Minnesota Legislature
SF 2604
as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 04:43pm
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A bill for an act
relating to data privacy; education; establishing student-user privacy in education
rights; requiring online educational services to comply with security and privacy
standards; prohibiting use of student information for targeted marketing or
creation of student profiles; amending Minnesota Statutes 2014, sections 13.321,
by adding a subdivision; 120B.11, subdivisions 3, 4; 120B.30, subdivision 2, by
adding subdivisions; 120B.31, subdivision 5, by adding subdivisions; Minnesota
Statutes 2015 Supplement, section 120B.30, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapter 125B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 13.321, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin Student-user privacy requirements. new text end
new text begin
Section 125B.27 governs privacy
and information practices of online educational services.
new text end
Sec. 2.
Minnesota Statutes 2014, section 120B.11, subdivision 3, is amended to read:
Subd. 3.
District advisory committee.
Each school board shall establish an
advisory committee to ensure active community participation in all phases of planning
and improving the instruction and curriculum affecting state and district academic
standards, consistent with subdivision 2. A district advisory committee, to the extent
possible, shall reflect the diversity of the district and its school sites, include teachers,
parents, support staff, students, and other community residents, and provide translation
to the extent appropriate and practicable. The district advisory committee shall pursue
community support to accelerate the academic and native literacy and achievement of
English learners with varied needs, from young children to adults, consistent with section
124D.59, subdivisions 2 and 2a. The district may establish site teams as subcommittees
of the district advisory committee under subdivision 4. The district advisory committee
shall recommend to the school board rigorous academic standards, student achievement
goals and measures consistent with subdivision 1a and sections 120B.022, subdivisions 1a
and 1b, and 120B.35, district assessments, and program evaluations. School sites may
expand upon district evaluations of instruction, curriculum, assessments, or programs.
Whenever possible, parents and other community residents shall comprise at least
two-thirds of advisory committee members.new text begin The advisory committee must, prior to the
first day of each school year, publish a comprehensive calendar of standardized tests that
will be administered in the school district.
new text end
Sec. 3.
Minnesota Statutes 2014, section 120B.11, subdivision 4, is amended to read:
Subd. 4.
Site team.
A school deleted text begin maydeleted text end new text begin must new text end establish a site team to develop and
implement strategies and education effectiveness practices to improve instruction,
curriculum, cultural competencies, including cultural awareness and cross-cultural
communication, and student achievement at the school site, consistent with subdivision 2.
new text begin The site team must include at least three teachers and one administrator. A majority of the
site team must be comprised of teachers. new text end The new text begin site new text end team advises the board and the advisory
committee about developing the annual budget deleted text begin and revisingdeleted text end new text begin ; createsnew text end an instruction and
curriculum improvement plan that aligns curriculum, assessment of student progress, and
growth in meeting state and district academic standards and instructionnew text begin ; and selects the
standardized assessments that the school will administer to studentsnew text end .
Sec. 4.
Minnesota Statutes 2014, section 120B.30, subdivision 2, is amended to read:
Subd. 2.
Department of Education assistance.
new text begin (a) new text end The Department of Education
shall contract for professional and technical services according to competitive solicitation
procedures under chapter 16C for purposes of this section.
new text begin
(b) A bid submitted under this section must include disclosures containing:
new text end
new text begin
(1) comprehensive information regarding test administration monitoring practices;
and
new text end
new text begin
(2) data privacy safeguards for student information to be transmitted to or used by
the bidding entity.
new text end
new text begin
Such information provided in the bid must not be classified as nonpublic according
to section 13.37, subdivision 2.
new text end
new text begin
(c) An entity responsible for evaluating and scoring testing contracted for under
paragraph (a) must agree that all writing assessments are scored by at least two
Minnesota-licensed teachers who have been licensed by the state of Minnesota to teach
language arts, or teacher licensure candidates who have achieved a passing score on the
basic skills exams in reading and writing adopted by the Board of Teaching.
new text end
Sec. 5.
Minnesota Statutes 2015 Supplement, section 120B.30, subdivision 4, is
amended to read:
Subd. 4.
Access to tests.
Consistent with section 13.34, the commissioner
must adopt and publish deleted text begin a policy to provide public and parental access for review of
deleted text end new text begin on the commissioner's Web site new text end Minnesota-developed assessments deleted text begin which would not
compromise the objectivity or fairness of the testing or examination processdeleted text end new text begin after data
from the assessments are made publicly availablenew text end . deleted text begin Upon receiving a written request,deleted text end The
commissioner must deleted text begin make availabledeleted text end new text begin send new text end to parents or guardians a copy of their student's
deleted text begin actualdeleted text end responses to the test questions for their reviewnew text begin as well as the test questions and the
correct answers, no later than the first day of the academic year following the year in
which their student took the assessmentnew text end .
Sec. 6.
Minnesota Statutes 2014, section 120B.30, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Database. new text end
new text begin
The commissioner shall establish a reporting system for
teachers, administrators, and students to report service disruptions and technical
interruptions. The information reported through this system shall be maintained in a
database accessible through the department's Web site.
new text end
Sec. 7.
Minnesota Statutes 2014, section 120B.30, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Retaliation prohibited. new text end
new text begin
A report to the commissioner concerning service
disruptions and technical interruptions is subject to the protection of section 181.932,
governing disclosure of information by employees.
new text end
Sec. 8.
Minnesota Statutes 2014, section 120B.31, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Student participation. new text end
new text begin
The commissioner shall create and publish a form
for parents to complete if they refuse for their child to participate in standardized testing.
This form must request a reason for the refusal, and this information must be maintained
by the department in an accessible format, subject to the requirements of chapter 13.
new text end
Sec. 9.
Minnesota Statutes 2014, section 120B.31, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Parentdeleted text end new text begin Access to new text end information.
To ensure the effective involvement
of parents and to support a partnership between the school and parents, each district
shall deleted text begin annuallydeleted text end provide parents new text begin and teachers new text end a timely written summary, in an electronic
or other format, of their student's current and longitudinal performance and progress
on the state's academic content standards as measured by state assessments. Providing
parents with a summary prepared by the Department of Education fulfills the requirements
of this subdivision.
Sec. 10.
Minnesota Statutes 2014, section 120B.31, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Test preparation costs. new text end
new text begin
The department must annually compile and
publish data relating to expenditures by school districts for preparation of assessments
administered pursuant to section 120B.30, including the costs of materials and staff time.
new text end
Sec. 11.
new text begin
[125B.27] STUDENT-USER PRIVACY IN EDUCATION RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision and section 13.32,
subdivision 1, apply to this section.
new text end
new text begin
(b) "Online educational service" means a Web site, online service or application, or
mobile application that a student or the student's parent or legal guardian can access via
the Internet for school purposes. Online educational service includes a cloud computing
service.
new text end
new text begin
(c) "Operator" means a person who operates an online educational service with
actual knowledge that it is used primarily for school purposes and was designed and
marketed for these purposes. Operator includes a vendor.
new text end
new text begin
(d) "Protected information" means educational data or other personally identifiable
information or materials in any media or format that:
new text end
new text begin
(1) is created or provided by a student or the student's parent or legal guardian to an
operator in the course of the use of the operator's site, service, or application for school
purposes;
new text end
new text begin
(2) is created or provided by an employee or agent of the school to an operator; or
new text end
new text begin
(3) is gathered by an operator through the operation of an online educational
service and is descriptive of a student or otherwise identifies a student, including
information in the student's educational record or e-mail, first and last name, home
address, telephone number, e-mail address, or other information that allows physical or
online contact, discipline records, test results, special education data, juvenile records,
grades, evaluations, criminal records, health records, Social Security number, biometric
information, disabilities, socioeconomic information, food purchases, political affiliations,
religious information, text messages, documents, student identifiers, search activity,
photos, voice recordings, or geolocation information.
new text end
new text begin
(e) "School purposes" means purposes that (1) customarily take place at the
direction of the school, teacher, or school district or aid in the administration of school
activities, including instruction in the classroom or at home, administrative activities, and
collaboration between students, school personnel, or parents or legal guardians, or (2)
are for the use and benefit of the school.
new text end
new text begin
(f) "Student" means a student in prekindergarten through grade 12.
new text end
new text begin
(g) "Vendor" means a person who enters into a contract with a school to provide an
online educational service.
new text end
new text begin Subd. 2. new text end
new text begin
Prohibited activities; targeted advertising; creation of student profiles;
sale or unauthorized disclosure of information.
new text end
new text begin
(a) An operator must not knowingly
engage in any of the following activities with respect to the operator's site, service,
or application:
new text end
new text begin
(1)(i) targeted advertising on the operator's site, service, or application; or
new text end
new text begin
(ii) targeted advertising on any other site, service, or application when the targeting
of the advertising is based upon information, including protected information and unique
identifiers, that the operator has acquired or created because of the use of that operator's
site, service, or application;
new text end
new text begin
(2) use or share information, including unique identifiers, acquired or created by
the operator's site, service, or application, to create a profile about a student, except in
furtherance of school purposes;
new text end
new text begin
(3) sell a student's information, including protected information. This prohibition
does not apply to the purchase, merger, or other type of acquisition of an operator by
another person, provided that the operator or successor continues to be subject to this
section with respect to previously acquired student information; or
new text end
new text begin
(4) disclose protected information, unless the disclosure:
new text end
new text begin
(i) is made in furtherance of the purpose of the site, service, or application, provided
the recipient of the protected information must not further disclose the information unless
done to allow or improve operability and functionality in that student's classroom or school;
new text end
new text begin
(ii) is legally required to comply with subdivision 3;
new text end
new text begin
(iii) is made to ensure legal and regulatory compliance, to respond to or participate
in judicial process, or to protect the safety of users or others or security of the site; or
new text end
new text begin
(iv) is made pursuant to a contract between the operator and a service provider. A
contract must prohibit the service provider from using protected information for any
purpose other than providing the contracted service to, or on behalf of, the operator;
prohibit the service provider from disclosing protected information provided by the
operator to third parties; and require the service provider to implement and maintain
reasonable security procedures and practices as provided in subdivision 3.
new text end
new text begin
(b) This subdivision does not prohibit the operator's use of information for
maintaining, developing, supporting, improving, or diagnosing the operator's site, service,
or application.
new text end
new text begin Subd. 3. new text end
new text begin Security procedures and practices. new text end
new text begin
An operator shall:
new text end
new text begin
(1) implement and maintain reasonable security procedures and practices appropriate
to the nature of the protected information and protect that information from unauthorized
access, destruction, use, modification, or disclosure; and
new text end
new text begin
(2) delete a student's protected information if the school requests deletion of data
under the control of the school.
new text end
new text begin Subd. 4. new text end
new text begin Permissible disclosures. new text end
new text begin
Notwithstanding subdivision 2, paragraph
(a), clause (4), an operator may disclose protected information of a student under the
following circumstances:
new text end
new text begin
(1) if other provisions of federal or state law require the operator to disclose the
information and the operator complies with the requirements of federal or state law in
protecting and disclosing that information;
new text end
new text begin
(2) for legitimate research purposes:
new text end
new text begin
(i) as required by state or federal law and subject to the restrictions under applicable
law; or
new text end
new text begin
(ii) as allowed by state or federal law and under the direction of a school, school
district, or the Department of Education, provided that protected information is not used
for any purpose in furtherance of advertising or to amass a profile on the student for
purposes other than school purposes; and
new text end
new text begin
(3) to a state or local educational agency, including schools and school districts, for
school purposes as permitted by state or federal law.
new text end
new text begin Subd. 5. new text end
new text begin Use of information by operator. new text end
new text begin
(a) This section does not prohibit an
operator from using information that does not identify a student as follows:
new text end
new text begin
(1) within the operator's site, service, or application or other sites, services, or
applications owned by the operator to improve educational products; or
new text end
new text begin
(2) to demonstrate the effectiveness of the operator's products or services, including
marketing.
new text end
new text begin
(b) This section does not prohibit an operator from sharing information that does not
identify a student for the development and improvement of educational sites, services,
or applications.
new text end
new text begin Subd. 6. new text end
new text begin Certain activities not affected. new text end
new text begin
(a) This section does not limit the
authority of a law enforcement agency to obtain information from an operator as
authorized by law or pursuant to a court order.
new text end
new text begin
(b) This section does not limit the ability of an operator to use student information,
including protected information, for adaptive learning or customized student learning
purposes.
new text end
new text begin
(c) This section does not apply to general audience Web sites, general audience
online services, general audience online applications, or general audience mobile
applications, even if log-in credentials created for an operator's online educational service
may be used to access those general audience Web sites, services, or applications.
new text end
new text begin
(d) This section does not limit Internet service providers from providing Internet
connectivity to schools or students and their families.
new text end
new text begin
(e) This section does not prohibit an operator of a Web site, online service, online
application, or mobile application from marketing educational products directly to parents
or legal guardians so long as the marketing did not result from the use of protected
information obtained by the operator through the provision of services governed by this
section.
new text end
new text begin
(f) This section does not impose a duty upon a provider of an electronic store, gateway,
marketplace, or other means of purchasing or downloading software or applications to
review or enforce compliance with this section on those applications or software.
new text end
new text begin
(g) This section does not impose a duty on a provider of an interactive computer
service, as defined in United States Code, title 47, section 230, to review or enforce
compliance with this section by third-party content providers.
new text end
new text begin
(h) This section does not impede the ability of students to download, export, or
otherwise save or maintain their own data or documents.
new text end