Law / United States / 
South Carolina
South Carolina Department of Education Data Use and Governance Policy (student data)
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Governance, Security
- Audit expectation
- none
What it requires
- If you are the State Department of Education, your stated policy is to ensure that all data you collect, manage, store, transmit, use, report and destroy is handled in a way that preserves and protects individual and collective privacy rights and ensures the confidentiality and security of collected data (section 59-1-490(B)).
- If you are the State Department of Education, do not collect individual student data directly from students or families, except as required to meet your obligations under the Individuals with Disabilities Education Act (section 59-1-490(C)).
- If you are the State Department of Education, share no personally identifiable individual student data in federally required reporting (section 59-1-490(C)).
- If you are the State Department of Education, base the data elements you transfer to the United States Department of Education on EDFacts reporting requirements or other federal law, and include only aggregated data with no personally identifiable data (section 59-1-490(D)).
- If you are the State Department of Education, keep collected data within a secure infrastructure environment, limit access to preidentified staff granted clearance for their job responsibilities, and give those staff regular training in data security and student privacy laws together with a signed Data Use Policy assurance of confidentiality and privacy (section 59-1-490(E)).
- If you are the State Department of Education, maintain a managed external data request procedure run through a Data Governance Committee, measuring each external request against predetermined qualifiers that include adherence to FERPA requirements (section 59-1-490(F)).
- If you are a school district in this State, adopt, maintain and comply with a locally adopted student records governance and use policy (section 59-1-490(G)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 59-1-490 names no log, register or retained file of student data access or requests. The signed Data Use Policy assurance of confidentiality and privacy that clearance staff give is an assurance document, and the section sets no retention period, audit cadence or report recipient for it. The section states no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
The stated policy of the State Department of Education is to ensure that all data it collects, manages, stores, transmits, uses, reports and destroys is handled in a way that preserves and protects individual and collective privacy rights and ensures the confidentiality and security of collected data. The Department may not collect individual student data directly from students or families, except as required to meet its obligations under the Individuals with Disabilities Education Act.
No personally identifiable individual student data may be shared in federally required reporting. Data it sends to the United States Department of Education may include only aggregated data with no personally identifiable data. The Department must keep the data it collects within a secure infrastructure environment and limit access to preidentified staff granted clearance for their job responsibilities.
Those staff must receive regular training in data security and student privacy laws and sign a Data Use Policy assurance of confidentiality and privacy. The Department must maintain a managed external data request procedure run through a Data Governance Committee. Each school district in this State must adopt, maintain and comply with a locally adopted student records governance and use policy. The Department monitors those policies and their implementation in a manner it prescribes through policy.
When LexLint raises it
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