2015 -- H 5385

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LC001225

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- RHODE ISLAND EDUCATIONAL RECORDS BILL OF

RIGHTS

     

     Introduced By: Representatives Keable, O'Brien, and Amore

     Date Introduced: February 11, 2015

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational

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Records Bill of Rights" is hereby amended by adding thereto the following section:

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     16-71-7. Accessibility of assessment materials. – (a) Any and all materials, information,

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or results of any kind relating to state assessment (including, but not limited to, the NECAP

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reading and mathematics tests) required or administered in accordance with federal or state law,

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or department rules or regulations shall be accessible to parents, legal guardians or eligible

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students as follows:

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     (1) After the assessment results are released by the department, a parent, legal guardian,

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or eligible student shall have the right to inspect and review the student's assessment booklet,

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answer or response sheets, surveys, instructions or directions to the student, and any other

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supplemental materials utilized to administer the assessment. A parent, legal guardian, or eligible

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student shall direct a request for inspection or review to the school district, and the school district

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shall comply with such request within forty-five (45) days of its receipt. The commissioner shall

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adopt rules, pursuant to this chapter, to implement procedures for the review and inspection of

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assessment materials. These rules shall provide parents and legal guardians with no fewer rights

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accorded to them under the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g.

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     (b) No personally identifiable data on students and/or their families' religion, political

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party affiliation, psychometric data, biometric information, juvenile delinquency records, criminal

 

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records, medical records, psychological or dental information, birth dates, social security

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numbers, employment history, income level, and/or voting history shall be collected, tracked,

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housed, stored, reported or shared with the federal government, nor provided to for-profit

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corporations.

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     (c) Parents, legal guardians, and eligible students shall have the right to inspect his or her

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student's records and prevent the transfer or sharing of any or all data contained in such record,

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including student assessment results, other than for the transfer of such student to another school

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outside the district.

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     (d) Districts may elect to grade and score any assessment or survey administered within

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the district, aggregate student performance data, and share only aggregated student data outside

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the district to protect student privacy.

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     (e) Districts shall not release any student data where the privacy of student data cannot be

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guaranteed.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- RHODE ISLAND EDUCATIONAL RECORDS BILL OF

RIGHTS

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     This act would ensure parental access to information, materials or results relating to state

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assessments of students including instructions, answer sheets and assessment booklets. The act

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would also prevent the collection and storage of personally identifiable data and personal data.

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     This act would take effect upon passage.

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