Law / United States / 
Louisiana
Student information: required sharing with named recipients and its confidentiality limits
La. R.S. 17:3914(L), (M), (N) and (O)
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Transfer, Disclosure, Consent, Governance
- Audit expectation
- none
What it requires
- 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)).
- 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)).
- 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)).
- 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)).
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(L), a local public school system and the governing authority of a Type 2 charter school that enrolls students residing within its boundaries must enter into a memorandum of understanding to exchange the student information needed to verify enrollment and residency, keep that information strictly confidential and use it for no other purpose.
Under Revised Statutes 17:3914(M)(1), the governing authority of each 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 must share student information with the Louisiana Department of Health, limited to the name, address, school site code, student unique identifier and date of birth of each student eligible for free or reduced price meals.
Under Revised Statutes 17:3914(M)(2), such a governing authority may not share a student's information if the parent or legal guardian has chosen not to share it under the governing authority's policy.
Under Revised Statutes 17:3914(N)(1), each public secondary school governing authority must collect the social security number of each student pursuing a diploma, not later than the beginning of the student's senior year, solely to evaluate state and federal programs that prepare students for postsecondary education, workforce training and employment, and must share the numbers with the state Department of Education, which shares them with Louisiana Works.
Under Revised Statutes 17:3914(N)(2), the company the state has contracted with to develop the unique student identifier must 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.
Under Revised Statutes 17:3914(N)(6), a person who knowingly and willfully fails to maintain the confidentiality of students' personally identifiable information is subject to the penalties of subsection G and of Revised Statutes 23:1660.
Under Revised Statutes 17:3914(O), the state child ombudsman is to receive, upon written request, any student record from a public elementary or secondary school, a local public school system or the state Department of Education, to carry out the ombudsman's duties.
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