Law / United States /
Connecticut
Boards of education: contracts with student data contractors and public notice of each contract
Conn. Gen. Stat. § 10-234bb(a), (f), (g) and (i)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Contract terms, Disclosure
- Audit expectation
- none
What it requires
- If you are a local or regional board of education, enter into a written contract with a contractor any time you share or provide access to student information, student records or student-generated content with it, and include the statements and descriptions section 10-234bb(a) lists, among them that the data is not the contractor's property, how the board may request deletion, how a student or parent may review and correct the data, and how the contractor notifies the board of a breach under section 10-234dd (section 10-234bb(a)).
- Maintain and update an Internet web site with information on all contracts entered into under section 10-234bb, and post notice of each contract, with the contract itself, a brief description of its purpose and the student information, student records or student-generated content that may be collected, not later than five business days after executing it (section 10-234bb(g)(1)).
- On or before September 1 of each school year, electronically notify students and their parents or legal guardians of the address of that web site (section 10-234bb(g)(2)).
- If you rely on the exception for a web site, online service or mobile application that is unique and necessary to implement a child's individualized education program or Section 504 plan and is unable to comply, meet the conditions of section 10-234bb(i), including the evidence of a reasonable effort to contract and the signed parent or guardian agreement, and give the parent or guardian that evidence on request (section 10-234bb(i)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What record it asks for
Logging duty
Section 10-234bb requires a board of education to sign a written contract with listed terms and to post a notice of each contract on its web site. A contract and a posted notice are not records of processing, access or decisions, and no clause tells a board to keep a log. The section states no territorial clause, so the hook is left empty.
- Kind
- None
- As of
What this law does
On and after , a local or regional board of education must enter into a written contract with a contractor any time it shares or provides access to student information, student records or student-generated content with that contractor. Each such contract must include the statements and descriptions that section 10-234bb(a) lists, among them a statement that student information, student records and student-generated content are not the property of or under the control of a contractor.
A contract entered into on or after that lacks a provision section 10-234bb(a) requires, or the terms-of-service agreement addendum, is void if the board has given the contractor reasonable notice and the contractor has failed within a reasonable time to amend it. A board must maintain an Internet web site with information on all such contracts and post notice of each contract, with the contract itself, within five business days after executing it.
On or before September 1 of each school year, the board must electronically notify students and their parents or legal guardians of that web site's address. A board need not contract for a web site, online service or mobile application that is unique and necessary to implement a child's individualized education program or Section 504 plan and unable to comply, if the conditions in section 10-234bb(i) are met.
Section 10-234gg had required each board to report annually to the Commission for Educational Technology on any web site, online service or mobile application used without a contract under section 10-234bb(i). Public Act 26-1 repealed section 10-234gg, effective from passage on . The Commission for Educational Technology must develop a uniform student data privacy terms-of-service agreement addendum that may be used in contracts entered into under section 10-234bb.
Public Act 18-125 amended section 10-234bb to require a board to post notice of each contract on its Internet web site and to add the individualized education program exception, effective .
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