LA Rev Stat § 17:3914 (2021)
2021 Louisiana Laws|Revised Statutes|Title 17 - Education|§3914. Student information; privacy; legislative intent; definitions; prohibitions; parental access; penalties

RS 3914 - Student information; privacy; legislative intent; definitions; prohibitions; parental access; penalties  A. The legislature hereby declares that all personally identifiable information is protected as a right to privacy under the Constitution of Louisiana and the Constitution of the United States.  B.(1) For purposes of this Section, "personally identifiable information" is defined as information about an individual that can be used on its own or with other information to identify, contact, or locate a single individual, including but not limited to the following:  (a) Any information that can be used to distinguish or trace an individual's identity such as full name, social security number, date and place of birth, mother's maiden name, or biometric records.  (b) Any other information that is linked or linkable to an individual such as medical, educational, financial, and employment information.  (c) Two or more pieces of information that separately or when linked together can be used to reasonably ascertain the identity of the person.  (2) For purposes of this Section, "aggregate data" are statistics and other information that relate to broad classes, groups, or categories from which it is not possible to distinguish the identities of individuals.  (3) For purposes of this Section, "parent or legal guardian" shall mean a student's parent, legal guardian, or other person or entity responsible for the student.  C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:  (a) Political affiliations or beliefs of the student or the student's parent.  (b) Mental or psychological problems of the student or the student's family.  (c) Sexual behavior or attitudes.  (d) Illegal, anti-social, self-incriminating, or demeaning behavior.  (e) Critical appraisals of other individuals with whom a student has a close family relationship.  (f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.  (g) Religious practices, affiliations, or beliefs of the student or the student's parent.  (h) Family income.  (i) Biometric information.  (j) Social security number.  (k) Gun ownership.  (l) Home Internet Protocol Address.  (m) External digital identity.  (2) No official or employee of a city, parish, or other local public school system shall provide personally identifiable student information to any member of the school board or to any other person or public or private entity, except such an official or employee may, in accordance with applicable state and federal law:  (a) Provide a student's identification number as provided in Paragraph (3) of this Subsection and aggregate data to the local school board, the state Department of Education, or the State Board of Elementary and Secondary Education solely for the purpose of satisfying state and federal reporting requirements.  (b)(i) Provide to the state Department of Education, for the purpose of satisfying state and federal assessment, auditing, funding, monitoring, program administration, and state accountability requirements, information from which enough personally identifiable information has been removed such that the remaining information does not identify a student and there is no basis to believe that the information alone can be used to identify a student. No official or employee of the state Department of Education shall share such information with any person or public or private entity located outside of Louisiana, other than for purposes of academic analysis of assessments or for purposes of research as authorized in Item (ii) of this Subparagraph.  (ii) An official or employee of the state Department of Education may share such information with a person who is an employee of, and conducting academic research at, any postsecondary education institution accredited by a regional or national accrediting organization recognized by the United States Department of Education, provided the person and the department have entered into a memorandum of understanding in which the person agrees to be liable for any criminal and civil penalties imposed as provided in Subsection G of this Section for any violation of the provisions of this Section.  (c) Provide personally identifiable information regarding a particular student to any person or public or private entity if the sharing of the particular information with the particular recipient of the information has been authorized in writing by the parent or legal guardian of the student, or by a student who has reached the age of legal majority, or if the information is provided to a person authorized by the state, including the legislative auditor, to audit processes including student enrollment counts. Any recipient of such information shall maintain the confidentiality of such information. Any person who knowingly and willingly fails to maintain the confidentiality of such information shall be subject to the penalties provided in Subsection G of this Section.  (d) Provide for the transfer of student information pursuant to the provisions of R.S. 17:112.  (e) Provide student information for a school year prior to the 2015-2016 school year for the purpose of completing or correcting required submissions to the state Department of Education or responding to financial audits.  (3) By not later than May 1, 2015, the state Department of Education shall develop a system of unique student identification numbers. By not later than August 1, 2015, each local public school board shall assign such a number to every student enrolled in a public elementary or secondary school. Student identification numbers shall not include or be based on social security numbers, and a student shall retain his student identification number for his tenure in Louisiana public elementary and secondary schools.  D.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, no person or public or private entity shall access a public school computer system on which student information is stored. No official or employee of a public school system shall authorize access to such a computer system to any person or public or private entity except as authorized by Paragraphs (2) and (3) of this Subsection.  (2) The following persons may access a public school computer system on which student information for students at a particular school is stored:  (a) A student who has reached the age of eighteen or is judicially emancipated or emancipated by marriage and the parent or legal guardian of a student who is under the age of eighteen and not emancipated. For a student who has reached the age of eighteen or is emancipated, such access is limited to information about the student. For the parent or legal guardian of a student who has not reached the age of eighteen and is not emancipated, such access shall be limited to information about the student. A student who has reached the age of eighteen or is emancipated and the parent or legal guardian of a student who has not reached the age of eighteen and is not emancipated may authorize, in writing, another person to access such information.  (b) A teacher of record. Such access shall be limited to information about his current students.  (c) The school principal and school registrar.  (d) A school system employee employed at the school and designated by the principal. Such access shall be limited to student information necessary to perform his duties.  (e) A person authorized by the superintendent to maintain or repair the computer system or to provide services that the school system would otherwise provide.  (f) A person authorized by the state to audit student records.  (3) The following persons may access a computer system of a city, parish, or other local public school system on which student information for students from throughout the system is stored:  (a) The superintendent of the school system.  (b) A school system employee designated by the superintendent. Such access shall be limited to student information necessary to perform his duties.  (c) A person authorized by the superintendent to maintain or repair the computer system or to provide services that the school system would otherwise provide.  (d) A person authorized by the state to audit student records.  (4) Any person who is authorized by this Subsection to access a public school computer system, except a parent or legal guardian, shall maintain the confidentiality of any student information to which he has access. Failure to maintain the confidentiality of such information is punishable as provided in Subsection G of this Section.  E.(1) No person who has access to student information shall convert the student information as specified in Subparagraph (C)(2)(b) of this Section such that the remaining information can be used to identify a student.  (2) The State Board of Elementary and Secondary Education and the state Department of Education shall not require a city, parish, or other local public school system to limit a student's learning opportunity or opportunities to explore any occupation based upon predictive modeling.  F.(1) A city, parish, or other local public school board may contract with a public or private entity for student and other education services, and pursuant to such contract, student information, including personally identifiable information and cumulative records, may be transferred to computers operated and maintained by the entity for such purpose.  (2) No contractor pursuant to this Subsection shall allow access to, release, or allow the release of student information to any person or entity except as specified in the contract. No contractor shall use student information to conduct predictive modeling for the purpose of limiting the educational opportunities of students.  (3) A contract pursuant to this Subsection shall include requirements regarding the protection of student information which at a minimum include provision for all of the following:  (a) Guidelines for authorizing access to computer systems on which student information is stored including guidelines for authentication of authorized access.  (b) Privacy compliance standards.  (c) Privacy and security audits performed under the direction of the local school superintendent.  (d) Breach planning, notification, and remediation procedures.  (e) Information storage, retention, and disposition policies.  (f) Disposal of all information from the servers of the contractor upon termination of the contract, unless otherwise directed by an applicable legal requirement or otherwise specified in the contract and subject to the privacy protection provisions of this Part. Upon termination of the contract, all information removed from the contractor's servers shall be returned to the city, parish, or other local public school board.  (4) The requirements of Paragraph (3) of this Subsection shall not apply to a contract entered into prior to June 1, 2015, for the acquisition of goods, equipment, or instructional materials purchased in accordance with R.S. 38:2212.1(E), (F), or (N) but shall apply to any extension or renewal of such contract.  (5) Any person who knowingly and willingly violates the provisions of this Subsection shall be fined not more than ten thousand dollars or imprisoned for not more than three years, or both.  G. Except as provided in Paragraph (F)(5) of this Section, a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars.  H. Nothing in this Section shall prohibit a person employed in a public school or other person authorized by the superintendent of the public school or school system from being provided or having access to a student's records in accordance with a policy adopted by the local public school board for such purpose.  I. The provisions of this Part shall apply to each charter school, its governing authority, and any education management organization under contract to operate a charter school.  J.(1) No city, parish, or other local public school system, local or state governmental agency, public or private entity, or any person with access to personally identifiable student information shall sell, transfer, share, or process any student data for use in commercial advertising, or marketing, or any other commercial purpose, unless otherwise stipulated in a contract for services as provided in Subsection (F) of this Section.  (2) The provisions of Paragraph (1) of this Subsection shall not apply to a student's parent or legal guardian, or a student who has reached the legal age of majority.  K.(1) Notwithstanding any provision of this Part to the contrary, the governing authority of each public school, with the permission of a student's parent or legal guardian, shall collect the following personally identifiable information for each student enrolled in grades eight through twelve:  (a) Full name.  (b) Date of birth.  (c) Social security number.  (d) Student transcript data.  (e) Race and ethnicity data.  (2) The governing authority of a public school and the company that the state has contracted with to develop the unique student identifier shall disclose the information collected pursuant to Paragraph (1) of this Subsection, upon request, only to:  (a) A Louisiana postsecondary education institution, to be used solely for the purpose of processing applications for admission and for compliance with state and federal reporting requirements.  (b) The Board of Regents and the office of student financial assistance, as a program under its jurisdiction, to be used for the purpose of processing applications made to the office for state and federal grants and for required grant program reporting; for the purposes of providing reports to each public school governing authority on the postsecondary education remediation needs, retention rates, and graduation rates for each high school under its jurisdiction; and for the purpose of evaluating comparative postsecondary education performance outcomes based on student transcript data in order to develop policies designed to improve student academic achievement.  (3)(a) The governing authority of each public school shall, at the beginning of each school year, provide a form to be signed by the parent or legal guardian of each student in grades eight through twelve enrolled in the school, whereby the student's parent or legal guardian may provide consent or deny consent for the collection and disclosure of the student's information as provided in Paragraphs (1) and (2) of this Subsection.  (b) No data shall be collected pursuant to this Subsection, unless a student's parent or legal guardian provides written consent.  (c) The form shall contain the following:  (i) A statement notifying the student's parent or legal guardian exactly what items of student information will be collected and that disclosure of the student information collected will be restricted to Louisiana postsecondary education institutions to be used for the purposes of processing applications for admission and for compliance with state and federal reporting requirements to the Board of Regents and to the office of student financial assistance, as a program under the board's jurisdiction, to be used for the purposes of processing applications for admission and for state and federal financial aid for required grant program reporting; for providing reports to the school governing authority on the postsecondary education remediation needs, retention rates, and graduation rates for each high school under its jurisdiction; and for evaluating comparative postsecondary education performance outcomes based on student transcript data in order to develop policies designed to improve student academic achievement.  (ii) Notification that the failure to provide written consent for the collection and disclosure of the student's information as provided in this Subsection may result in delays or may prevent successful application for admission to a postsecondary educational institution and for state and federal student financial aid. This statement shall be displayed prominently and shall be printed in bold type.  (d) Consent provided by a student's parent or legal guardian shall continue unless such consent is withdrawn in writing. Annual notification shall be provided to the student's parent or legal guardian as to the right and process used to withdraw consent.  (4) Each Louisiana postsecondary education institution, the Board of Regents, and the Office of Student Financial Assistance shall destroy all data collected for purposes of this Subsection not later than five years after the student graduates, unless otherwise required by state or federal law or regulation.  L.(1) Notwithstanding any provision of this Part to the contrary, a local public school system and the governing authority of a Type 2 charter school that enrolls students who reside within the geographic boundaries of the local school system shall enter into a memorandum of understanding to exchange student information necessary to verify student enrollment and residency status. The local public school system and the charter school governing authority shall keep such information strictly confidential and shall use the information for no other purpose than verifying student enrollment and residency.  (2) A memorandum of understanding entered into pursuant to the provisions of this Subsection shall comply with all applicable state and federal law, including the Family Educational Rights Privacy Act.  (3) Any person who knowingly and willfully fails to maintain the confidentiality of such information shall be subject to the penalties provided in Subsection G of this Section.  NOTE: Subsection M eff. until Dec. 31, 2022. See Acts 2021, No. 366.  M.(1) Notwithstanding any provision of law to the contrary and except as provided in Paragraph (2) of this Subsection, the governing authority of each public or nonpublic school or other entity that participates in a meal program through which students are eligible for the pandemic electronic benefits transfer program or summer electronic benefits transfer program shall share student information with the Department of Children and Family Services for the purpose of facilitating program administration, including but not limited to the automatic issuance of benefits to eligible families. Such information shall be limited to the first name, middle name, last name, address, school site code, student unique identifier, and date of birth of each student eligible for free or reduced price meals at school.  (2) Such a governing authority shall not share a student's information if his parent or legal guardian has chosen not to share information pursuant to the policy of the governing authority.  NOTE: Subsection M as amended by Acts 2021, No. 366, eff. Dec. 31, 2022.  M. Repealed by Acts 2021, No. 366, §2, eff. Dec. 31, 2022.  Acts 2014, No. 837, §1; Acts 2015, No. 228, §1, eff. June 23, 2015; Acts 2015, No. 297, §1; Acts 2016, No. 480, §1, eff. June 13, 2016; Acts 2018, No. 241, §1, eff. May 15, 2018; Acts 2018, No. 691, §1; Acts 2020, 2nd Ex. Sess., No. 49, §1, eff. Nov. 5, 2020, §2, eff. June 10, 2021; Acts 2021, No. 366, §1, eff. June 16, 2021, §2, eff. Dec. 31, 2022; Acts 2021, No. 407, §1.