Law / United States / 
New Mexico
Education accountability data system must safeguard personally identifiable student data
Educational data system, NMSA 1978, Sec. 22-1-11
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Security, Governance
What it requires
- If you are a New Mexico public entity participating in the education accountability data system, safeguard the confidentiality of the personally identifiable student and educator data in it consistent with state and federal law (NMSA 1978, Sec. 22-1-11(G)).
- If you are a participating public entity that enters into an agreement with another organization for a research study using the system's data, subject the agreement to safeguards that ensure the research organization uses the student records only for the authorized study purposes (NMSA 1978, Sec. 22-1-11(G)(2)).
- If you are the Public Education Department or the Higher Education Department, adopt with school districts, charter schools and public post-secondary institutions the rules that carry out the data system, including its security administration requirements and training for data entry personnel (NMSA 1978, Sec. 22-1-11(I)).
These lines are LexLint's reading of the law's text.
What this law does
The Public Education Department and the Higher Education Department, as data system partners, must establish a unified pre-kindergarten through post-graduate education accountability data system that collects, integrates and reports longitudinal student-level and educator data. The system uses a common student identifier and an educator identifier, with the ability to match educator data to student data.
The data system council must assist the agencies whose data the system holds in developing interagency agreements that assure the security of the data system and ensure the privacy of any person whose personally identifiable information it contains. The confidentiality of personally identifiable student and educator data must be safeguarded consistent with state and federal law.
Public entities participating in the system may enter into agreements with other organizations for research studies, subject to safeguards that ensure the research organization uses the student records only for the authorized study purposes. The data system partners must jointly adopt rules to carry out the section, including security administration requirements and training for data entry personnel at all levels.
The section was enacted by Laws 2010, chapter 112, and amended by Laws 2015, chapter 122. Laws 2010, chapter 112 took effect on .
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