PRINTER'S NO. 3168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY LAWRENCE, TALLMAN, BLOOM, KAUFFMAN, BARRAR, GILLEN, TRUITT, MUSTIO, METCALFE, MCGINNIS, MALONEY, C. HARRIS, ROCK, KRIEGER, REESE, DENLINGER, TOOHIL, DUNBAR, REGAN, HACKETT AND EVANKOVICH, MARCH 17, 2014
REFERRED TO COMMITTEE ON EDUCATION, MARCH 17, 2014
1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions,
6prohibiting the release of certain student data and library
19(2) Develop and publish policies and procedures to comply
10(iii) The Department of Education shall develop criteria for
11the approval of research and data requests from State and local
12agencies, the General Assembly, researchers and the public.
13Unless otherwise approved by the State Board of Education to
14release unit or de-identified data in specific instances, the
15Department of Education may only use aggregate data in the
16release of data in response to research and data requests.
19(3) Unless otherwise approved by the State Board of
20Education, the Department of Education may not transfer unit or
21de-identified data to any Federal, State or local agency or
22other organization or entity outside of this Commonwealth, with
23the following exceptions:
30(iv) A student voluntarily participates in a program for
8(4) Develop a detailed data security plan that includes:
12(ii) Privacy compliance standards.
13(iii) Privacy and security audits.
14(iv) Breach notification and procedures.
15(v) Data retention and disposition policies.
16(5) Ensure routine and ongoing compliance by the Department
17of Education with the Family Educational Rights and Privacy Act
18of 1974, other relevant privacy laws and policies and the
19privacy and security policies and procedures developed under the
20authority of this section, including the performance of
22(6) Ensure that any contracts that govern databases,
23assessments or instructional supports include unit or de-
24identified data, and are outsourced to private vendors that
25include express provisions that safeguard privacy and security
26and include penalties for noncompliance.
6(b) (1) Any library in this Commonwealth which is in whole
7or in part supported by public funds, including, but not limited
8to, public, academic, school or special libraries, and having
9records indicating which of its documents or other materials,
10regardless of format, have been loaned to or used by an
11identifiable individual or group shall not disclose such records
12to any person except to:
17(iii) By order of a court of law.
18(2) The requirements of this subsection shall not prohibit
19middle and elementary school libraries from maintaining a system
20of records that identifies the individual or group to whom
21library materials have been loaned even if such system permits a
22determination, independent of any disclosure of such information
23by the library, that documents or materials have been loaned to
24an individual or group.
25(3) All registration information of minors collected by a
26library in this Commonwealth which is supported in whole or in
27part by public funds including, but not limited to, public,
28academic, school or special libraries shall not be disclosed to
29any person except:
30(i) Persons acting only within the legitimate scope of their
1duties in the administration of the library.
4(iii) By order of a court of law.
8(5) For purposes of this subsection, "registration
9information" includes any information required of a minor in
10order to become eligible to borrow books and to utilize library
11services and other materials.
22(1) National and State assessment results.
23(2) Course taking and completion and credits earned.
24(3) Course grades and grade point average.
27(5) Degree, diploma or credential attainment.
29(7) Attendance and mobility.
30(8) Discipline reports limited to objective information
4(10) Special education data.
5(11) Demographic data.
11Section 2. This act shall take effect in 60 days.