Law / United States / 
South Dakota
Student education records: Department of Education privacy duties
SDCL secs. 13-3-51.1 and 13-3-51.3 to 13-3-51.6 (SL 2014, ch. 76)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Security, Access restriction, Prohibition
- Audit expectation
- none
What it requires
- If you are the South Dakota Department of Education, do not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education, except information required to be reported to improve programs for migrant students (SDCL sec. 13-3-51.3).
- Treat personally identifiable information from education records as confidential and not a public record, and develop security measures and procedures to protect it from release to unauthorized persons or for unauthorized purposes (SDCL sec. 13-3-51.4).
- Comply with the privacy protection laws (the Family Educational Rights and Privacy Act, the Protection of Pupil Rights Amendment, the Individuals with Disabilities Education Act and other confidentiality law) in all respects in any collection, maintenance, or disclosure of education records (SDCL secs. 13-3-51.1(4) and 13-3-51.4).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Sections 13-3-51.3 and 13-3-51.4 bar a federal-funds report of personally identifiable information, make it confidential and require security measures and procedures. The sections name no log, register or retained record, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Chapter 76 of the 2014 Session Laws (Senate Bill 63) is entitled an act to protect the privacy of the records of individual students. Section 13-3-51.1 defines privacy protection laws to include the Family Educational Rights and Privacy Act, the Protection of Pupil Rights Amendment and the Individuals with Disabilities Education Act. Section 13-3-51.4 makes personally identifiable information from education records confidential and not a public record.
Section 13-3-51.4 requires the Department of Education to develop security measures and procedures to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Section 13-3-51.4 requires any collection, maintenance, or disclosure of education records by the department to comply with the privacy protection laws in all respects.
Section 13-3-51.3 bars the department from reporting personally identifiable information from education records to the United States Department of Education as part of any reporting requirement tied to federal funds. The bar in section 13-3-51.3 does not apply to information required to be reported to improve programs for migrant students. Section 13-3-51.5 does not prohibit the disclosure of aggregate data if otherwise allowed by privacy protection laws.
Section 13-3-51.6 does not prohibit the disclosure of aggregate data necessary to make an application for impact aid. Section 13-3-51.1 adopts the meaning of disclosure, education records and personally identifiable information in the federal regulation at 34 C.F.R. sec. 99.3, and defines aggregate data as information from education records from which all personally identifiable information has been removed. Chapter 76 was signed on and does not state when it takes effect.
Under SDCL sec. 2-14-16, an act of a regular session that does not prescribe when it takes effect takes effect on the first day of July after its passage, so chapter 76 took effect on .
When LexLint raises it
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