CHAPTER 323
SB 267 - FINAL VERSION
03/27/2019 1135s
8May2019... 1718h
06/27/2019 2595CofC
06/27/2019 2663EBA
2019 SESSION
19-0832
06/10
SENATE BILL 267
AN ACT relative to the release of student assessment information and data.
SPONSORS: Sen. Kahn, Dist 10; Sen. Feltes, Dist 15; Sen. Watters, Dist 4
COMMITTEE: Education and Workforce Development
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ANALYSIS
This bill requires the department of education, for purposes of the statewide assessment program, to provide the testing entity with individual pupil names and unique pupil identifiers.
This bill also requires the testing entity to maintain evaluative materials to measure and report individual student growth.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/2019 1135s
8May2019... 1718h
06/27/2019 2595CofC
06/27/2019 2663EBA 19-0832
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the release of student assessment information and data.
Be it Enacted by the Senate and House of Representatives in General Court convened:
323:1 New Section; Statewide Assessment Program; Pupil Assessment Information. Amend RSA 193-C by inserting after section 11 the following new section:
193-C:12 Pupil Assessment Information. The department shall provide the testing entity as defined in RSA 189:65, VIII, with individual pupil names and unique pupil identifiers. The testing entity shall maintain the results, scores, or other evaluative materials for the purpose of measuring and reporting individual student growth. The department may provide the assessment results and comparative data to a parent, a legal guardian, or the pupil's school as provided in RSA 193-C:11. The testing entity shall destroy all student data after 8 years.
323:2 Statewide Assessment Program; Disclosure of Information. Amend RSA 189:67, II to read as follows:
II. A school or the department may disclose to a testing entity the student's name [or], unique pupil identifier, [but not both,] and birth date for the sole purpose of identifying the test taker. Except when collected in conjunction with the SAT or ACT[,]:
(a) When such tests are used for the purpose of the state assessment as defined in RSA 193-C:6, the data shall be [destroyed] maintained by the testing entity [as soon as the testing entity has completed the verification of test takers,] in accordance with RSA 193-C:12.
(b) The data shall not be disclosed by the testing entity to any other person, organization, entity, or government or any component thereof, other than the [district,] parent or guardian, the department, school or school district, and shall not be used by the testing entity for any other purpose [whatsoever, including but not limited to test-data analysis] except as provided in RSA 193-C:12.
323:3 Statewide Assessment Program; Disclosure of Information. Amend RSA 189:67, III to read as follows:
III. Except as provided in RSA 193-C:12 or when collected in conjunction with the SAT or ACT, when such tests are used for the purpose of the state assessment as defined in RSA 193-C:6, neither a school nor the department shall disclose or permit the disclosure of student or teacher personally-identifiable data, the unique pupil identifier, or any other data listed in RSA 189:68, I to any testing entity performing test-data analysis. The testing entity may perform the test analysis but shall not connect such data to other student data.
323:4 Statewide Assessment Program; Student Privacy. Amend the introductory paragraph of RSA 189:68, I to read as follows:
I. Except as provided in RSA 193-C:12, the department shall not collect or maintain the following data in the SLDS:
323:5 Statewide Assessment Program; Unique Pupil Identification. Amend RSA 193-E:5, I(a) to read as follows:
(a) Except as provided in RSA 193-C:12, no personally identifiable information about a pupil including name and social security number, shall be collected or maintained by the state in such a manner as to allow such information to be connected with the unique pupil identifier. Under no circumstances shall the department of education obtain or use a social security number as an identifier for any pupil. The department shall not use unique pupil identifiers except in connection with the data warehouse and such use shall not be accessible to the public.
323:6 Statewide Assessment Program; Unique Pupil Identification. Amend RSA 193-E:5, I(l) to read as follows:
(l) Except as provided in RSA 193-C:12, the department of education shall provide no personally identifiable information collected pursuant to this chapter, including but not limited to name, date of birth, or social security number to any person or entity, other than an early childhood program, district, or postsecondary institution authorized to access this data, absent a court order. Under no circumstances shall personally identifiable information or the unique pupil identifier be provided to any person or entity outside of New Hampshire. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.
323:7 New Paragraph; Statewide Assessment Program; Definitions; Testing Entity. Amend RSA 193-C:2 by inserting after paragraph IV the following new paragraph:
V. "Testing entity" means any vendor contracted to provide the statewide assessment under RSA 193-C:6.
323:8 Effective Date. This act shall take effect 60 days after its passage.
Approved: Enacted in accordance with Part II, Article 44 of N.H. Constitution, without signature of the governor, August 13, 2019.
Effective Date: October 12, 2019
| Date | Body | Type |
|---|---|---|
| March 12, 2019 | Senate | Hearing |
| March 28, 2019 | Senate | Floor Vote |
| March 27, 2019 | Senate | Floor Vote |
| March 27, 2019 | Senate | Floor Vote |
| April 10, 2019 | House | Hearing |
| April 30, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 8, 2019 | House | Floor Vote |
| June 13, 2019 | House | Floor Vote |
| June 13, 2019 | House | Floor Vote |
| June 27, 2019 | House | Floor Vote |
| June 27, 2019 | Senate | Floor Vote |
Oct. 12, 2019: Law Without Signature 08/13/2019; Chapter 323; Effective 10/12/2019; Art 44, Pt II, NH Constitution
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 56
June 27, 2019: Enrolled Bill Amendment # 2019-2663e Adopted, VV, (In recess of 06/27/2019); SJ 21
June 27, 2019: Enrolled Bill Amendment # 2019-2663e: AA VV 06/27/2019 HJ 20 P. 56
June 27, 2019: Conference Committee Report # 2019-2595c, Adopted, VV; 06/27/2019; SJ 21
June 27, 2019: Conference Committee Report 2595c: Adopted, RC 206-146 06/27/2019 HJ 20 P. 18
June 13, 2019: Conference Committee Report # 2019-2595c Filed 06/13/2019; House Amendment + New Amendment
June 13, 2019: Conference Committee Report # 2019-2595c Filed 06/13/2019; House Amendment + New Amendment
June 19, 2019: Committee of Conference Meeting: 06/19/2019, 09:00 am, Room 100, SH
June 6, 2019: Speaker Appoints: Reps. Myler, Luneau, Tanner, Mullen 06/06/2019 HJ 18 P. 45
June 6, 2019: House Accedes to Senate Request for CofC (Rep. Myler): MA VV 06/06/2019 HJ 18 P. 45
June 6, 2019: President Appoints: Senators Kahn, Morgan, Starr; (In Recess 06/06/2019); SJ 20
June 6, 2019: Sen. Kahn Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; (In Recess 06/06/2019); SJ 20
May 8, 2019: Ought to Pass with Amendment 2019-1718h: MA RC 208-133 05/08/2019 HJ 15 P. 73
May 8, 2019: FLAM # 2019-1847h (Rep. Ladd): AF RC 132-203 05/08/2019 HJ 15 P. 73
May 8, 2019: Amendment # 2019-1718h: AA VV 05/08/2019 HJ 15 P. 73
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2019-1718h (Vote 16-2; RC)
May 8, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-1718h for 05/08/2019 (Vote 16-2; RC) HC 23 P. 15
April 30, 2019: Executive Session: 04/30/2019 10:00 am LOB 207
April 10, 2019: Public Hearing: 04/10/2019 01:00 pm LOB 207
March 20, 2019: Introduced 03/20/2019 and referred to Education HJ 11 P. 74
March 27, 2019: Ought to Pass with Amendment 2019-1135s, RC 13Y-10N, MA; OT3rdg; 03/27/2019; SJ 10
March 27, 2019: Committee Amendment # 2019-1135s, AA, VV; 03/27/2019; SJ 10
March 27, 2019: Special Order to the beginning of the regular calendar, Without Objection, MA; 03/27/2019; SJ 10
March 27, 2019: Committee Report: Ought to Pass with Amendment # 2019-1135s, 03/27/2019; SC 15
March 28, 2019: Committee Report: Ought to Pass with Amendment # 2019-1135s, 03/28/2019; SC 15
March 12, 2019: Hearing: 03/12/2019, Room 103, LOB, 09:00 am; SC 12
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Education and Workforce Development; SJ 4