Law / United States / 
New Hampshire
Student privacy: school limits on radio frequency identification devices, remote surveillance software on school-supplied computers and classroom recording
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
What it requires
- If you are a school, do not require a student to use an identification device that uses radio frequency identification or similar technology to identify, track or monitor the student, or to transmit information about the student, unless the school board approved it after a public hearing and a parent or legal guardian of the affected student gave written consent, which may be withheld without consequence (RSA 189:68, II).
- If you are a school, do not install remote surveillance software, meaning observing, capturing images, listening or recording, on a school supplied computing device provided to a student unless the school board approved it after a public hearing and a parent, foster parent or legal guardian of the affected student gave written consent, which may be withheld without consequence; locating equipment that is about to be or has been stolen or damaged is not surveillance (RSA 189:68, III).
- If you are a school, do not record a school classroom for the purpose of teacher evaluations without school board approval after a public hearing and the written consent of the teacher and of the parent or legal guardian of each affected student (RSA 189:68, IV).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RSA 189:68, II to IV bar a school from requiring identification devices, installing remote surveillance software on a school supplied computing device, and recording a classroom for teacher evaluations, absent school board approval after a public hearing and written consent. A consent and approval requirement is not a duty to make, keep or produce a record of processing. The cited provisions state no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
No school may require a student to use an identification device that uses radio frequency identification or similar technology to identify the student, transmit information about the student, or monitor or track the student, without school board approval after a public hearing and the written consent of a parent or legal guardian, which may be withheld without consequence.
No school may install remote surveillance software on a school supplied computing device provided to a student without school board approval after a public hearing and the written consent of a parent, foster parent or legal guardian of the affected student, which may be withheld without consequence.
In that paragraph surveillance means observing, capturing images, listening or recording, and does not include locating equipment when there is reason to believe it is about to be or has been stolen or damaged. No school may record a school classroom for the purpose of teacher evaluations without school board approval after a public hearing and the written consent of the teacher and of the parent or legal guardian of each affected student.
Paragraph V preserves the use of audio or video recordings for a child with a disability under the child's individualized education program or accommodation plan, for student instructional purposes, and for the instruction of teacher interns or student teachers after written notice to the parent or legal guardian of each affected student.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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