Privacy in education.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0403

HOUSE BILL
NO.

HB0179

Privacy in education.

Sponsored by:
Representative(s) Hutchings, Hunt, Kroeker, Loucks and
Winters
and Senator(s) Geis

A BILL

for

AN ACT relating to public education; providing for consent prior to collection, storage, access or sharing of student's educational or personal information; providing for retention of consents; providing for penalties; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 21
‑
2
‑
205 is created to read:

21-2-205.

Privacy
in education act; penalty.

(a)

Any data that is or may be construed to be related to any student's education or to any student's personal information that any public entity desires to
collect
, store or access shall not be collected, stored or
accessed without the express written consent of the student, or the student's parents or guardians if the student is a minor. The student, or the student's parents or guardians in the case of a minor, shall be explicitly informed as to what specific data will be collected, how it will be collected, the name and contact information of the entity collecting the data and for what purpose the data is being collected.

(b)

Any data that is or may be construed to be related to any student's education or to any student's personal information that is collected, stored or accessed by any public entity shall not be shared with any other public or private entity without the express written consent of the student, or the student's parents or guardians if the student is a minor. The student, or the student's parents or guardians in the case of a minor, shall be explicitly informed as to what specific data will be shared, the name and contact information of the entity with whom the data will be shared, for what purpose the data is being shared and how the data will be used.

(c)

The consent required under subsections (a) and (b) of this section shall be obtained each calendar year in
which data is collected or shared. Written consent forms shall be stored at the site of the entity that originates the request for data collection or data sharing and shall be accessible by the student, and the student's parents and guardians if the student is a minor, for twenty (20) years after the data collection or data sharing occurs.

(d)

Any violation of this section
is a misdemeanor punishable by a fine of not more than
one thousand
dollars ($
1,00
0.00).

Section 2.

W.S. 21
‑
2
‑
204(
h)(iii) and 21
‑
16
‑
1308(c)(intro) are amended to read:

21
‑
2
‑
204.

Wyoming Accountability in Education Act; statewide education accountability system created.

(h)

Measured performance results obtained and collected pursuant to this section, together with subsequent actions responding to results, shall be combined with other information and measures maintained and acquired under W.S. 21
‑
2
‑
202(
a)(xxi), 21
‑
2
‑
304(a)(v)(H), 21
‑
3
‑
110(a)(xxiv) and otherwise by law, to be used as the basis of a statewide system for providing periodic and
uniform reporting on the progress of state public education achievement compared to established targets. The statewide accountability system shall include a process for consolidating, coordinating and analyzing existing performance data and reports for purposes of aligning with the requirements of this section and for determinations of student achievement incorporated into the statewide system. In establishing a reporting system under this subsection, the department shall describe the performance of each public school in Wyoming. The performance report shall:

(iii)

Subject to W.S. 21
‑
2
‑
205, p
rovide longitudinal information to track student performance on a school, district and statewide basis;

21
‑
16
‑
1308.

Administration; rules and regulations.

(c)

Subject to W.S. 21
‑
2
‑
205, t
he department shall establish annual reporting procedures for purposes of policy analysis and program evaluation and providing accurate data to the legislature and governor relative to the program's impact on the state and on students. In developing the annual reporting procedure the department shall consult with the
University
of
Wyoming
and community
college financial aid officers and registrars or their designees. It is the intention of the legislature that the reporting system and the requirements thereof shall be applicable to all recipients of scholarships under this article. Compliance with this section shall be made a condition of receiving a scholarship under this article. For any student attending more than one (1) eligible institution, the home institution shall be responsible for data reporting for that student, and any other eligible institution shall cooperate as necessary with the home institution to fulfill that duty. The reporting system shall include the following information:

Section

3.

W.S. 21
‑
2
‑
202(a)(xxxiv) and 21
‑
2
‑
203(a), as amended by 2013 Wyoming Session Laws, Chapter 1, are amended to read

21
‑
2
‑
202.

Duties of the director.

(a)

In addition to any other duties assigned by law, the director shall:

(xxxiv)

Subject to W.S. 21
‑
2
‑
205, w
ith the
department of enterprise technology services
, establish
criteria for the collection, storage, management and reporting of department of education data related to teacher certification and the administration of the school finance system.

21
‑
2
‑
203.

School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.

(a)

Subject to W.S. 21
‑
2
‑
205, t
he department shall collect data for the state's school finance system and in accordance with rule and regulation of the director, administer the Wyoming education resource block grant model adopted by the Wyoming legislature pursuant to W.S. 21
‑
13
‑
309. As used in this section, "school finance system" means all statutes related to the terms and conditions under which funds from Wyoming sources are made available under Wyoming law to the public schools for school operations. The school finance system established following a 1995 Wyoming supreme court decision, and subsequently modified and recalibrated as required under W.S. 21
‑
13
‑
309(t), is extremely complex and requires timely and accurate data to be administered fairly and accurately. It
is essential that a single entity be established to ensure that fair and accurate administration is accomplished.

Section 4.

W.S. 21
‑
2
‑
202(a)(xxxiv) and 21
‑
2
‑
203(a), as in effect prior to enactment of 2013 Wyoming Session Laws, Chapter 1, are amended to read:

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent
shall:

(xxxiv)

Subject to W.S. 21
‑
2
‑
205, w
ith the department of enterprise technology services, establish criteria for the collection, storage, management and reporting of department of education data related to teacher certification and the administration of the school finance system.

21
‑
2
‑
203.

School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.

(a)

Subject to W.S. 21
‑
2
‑
205, t
he department shall collect data for the state's school finance system and in accordance with rule and regulation of the state superintendent, administer the Wyoming education resource block grant model adopted by the Wyoming legislature pursuant to W.S. 21
‑
13
‑
309. As used in this section, "school finance system" means all statutes related to the terms and conditions under which funds from Wyoming sources are made available under Wyoming law to the public schools for school operations. The school finance system established following a 1995 Wyoming supreme court decision, and subsequently modified and recalibrated as required under W.S. 21
‑
13
‑
309(t), is extremely complex and requires timely and accurate data to be administered fairly and accurately. It is essential that a single entity be established to ensure that fair and accurate administration is accomplished.

Section 5.

(a)

Sections 1 and 2 of this act are effective July 1, 2014.

(b)

Section 3 of this act is effective July 1, 2014,
except as provided by subsection (c) of this section.(c)

If a final order by the district court of Laramie County, Wyoming, is issued implementing without change the final ruling of the Wyoming Supreme Court issued January 28, 2014, in the case of
Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming, and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacity [Docket No. S-13-0052]
, then upon expiration of time for appeal of that order, or if appealed, upon issuance of a final order or mandate of the Wyoming Supreme Court confirming the district court final order, the Governor shall certify the entry of the district court final order. The Governor shall immediately file any certification under this section together with the final order with the secretary of state. If the certification is filed with the secretary of state after July 1, 2014, section 4 of this act is effective upon filing and shall supersede section 3 of this act. If the certification is filed with the secretary of state before July 1, 2014, section 4 of this act is effective July 1, 2014 and shall supersede section 3 of this act.

(END)

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HB0179