Law / United States /
New Hampshire
Pupil assessment information: testing entity duties to destroy student data and limits on its disclosure and use
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Retention, Prohibition
- Audit expectation
- none
What it requires
- If you are the testing entity that administers the state assessment, destroy all student data on the schedule the state contract sets (RSA 193-C:12, IV).
- If you are the testing entity that administers the state assessment, do not disclose student data, unless the student or parent requests it, to any person, organization, entity or government other than the parent or guardian, the department of education, or the school or school district, and do not use it for any other purpose except as the contract between the department and the testing entity defines (RSA 193-C:12, V).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RSA 193-C:12, IV and V require a testing entity to destroy student data on the contract's schedule and bar disclosure and secondary use. A destruction and use-limitation duty is not a duty to make, keep or produce a record. The cited provisions state no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
The department of education provides the testing entity with individual pupil names, unique pupil identifiers and other demographic and statistical information necessary to comply with state and federal reporting, and the testing entity maintains the results, scores or other evaluative materials for the purpose of measuring and reporting individual student growth. The testing entity must destroy all student data on a schedule determined by the state contract with the testing entity.
The testing entity may not disclose student data, unless requested by the student or parent, to anyone other than the parent or guardian, the department, or the school or school district, and may not use it for any other purpose except as the contract between the department and the testing entity defines.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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