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,

When such tests are used for the purpose of the state assessment as defined in RSA 193-C:6, the data shall be destroyed by the testing entity as soon as the testing entity has completed the verification of test takers,

shall not be disclosed by the testing entity to any other person, organization, entity or government or any component thereof, other than the district, 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 .

323:3 Statewide Assessment Program; Disclosure of Information. Amend RSA 189:67, III to read as follows:

III. Except 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. 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) 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) 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

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 , unique pupil identifier, and birth date for the sole purpose of identifying the test taker. Except when collected in conjunction with the SAT or ACTdestroyedas soon as the testing entity has completed the verification of test takers,district,whatsoever, including but not limited to test-data analysis except as provided inRSA 193-C:12* .

323:3 Statewide Assessment Program; Disclosure of Information. Amend RSA 189:67, III to read as follows:

III. Except as provided inRSA 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 inRSA 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 inRSA 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 inRSA 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