Revision: May 14, 2019, 1:40 p.m.
SB 267 - AS AMENDED BY THE HOUSE
03/27/2019 1135s
8May2019... 1718h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:
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 10 years.
2 Statewide Assessment Program; Disclosure of Information. Amend RSA 189:67 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.
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.
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:
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.
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.
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.
8 Effective Date. This act shall take effect 60 days after its passage.
19-0832
Amended 5/13/19
SB 267- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-1718h)
AN ACT relative to the release of student assessment information and data.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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METHODOLOGY:
This bill requires the Department of Education to provide individual pupil names and unique pupil identifiers to the testing entities implementing the statewide assessment program. The testing entities are required to maintain the results of the assessment for the purpose of measuring and reporting individual student growth and destroy all data after 10 years. The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county, and local expenditures or revenue.
AGENCIES CONTACTED:
Department of Education