Law / United States /
Louisiana
Student information: consent-based collection and disclosure of grade 8 to 12 student data for postsecondary admission and aid
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Retention
- Audit expectation
- none
What it requires
- 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)).
- 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.
- Treat a parent's consent as continuing until it is withdrawn in writing, and notify the parent or legal guardian annually of the right and process to withdraw it (La.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)).
- 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)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
A person who violates La. R.S. 17:3914, other than by a knowing and willing violation of subsection F, is punished by imprisonment for not more than six months or by a fine of not more than $10,000.
Penalty structure
Imprisonment for not more than six months or a fine of not more than $10,000 for a violation of a provision of the section, other than a knowing and willing violation of subsection F.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 10,000
What this law does
Under Revised Statutes 17:3914(K)(1), the governing authority of each public school, with the permission of a student's parent or legal guardian, must collect the full name, date of birth, social security number, transcript data and race and ethnicity data of each student enrolled in grades eight through twelve.
Under Revised Statutes 17:3914(K)(2), the governing authority and the company the state has contracted with to develop the unique student identifier may disclose that information, upon request, only to a Louisiana postsecondary education institution, the Board of Regents and the office of student financial assistance, for the purposes the paragraph lists.
Under Revised Statutes 17:3914(K)(3), the governing authority of each public school must provide a consent form at the beginning of each school year, and no data may be collected under that subsection unless the parent or legal guardian provides written consent. Under Revised Statutes 17:3914(K)(3)(d), consent continues until it is withdrawn in writing, and the parent or legal guardian must be notified annually of the right and process to withdraw it.
Under Revised Statutes 17:3914(K)(4), each Louisiana postsecondary education institution, the Board of Regents and the office of student financial assistance must destroy all data collected under that subsection not later than five years after the student graduates, unless state or federal law requires otherwise. Under Revised Statutes 17:3914(G), a person who violates that subsection is punished by imprisonment for not more than six months or a fine of not more than $10,000.
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