Amendments	Fiscal Memos
HA0801	Amendment 1-0 to HB1549
HA0803	Amendment 2-0 to HB1549
HA0804	Amendment 3-0 to HB1549
HA0805	Amendment 4-0 to HB1549

	Amendments	Fiscal Memos
SA0745	Amendment 1-1 to SB1835
SA0746	Amendment 1-1 to SB1835
SA0767	Amendment 2- to SB1835
SA0837	Amendment 3- to SB1835

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill requires that any educational standards for public schools be adopted freely by the state board of education which, except as provided below, may change, adjust or recede from a standard at any time. This bill states that no educational standards will be imposed on the state by the federal government.

This bill requires that any change or addition to an educational standard be posted for public review on the state board's web site for at least 60 days before the state board meeting during which the adoption is to be considered. The state board may vote on adoption of standards or proposed changes or additions only at a public meeting at which a quorum is in attendance.

This bill also provides that after July 1, 2014, no educational standards will be adopted by the state board until the education committees of the house of representatives and the senate have both conducted hearings on the standards.

This bill requires that the data collected from the use or testing under educational standards must be used for the sole purpose of tracking the academic progress and needs of students. No personally identifiable data on students or their families' religion, political party, voting history, biometric information, or psychometric data will be collected, tracked, housed with, reported to or shared with the federal government. No student data will be collected for the purpose of developing commercial products or services for political purposes.

ON MARCH 10, 2014, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1549, AS AMENDED.

AMENDMENT #1 rewrites this bill. Like the introduced bill, this amendment states that no educational standards may be imposed on the state by the federal government and that any adoption of educational standards for the public schools of the state must be done freely by the state board of education which, may change, adjust or recede from a standard at any time.

This amendment requires that a proposed change or addition to an educational standard, including, but not limited to, the Next Generation Science Standards, the National Curriculum Standards for Social Studies, the National Health Education Standards, or the National Sexuality Education Standards be posted for public review on the state board's web site and submitted to the education committees of the house of representatives and the senate at least 60 days before the state board meeting during which the final adoption of the proposed standard is to be considered. The state board may vote on adoption of standards or proposed changes or additions only at a public meeting at which a quorum is in attendance.

This amendment prohibits the state board from joining a testing consortium inclusive of multiple states that requires the adoption of common standards in social studies or science subjects, unless the board provides at least 60 days' notice to the education committees of the house of representatives and the senate and posts such notice on its web site at least 60 days before officially joining any such consortium.

This amendment specifies that data collected from the use of or testing under educational standards adopted by the state board must be used for the sole purpose of tracking the academic prowess and needs of students.

This amendment also establishes certain requirements regarding the collection and release of data by the department of education and state board of education.

BOARD OF EDUCATION

This amendment requires the state board of education to:

(1) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system, along with the purpose or reason for inclusion in the data system;
(2) Develop, publish and make publicly available policies and procedures to comply with federal and state privacy laws. This amendment details minimum requirements for these policies and procedures, such as restricting access to student data to certain persons; requiring that the department only use aggregate data in public reports; requiring the commissioner to develop criteria for the approval of research and data requests; and requiring that students and parents are notified of their rights under federal and state law;
(3) Develop a detailed data security plan for data systems;
(4) Ensure compliance by the department with federal and state privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this amendment, including the performance of compliance audits;
(5) Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; and
(6) Notify the governor and the general assembly annually of the following:
(A) New student data proposed for inclusion in the state student data system;
(B) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education;
(C) Any exceptions granted by the state board in the past year regarding the release or out-of-state transfer of student or de-identified data accompanied by an explanation of each exception; and
(D) The results of any and all privacy compliance and security audits completed in the past year.

DEPARTMENT OF EDUCATION

Unless otherwise approved by the state board, this amendment prohibits the department of education from transferring student or de-identified data deemed confidential under this amendment to any federal, state or local agency or other organization or entity outside of the state, except when:

(1) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer;
(2) A student leaves the state to attend an out-of-state institution of higher education or training program;
(3) A student registers for or takes a national or multistate assessment;
(4) A student voluntarily participates in a program for which such a data transfer is a condition or requirement of participation;
(5) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or
(6) A student is classified as "migrant" for federal reporting purposes.

This amendment requires the department to develop a model student records policy for LEAs that requires an LEA to, among other things, annually notify parents and guardians of their right to request student information; ensure security when providing student data to parents or guardians; and ensure that LEAs have a plan to allow parents and guardians to view online, download, and transmit data specific to their children's educational records.

This amendment requires the department to develop the model student records policy by December 31, 2014.

LEAs

This amendment requires an LEA to adopt the above-described model policy or develop its own policy prior to the beginning of school for the 2015-2016 school year. Before implementing a policy other than the model policy, an LEA must submit the policy to the department for approval.

This amendment also provides the following in regard to LEAs and student data:

(1) LEAs must provide parents or guardians with an electronic copy of their children's educational records upon request; and
(2) LEAs and schools are prohibited from collecting individual student data on political affiliation, religion, voting history, and firearms ownership.

OTHER PROVISIONS

This amendment specifies that parents and guardians have the right to inspect and review their children's education records maintained by a school and have the right to request student data specific to their children's educational records.

This amendment provides that any collection of student data by the department existing on July 1, 2014, will not be considered a new student data collection under this amendment (as described above under BOARD OF EDUCATION in (6)(A)).

Under this amendment, unless explicitly mandated by state or federal law, a state agency or education institution must obtain written consent from parents or students, in the case of students 18 years of age or older, before collecting any individual student biometric data, student data relative to analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, or data resulting from state or national assessments or surveys that measure attitudes or perceptions toward drugs, alcohol or sex. This amendment prohibits a state agency or education institution from pursuing or accepting any grant whether from the federal government or any private entity that requires collecting or reporting information in violation of these provisions. No state or national student assessment may be adopted or administered in this state that requires collecting or reporting information in violation of these provisions.

For purposes of this amendment, "student data" means data collected or reported at the individual student level that is included in a student's educational record and includes information such as state and national assessment results, including information on untested public school students; course grades and grade point average; date of birth, grade level and expected graduation date or graduation cohort; and special education.

ON MARCH 17, 2014, THE SENATE SUBSTITUTED HOUSE BILL 1549 FOR SENATE BILL 1835, ADOPTED AMENDMENTS #2 AND #3, AND PASSED HOUSE BILL 1549, AS AMENDED.

AMENDMENT #2 adds a requirement that the state board of education obtain the approval of the general assembly by passage of resolutions in each house prior to the board joining a multi-state testing consortium that requires common standards in social studies or science subjects.

AMENDMENT #3 removes the requirement that the general assembly must approve the joining of a testing consortium by resolutions of the senate and house of representatives before the state board could join any such consortium.

ON APRIL 3, 2014, THE HOUSE NON-CONCURRED WITH SENATE AMENDMENTS #2 AND #3.

ON APRIL 10, 2014, THE SENATE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING SENATE AMENDMENTS #2 AND #3.

ON APRIL 14, 2014, THE HOUSE REFUSED TO RECEDE IN ITS NON-CONCURRENCE OF SENATE AMENDMENTS #2 AND #3 AND APPOINTED A CONFERENCE COMMITTEE.

ON APRIL 16, 2014, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

ON APRIL 17, 2014, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.