2022 -- S 2954 | |
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LC005728 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO EDUCATION -- THE RHODE ISLAND EDUCATIONAL RECORDS BILL | |
OF RIGHTS | |
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Introduced By: Senator Sandra Cano | |
Date Introduced: May 19, 2022 | |
Referred To: Senate Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational |
2 | Records Bill of Rights" is hereby amended by adding thereto the following section: |
3 | 16-71-7. Educational records access -- By community-based organizations. |
4 | (a) When a community-based organization (CBO) offers support or other programs to |
5 | students in a school, the local education agency (LEA) in which the CBO is operating is authorized |
6 | to supply the CBO with individual-level student data, provided the following circumstances are |
7 | met: |
8 | (1) There shall be a written service agreement between the LEA and CBO, pursuant to |
9 | subsection (b) of this section; |
10 | (2) The data shall be related to furthering the goal(s) of the program. This may include, but |
11 | is not limited to, data concerning a student’s attendance, course schedule, demographics, discipline, |
12 | grades, and test results; |
13 | (3) LEAs shall use reasonable security methods to ensure that personally identifiable |
14 | student data is protected, and shall only be accessed by authorized CBOs; and |
15 | (4) LEAs implement a procedure for parents or guardians who do not want their student’s |
16 | data shared to have it excluded from the information that may be shared with a CBO. |
17 | (b) For the purposes of this section, the written service agreement between an LEA and |
18 | CBO shall include, but is not limited to, the following elements: |
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1 | (1) A list or description of the specific data the LEA may provide to the CBO; |
2 | (2) The circumstances under which the data may be provided; |
3 | (3) The purpose(s) for which the data may be used; |
4 | (4) A requirement that the CBO destroy all personally identifiable information when the |
5 | information is no longer needed for the purposes for which it was collected; |
6 | (5) A procedure for the LEA to rescind the CBO’s access to student data for violations of |
7 | the service agreement or other misuse, as defined in the agreement; and |
8 | (6) Assurances regarding how the CBO shall comply with subsection (c) of this section. |
9 | (c) Any CBO that receives data pursuant to this section: |
10 | (1) Shall not sell, give, or otherwise provide student data to any unauthorized individual or |
11 | organization at any time, regardless of whether the student has reached the age of majority or is no |
12 | longer enrolled in the school or school district; |
13 | (2) Shall ensure that its administrative policy for controlling access to student data is |
14 | effective and does not permit personal identification of students by anyone other than |
15 | representatives of the CBO with legitimate interests. Such controls may include, but are not limited |
16 | to, physical or technological access limitations; and |
17 | (3) Shall only use the personally identifiable student information to meet the purpose or |
18 | purposes stated in the written service agreement. |
19 | 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 -- THE RHODE ISLAND EDUCATIONAL RECORDS BILL | |
OF RIGHTS | |
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1 | This act would authorize a local education agency (LEA) to supply a community-based |
2 | organization (CBO), when a (CBO) is offering support or other programs, with individual-level |
3 | student data, provided certain criteria are met. Additionally, this act would mandate that no (CBO) |
4 | would be authorized to sell, give, or otherwise provide student data to an unauthorized individual |
5 | or organization. |
6 | This act would take effect upon passage. |
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