conditions. See 34 CFR 99.31 (a) (1).

This bill explicitly excludes from the term "school district official" in state law a contractor, consultant, volunteer, or any other person to whom a school board has outsourced school services or functions.

2. Current state law requires a school board, upon request, to provide a copy of a pupil's progress records to an adult pupil or the parent or guardian of a minor pupil. Progress records are records that include the pupil's grades, the courses he or she has taken, the pupil's attendance record, the pupil's immunization and lead screening records, and the pupil's extracurricular activities.

This bill requires a school board, upon request, to provide a copy of all of a pupil's records to an adult pupil or the parent or guardian of a minor pupil.

3. Current law directs DPI, the Board of Regents of the University of Wisconsin System, the Department of Children and Families, the Department of Workforce Development, and the Technical College System Board (and the Wisconsin Association of Independent Colleges and Universities, if it wishes to participate) to enter into a written agreement to establish and maintain a longitudinal data system of student data. Any of the specified entities may submit student data to the longitudinal data system, to another of the specified entities or to a public or private research organization to support an evaluation or study of education programs operated or supervised by one or more of the entities in order to improve student academic achievement. A specified entity may disclose personally identifiable student data, however, only if the disclosure is in connection with a data-sharing agreement that:

a. Specifies the purpose, scope, and duration of the data-sharing agreement;

b. Requires the recipient to use personally identifiable student data only for the purpose specified in item a.;

c. Describes the specific data access, use, and security restrictions with which the recipient will comply;

d. Requires that the personally identifiable student data be destroyed or returned when it is no longer needed for the purpose specified or upon expiration of the data-sharing agreement, whichever occurs first; and

e. If the disclosure is to a public or private research organization, prohibits the identification of any person by individuals other then the authorized representatives of the recipient who have legitimate interests in the information.

These provisions mirror those found in the FERPA regulations. See 34 CFR 99.31 (a) (6).

This bill provides that a specified entity may provide personally identifiable student data to a public or private research organization only if the conditions described above are met and the student, if an adult, or the student's parent or guardian, if the student is a minor, consents in writing.

The bill requires a specified entity to maintain a written record of all disclosures of personally identifiable student data made to the longitudinal data system, to another entity, or to a public or private research organization.

The bill also explicitly authorizes the attorney general or any district attorney to enforce the provisions described above.

4. Current law directs DPI to develop a proposal for a multiple-vendor student information system (SIS). DPI must submit the proposal to the Joint Committee on Finance (JCF) for its approval. If JCF approves the proposal, DPI must implement it and must ensure that information about pupils enrolled in charter schools and about pupils enrolled in private schools participating in a parental choice program (PCP) is collected and maintained in the SIS. Current law also provides that if the SIS is established, DPI must ensure that within five years, every school district and every charter school is using the SIS, and that every private school participating in a PCP is either using the SIS or is using a system that is interoperable with the SIS.

This bill prohibits DPI from collecting for the SIS, from public schools, charter schools, or private schools participating in a PCP, any information that is not required to be submitted to DPI on the bill's effective date.

5. The bill directs DPI to annually post on its Internet site a comprehensive list of every distinct type of individual pupil data that it collects and the reason for collecting it.

6. The bill prohibits DPI from providing individual pupil data to an agency of the federal government.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB618,1 Section 1. 115.28 (12) (a) 3. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB618,3,13 115.28 (12) (a) 3. If the proposal is approved under subd. 2., the state superintendent shall ensure that information about pupils enrolled in charter schools and about pupils enrolled in private schools participating in a parental choice program under s. 118.60 or 119.23, including their academic performance and demographic information, aggregated by school district, school, and teacher, is collected and maintained in the student information system. The state superintendent may not collect for the student information system, from public schools, charter schools, or private schools participating in a parental choice program under s. 118.60 or 119.23, any information that is not required to be submitted to the department under chs. 115 to 121 on the effective date of this subdivision .... [LRB inserts date].

AB618,2 Section 2. 115.28 (61) of the statutes is created to read:

AB618,4,4 115.28 (61) Pupil data. Annually, post on the department's Internet site a comprehensive list of every distinct type of individual pupil data that the department collects and the reason for collecting it. The department may not provide individual pupil data to an agency of the federal government.

AB618,3 Section 3. 115.297 (4) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB618,4,10 115.297 (4) (a) Except as provided in par. pars. (b) and (c), any of the agencies may submit student or work force data to the longitudinal data system under sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section.

AB618,4 Section 4. 115.297 (4) (b) (intro.) of the statutes is amended to read:

AB618,4,16 115.297 (4) (b) (intro.) Any of the agencies may disclose personally identifiable student data to the longitudinal data system under sub. (3) (a), or to another agency, or to a public or private research organization, to support an evaluation or study under this section if the disclosure is in connection with a data-sharing agreement that does all of the following:

AB618,5 Section 5. 115.297 (4) (b) 5. of the statutes is repealed.

AB618,6 Section 6. 115.297 (4) (c) of the statutes is created to read:

AB618,4,21 115.297 (4) (c) Any of the agencies may disclose personally identifiable student data to a public or private research organization to support an evaluation or study under this section if all of the following conditions are met:

AB618,4,23 1. The disclosure is in connection with a data-sharing agreement that satisfies the conditions under par. (b).

AB618,5,3 2. The data-sharing agreement under subd. 1. prohibits the personal identification of any person by individuals other than authorized representatives of the recipient who have legitimate interests in the information.

AB618,5,5 3. The student, if an adult, or the student's parent or guardian, if the student is a minor, consents to the disclosure in writing.

AB618,7 Section 7. 115.297 (4) (d) of the statutes is created to read:

AB618,5,8 115.297 (4) (d) An agency shall maintain a written record of all disclosures of personally identifiable student data made under this section.

AB618,8 Section 8. 115.297 (7) of the statutes is created to read:

AB618,5,12 115.297 (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.

AB618,9 Section 9. 115.30 (1) of the statutes is amended to read:

AB618,5,23 115.30 (1) The department shall prepare for the use of school officers suitable forms for making reports, and suitable outlines as aids in conducting school meetings. With the exception of changes due to statute or rule revision, the department shall give school districts a one-year advance notice of any changes to be made to the forms and reports. School Except as provided in s. 115.28 (12) (a) 3., school district officers and employees shall maintain a uniform recording of accounting as prescribed by the department and make such reports to the department as will enable it to distribute state school fund appropriations and state educational appropriations to the schools and persons entitled thereto, and to properly discharge the other duties of the department.

AB618,10 Section 10. 115.30 (2) of the statutes is amended to read: