Catalog / Serves K-12 schools / LXD-8497

Serves K-12 schools, in Louisiana

Student information: privacy, contractor duties and prohibitions on commercial usesince 5 lines

La. R.S. 17:3914 · Read the law's page

  • If you hold or can access personally identifiable student information, do not sell, transfer, share or process student data for commercial advertising, marketing or any other commercial purpose, unless a contract for school services stipulates otherwise.
  • If you contract with a local public school board for student and other education services and receive student information, do not allow access to or release of it except as the contract specifies, and do not use it for predictive modeling that limits students' educational opportunities.
  • Make your contract with the local public school board provide for authorizing and authenticating access to the systems storing student information, privacy compliance standards, privacy and security audits under the local school superintendent, breach planning, notification and remediation, storage, retention and disposition policies, and disposal of all information from your servers on termination, with the information returned to the school board.
  • If you are authorized to access a public school computer system on which student information is stored, and are not a parent or legal guardian, maintain the confidentiality of the student information to which you have access.
  • If you receive personally identifiable student information with written authorization of a parent, legal guardian or adult student, maintain its confidentiality.
Student information: limits on what a local public school system may require, disclose and let others accesssince 6 lines

La. R.S. 17:3914(C) and (D) · Read the law's page

  • If you are an official or employee of a city, parish or other local public school system, do not require the collection of the political affiliations or beliefs, mental or psychological problems, sexual behavior or attitudes, illegal, anti-social, self-incriminating or demeaning behavior, critical appraisals of close family relations, privileged relationships, religious practices, family income, biometric information, gun ownership, home Internet Protocol address or external digital identity of a student or the student's parent or family, unless the parent or legal guardian voluntarily discloses it (La. R.S. 17:3914(C)(1)).for a public body
  • Do not provide personally identifiable student information to a member of the school board or any other person or public or private entity, except as La. R.S. 17:3914(C)(2) allows: a student identification number and aggregate data to the school board, the state Department of Education or the State Board of Elementary and Secondary Education for state and federal reporting; information stripped of identifiers to the state Department of Education; information a parent, legal guardian or adult student has authorized in writing; and the other transfers the paragraph lists.for a public body
  • If you are the state Department of Education, assign an early childhood education identification number to every child in a publicly funded prekindergarten program at a school or early learning center, and do not include or base any early childhood education or student identification number on a social security number (La. R.S. 17:3914(C)(3)).for a public body
  • If you are a local public school board, assign a student identification number to every enrolled public elementary or secondary student who has none from an early childhood program, and by link each early childhood education identification number to the student's identification number (La. R.S. 17:3914(C)(3)(b)).for a public body
  • Do not authorize access to a public school computer system on which student information is stored for anyone other than the persons La. R.S. 17:3914(D)(2) and (3) list: the student or the parent or legal guardian, the teacher of record, the principal and registrar, designated school system employees, persons the superintendent authorizes to maintain the system, and persons the state authorizes to audit student records (La. R.S. 17:3914(D)(1)).for a public body
  • Do not access a public school computer system on which student information is stored unless La. R.S. 17:3914(D)(2) or (3) authorizes you, for example as a person the superintendent authorizes to maintain or repair the system or to provide services the school system would otherwise provide (La. R.S. 17:3914(D)(1)).
Textbook and instructional materials review and adoption: accessible electronic format requirementsince 3 lines

La. R.S. 17:351.1(B)(3)(e) · Read the law's page

  • If you publish print textbooks or print instructional materials and submit them to the Louisiana Department of Education for review, expect the State Board of Elementary and Secondary Education's review process to require you to supply them in an electronic format that meets the National Instructional Materials Accessibility Standard (La. R.S. 17:351.1(B)(3)(e)).
  • Supply that electronic format so that it can be converted into specialized formats for children with disabilities and so that braille and large-print textbooks can be produced from it for blind and visually impaired students (La. R.S. 17:351.1(B)(3)(e)).
  • If you are the State Board of Elementary and Secondary Education, provide in the review process for textbooks and instructional materials a requirement that all print textbooks and print instructional materials submitted for review be supplied in an electronic format that meets the National Instructional Materials Accessibility Standard (La. R.S. 17:351.1(B)(3)(e)).for a public body
Act 496 (SB 346), deepfake material used against K-12 studentssince 3 lines

La. R.S. 17:416.14.1 · Read the law's page

  • Do not use deepfake material against a student enrolled in kindergarten through grade twelve with the intent to coerce, harass, intimidate, or maliciously disseminate or sell the material.
  • The prohibition binds every student, faculty member, member of the administrative staff, and other employee at an elementary or secondary school.
  • Material is a deepfake when it is audio or visual media in an electronic format, created, altered, or digitally manipulated so that it would falsely appear to a reasonable observer to be an authentic record of an individual's actual speech or conduct, or when it replaces an individual's likeness with another individual's.
Instructional materials: braille production files from publishers of adopted textbooksin force3 lines

La. R.S. 17:1985 · Read the law's page

  • If you publish a textbook that the State Board of Elementary and Secondary Education has adopted, furnish the state Department of Education, its designated depository or the American Printing House for the Blind, not later than ninety days after final adoption, computer diskettes for literary subjects in a standard format the Board approves, from which braille versions of the textbook can be produced (La. R.S. 17:1985).
  • For a nonliterary subject, including natural sciences, computer science, mathematics and music, furnish the department with computer diskettes in a standard format when braille specialty code translation software is available (La. R.S. 17:1985).
  • If you are the State Board of Elementary and Secondary Education, require each publisher of an adopted textbook to furnish those diskettes (La. R.S. 17:1985).for a public body
Student information: no re-identification of de-identified data and no predictive-modeling limits on students' opportunitiesin force2 lines

La. R.S. 17:3914(E) · Read the law's page

  • If you have access to student information, do not convert student information that was stripped of personally identifiable information under La. R.S. 17:3914(C)(2)(b) so that the remaining information can be used to identify a student (La. R.S. 17:3914(E)(1)).
  • If you are the State Board of Elementary and Secondary Education or the state Department of Education, do not require a local public school system to limit a student's learning opportunities or opportunities to explore any occupation based upon predictive modeling (La. R.S. 17:3914(E)(2)).for a public body
Student information: consent-based collection and disclosure of grade 8 to 12 student data for postsecondary admission and aidin force4 lines

La. R.S. 17:3914(K) · Read the law's page

  • If you are the governing authority of a public school, give the parent or legal guardian of each student in grades eight through twelve a consent form at the beginning of each school year that states exactly which items will be collected and the restricted recipients and purposes, with the bold-type notice La. R.S. 17:3914(K)(3)(c) requires, and collect the student's full name, date of birth, social security number, transcript data and race and ethnicity data only with written consent (La. R.S. 17:3914(K)(1) and (3)).for a public body
  • If you are the governing authority of a public school or the company the state has contracted with to develop the unique student identifier, disclose that information, upon request, only to a Louisiana postsecondary education institution for admission processing and reporting, or to the Board of Regents and the office of student financial assistance for the purposes La. R.S. 17:3914(K)(2) lists.when it serves a public body
  • Treat a parent's consent as continuing until it is withdrawn in writing, and notify the parent or legal guardian annually of the right and process to withdraw it (La. R.S. 17:3914(K)(3)(d)).for a public body
  • If you are a Louisiana postsecondary education institution, the Board of Regents or the office of student financial assistance, destroy all data collected under La. R.S. 17:3914(K) not later than five years after the student graduates, unless state or federal law requires otherwise (La. R.S. 17:3914(K)(4)).for a public body
Student information: required sharing with named recipients and its confidentiality limitsin force7 lines

La. R.S. 17:3914(L), (M), (N) and (O) · Read the law's page

  • If you are a local public school system, or the governing authority of a Type 2 charter school that enrolls students residing within the system's boundaries, enter into a memorandum of understanding that complies with FERPA to exchange the student information needed to verify enrollment and residency, keep that information strictly confidential and use it only to verify enrollment and residency (La. R.S. 17:3914(L)).for a public body
  • If you are the governing authority of a public or nonpublic school or other entity that participates in a meal program through which students are eligible for the summer electronic benefits transfer program, share with the Louisiana Department of Health only the first, middle and last name, address, school site code, student unique identifier and date of birth of each student eligible for free or reduced price meals, and do not share a student's information if the parent or legal guardian has chosen not to under your policy (La. R.S. 17:3914(M)).
  • If you are a public secondary school governing authority, collect the social security number of each student pursuing a diploma no later than the beginning of the senior year, solely for evaluating state and federal programs that prepare students for postsecondary education, workforce training and employment, share the numbers, matched to student names and unique student identification numbers, with the state Department of Education, and disclose them to the company the state has contracted with to develop unique student identifiers and to Louisiana Works (La. R.S. 17:3914(N)(1)).for a public body
  • If you are the company the state has contracted with to develop the unique student identifier, assign an identifier for each student who completes high school and provide the identifiers and corresponding social security numbers to Louisiana Works for matching with wage and employment data until the individual reaches the age of twenty-six (La. R.S. 17:3914(N)(2)).
  • If you are Louisiana Works, remove all social security numbers from the data before providing the state Department of Education and the Industry-Based Certification Committee the list of high school graduates with wage and employment data (La. R.S. 17:3914(N)(3)).for a public body
  • Make every exchange of student information under La. R.S. 17:3914(N) comply with FERPA, 20 CFR Part 603 and La. R.S. 23:1660, and maintain the confidentiality of students' personally identifiable information (La. R.S. 17:3914(N)(4) and (6)).
  • If you are a public elementary or secondary school, a local public school system or the state Department of Education, provide any student record the state child ombudsman requests in writing to carry out the ombudsman's duties (La. R.S. 17:3914(O)).for a public body

Revisions

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  1. Revision 1, : the entry was first published.

See also

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