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

     Introduced By: Senator Sandra Cano

     Date Introduced: May 19, 2022

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

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

     16-71-7. Educational records access -- By community-based organizations.

     (a) When a community-based organization (CBO) offers support or other programs to

students in a school, the local education agency (LEA) in which the CBO is operating is authorized

to supply the CBO with individual-level student data, provided the following circumstances are

met:

     (1) There shall be a written service agreement between the LEA and CBO, pursuant to

subsection (b) of this section;

     (2) The data shall be related to furthering the goal(s) of the program. This may include, but

is not limited to, data concerning a student’s attendance, course schedule, demographics, discipline,

grades, and test results;

     (3) LEAs shall use reasonable security methods to ensure that personally identifiable

student data is protected, and shall only be accessed by authorized CBOs; and

     (4) LEAs implement a procedure for parents or guardians who do not want their student’s

data shared to have it excluded from the information that may be shared with a CBO.

     (b) For the purposes of this section, the written service agreement between an LEA and

CBO shall include, but is not limited to, the following elements:

     (1) A list or description of the specific data the LEA may provide to the CBO;

     (2) The circumstances under which the data may be provided;

     (3) The purpose(s) for which the data may be used;

     (4) A requirement that the CBO destroy all personally identifiable information when the

information is no longer needed for the purposes for which it was collected;

     (5) A procedure for the LEA to rescind the CBO’s access to student data for violations of

the service agreement or other misuse, as defined in the agreement; and

     (6) Assurances regarding how the CBO shall comply with subsection (c) of this section.

     (c) Any CBO that receives data pursuant to this section:

     (1) Shall not sell, give, or otherwise provide student data to any unauthorized individual or

organization at any time, regardless of whether the student has reached the age of majority or is no

longer enrolled in the school or school district;

     (2) Shall ensure that its administrative policy for controlling access to student data is

effective and does not permit personal identification of students by anyone other than

representatives of the CBO with legitimate interests. Such controls may include, but are not limited

to, physical or technological access limitations; and

     (3) Shall only use the personally identifiable student information to meet the purpose or

purposes stated in the written service agreement.

     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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     This act would authorize a local education agency (LEA) to supply a community-based

organization (CBO), when a (CBO) is offering support or other programs, with individual-level

student data, provided certain criteria are met. Additionally, this act would mandate that no (CBO)

would be authorized to sell, give, or otherwise provide student data to an unauthorized individual

or organization.

     This act would take effect upon passage.

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