Law / United States /
North Dakota
Student data protection policy of a school district (section 15.1-07-25.3 as amended in 2025)
N.D. Cent. Code § 15.1-07-25.3
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Governance, Disclosure
What it requires
- If you are the board of a school district, adopt a policy regarding the protection of student data (N.D. Cent. Code 15.1-07-25.3(1)).
- Make your policy require the board's permission before student data is shared with an individual who is not a school district employee or with any other entity, except for sharing with the student's parent or sharing otherwise authorized by law (N.D. Cent. Code 15.1-07-25.3(2)(a)).
- Where you share student data with the state entity managing a student information system, do it under a data sharing agreement that is subject to federal and state privacy laws and includes a clause designating the department as your authorized representative under the Family Educational Rights and Privacy Act of 1974 and 34 CFR part 99 for purposes of the statewide longitudinal data system (N.D. Cent. Code 15.1-07-25.3(2)(b)).
- Make your policy require the superintendent to compile a list of the individuals and entities with whom student data is shared and a list, by title, of the district personnel who have access to student data (N.D. Cent. Code 15.1-07-25.3(3)).
- Make copies of the policy available upon request (N.D. Cent. Code 15.1-07-25.3(4)).
- Use the state student information system as your principal student information system and enter a data sharing agreement with the department of public instruction that is subject to federal and state privacy laws and section 15.1-07-25.3, unless the superintendent of public instruction exempts you (N.D. Cent. Code 15.1-07-33).
These lines are LexLint's reading of the law's text.
What this law does
The board of a school district must adopt a policy regarding the protection of student data. The policy must require the board's permission before student data is shared with an individual who is not a school district employee or with any other entity. The permission requirement has an exception for sharing data with a student's parent.
A school district may share student data with the state entity managing a student information system under a data sharing agreement that is subject to federal and state privacy laws. The data sharing agreement must include a clause designating the department as an authorized representative of the school district under the Family Educational Rights and Privacy Act of 1974 for purposes of the statewide longitudinal data system.
The policy must require the school district superintendent to compile a list of the individuals and entities with whom student data is shared and a list, by title, of the school district personnel who have access to student data. A school district must make copies of the policy available upon request.
Each school district must use the state student information system as its principal student information system and enter a data sharing agreement with the department of public instruction that is subject to federal and state privacy laws and section 15.1-07-25.3. House Bill 1357 of 2025 amended sections 15.1-07-25.3 and 15.1-07-33 of the North Dakota Century Code. The amendments take effect on .
When LexLint raises it
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