SB-0658, As Passed Senate, May 15, 2018

SUBSTITUTE FOR

SENATE BILL NO. 658

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1136 (MCL 380.1136), as added by 2016 PA 367.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1136. (1) To Subject to subsection (7), to protect pupil

privacy, the superintendent of public instruction shall ensure that

the department complies with all of the following and the state

budget director shall ensure that CEPI complies with all of the

following:

(a) The department or CEPI shall not sell any information that

is part of a pupil's education records.

(b) ~~Within 30 days after the effective date of this section,~~

By April 2, 2017, the department and CEPI each shall post on its

website a notice of the information it collects for a pupil's

education records. The notice shall include at least an inventory

of all pupil data elements collected by the department or CEPI and

a description of each pupil data element.

pupil data elements in addition to those already disclosed in the

inventory under subdivision (b), the department or CEPI shall post

on its website a notice of the additional pupil data elements it is

proposing to collect and an explanation of the reasons for the

proposal.

(d) The department or CEPI shall not disclose any information

concerning a pupil that is collected or created by the department

or CEPI except in accordance with a policy adopted and made

publicly available by the superintendent of public instruction or

state budget director, as applicable, that clearly states the

criteria for the disclosure of the information.

(e) The department or CEPI shall ensure that any contract it

has with a vendor that allows the vendor access to education

records contains express provisions requiring the vendor to protect

the privacy of education records and provides express penalties for

noncompliance.

(f) If the department or CEPI provides any personally

identifiable information concerning a pupil that is collected or

created by the department or CEPI as part of the pupil's education

records to any person other than the school district, intermediate

school district, public school academy, authorizing body,

preschool, or postsecondary institution in which the pupil is

currently or was formerly enrolled, or the pupil's parent or legal

guardian, then the department or CEPI shall, if the pupil is under

18 years of age or claimed as a dependent on a parent's or legal

guardian's federal income tax return, disclose to the pupil's

parent or legal guardian upon his or her written request all of the

following:

(i) The specific data fields that were disclosed.

(ii) The name and contact information of each person, agency,

or organization to which the information has been disclosed.

(iii) The reason for the disclosure.

(g) The department or CEPI shall disclose the information

under subdivision (f) within 30 days after receiving the written

request and without charge to the parent or legal guardian. If the

department or CEPI considers it necessary to make redacted copies

of all or part of a pupil's education records in order to protect

personally identifiable information of another pupil, the

department or CEPI shall not charge the parent or legal guardian

for the cost of making those copies.

(2) To Subject to subsection (7), to protect pupil privacy,

the board of a school district or intermediate school district or

board of directors of a public school academy shall ensure that the

school district, intermediate school district, or public school

academy complies with all of the following, and the governing board

of an authorizing body shall ensure that the authorizing body

complies with all of the following:

(a) A school district, an intermediate school district, a

public school academy, an educational management organization, or

an authorizing body shall not sell or otherwise provide to a for-

profit business entity any personally identifiable information that

is part of a pupil's education records. This subdivision does not

apply to any of the following situations:

(i) For a pupil enrolled in a public school academy, if the

public school academy has a management agreement with an

educational management organization, the public school academy

providing the information to that educational management

organization.

(ii) Providing the information as necessary for standardized

testing that measures the pupil's academic progress and

achievement.

(iii) Providing the information as necessary to a person that

is providing educational or educational support services to the

pupil under a contract with the school district, intermediate

school district, public school academy, or educational management

organization.

(b) Upon written request by a pupil's parent or legal

guardian, a school district, an intermediate school district, a

public school academy, or an authorizing body shall disclose to the

parent or legal guardian any personally identifiable information

concerning the pupil that is collected or created by the school

district, intermediate school district, public school academy, or

authorizing body as part of the pupil's education records.

school district, intermediate school district, public school

academy, or authorizing body provides any information described in

subdivision (b) to any person, agency, or organization, then the

school district, intermediate school district, public school

academy, or authorizing body shall disclose to the pupil's parent

or legal guardian upon his or her written request all of the

following:

(i) The specific information that was disclosed.

(ii) The name and contact information of each person, agency,

or organization to which the information has been disclosed.

(iii) The legitimate reason that the person, agency, or

organization had in obtaining the information.

(d) A school district, an intermediate school district, a

public school academy, or an authorizing body shall disclose the

information under subdivisions (b) and (c) within 30 days after

receiving the written request and without charge to the parent or

legal guardian. If the school district, intermediate school

district, public school academy, or authorizing body considers it

necessary to make redacted copies of all or part of a pupil's

education records in order to protect personally identifiable

information of another pupil, the school district, intermediate

school district, public school academy, or authorizing body shall

not charge the parent or legal guardian for the cost of those

copies.

(3) ~~Subsection~~ Subject to subsection (7), subsection (2)(c)

does not apply to any of the following situations:

(a) A school district, intermediate school district, public

school academy, or authorizing body providing the information to

the department or CEPI.

(b) A school district, intermediate school district, public

school academy, or authorizing body providing the information to

the pupil's parent or legal guardian.

authorizing body or to an educational management organization with

which it has a management agreement.

(d) A school district or public school academy providing the

information to its intermediate school district or to another

intermediate school district providing services to the school

district or public school academy or its pupils pursuant to a

written agreement.

(e) An intermediate school district providing the information

to a school district or public school academy in which the pupil is

enrolled or to a school district or public school academy for which

the intermediate school district is providing services pursuant to

a written agreement.

(f) An authorizing body providing the information to a public

school academy in which the pupil is enrolled.

(g) Providing the information to a person, agency, or

organization with written consent from the pupil's parent or legal

guardian or, if the pupil is at least age 18, the pupil.

(h) Providing the information to a person, agency, or

organization seeking or receiving records in accordance with an

order, subpoena, or ex parte order issued by a court of competent

jurisdiction.

(i) Providing the information as necessary for standardized

testing that measures the pupil's academic progress and

achievement.

(j) A school district, intermediate school district, public

school academy, or authorizing body providing information that is

covered by the opt-out form described in subsection (6), unless the

pupil's parent or legal guardian or, if the pupil is at least age

18 or is an emancipated minor, the pupil has signed and submitted

the opt-out form under subsection (6)(d).

(4) If Subject to subsection (7), if an educational management

organization receives information that is part of a pupil's

education records from any source as permitted under this section,

the educational management organization shall not sell or otherwise

provide the information to any other person except as provided

under this section.

(5) In addition to ensuring compliance with subsection (1),

the superintendent of public instruction shall ensure that the

department, and the state budget director shall ensure that CEPI,

complies with all other applicable privacy law.

(6) ~~For~~ Subject to subsection (7), for the purposes of this

section, each school district, intermediate school district, public

school academy, or authorizing body shall do all of the following:

(a) Develop a list of uses for which the school district,

intermediate school district, public school academy, or authorizing

body commonly would disclose a pupil's directory information.

(b) Develop an opt-out form that lists all of the uses or

instances under subdivision (a) and allows a parent or legal

guardian to elect not to have his or her child's directory

information disclosed for 1 or more of these uses.

pupil's parent or legal guardian within the first 30 days of the

school year. A school district, intermediate school district,

public school academy, or authorizing body also shall make the form

available to a parent or legal guardian at other times upon

request.

(d) If an opt-out form under subdivision (b) is signed and

submitted to the school district, intermediate school district,

public school academy, or authorizing body by a pupil's parent or

legal guardian, the school district, intermediate school district,

public school academy, or authorizing body shall not include the

pupil's directory information in any of the uses that have been

opted out of in the opt-out form.

(7) The department, CEPI, a school district, an intermediate

school district, a public school academy, an educational management

organization, or an authorizing body shall not disclose the

confidential address of a pupil if the pupil or the pupil's parent

or legal guardian has obtained a participation card issued by the

department of attorney general under the address confidentiality

program act and the parent or legal guardian provides notice of the

issuance of the participation card, in a form and manner prescribed

by the department.

(8) ~~(7)~~ If a pupil is at least age 18 or is an emancipated

minor, the pupil may act on his or her own behalf under subsection

(6).

(9) ~~(8)~~ As used in this section:

(a) "Authorizing body" means that term as defined in part 6a,

6c, or 6e or section 1311b, as applicable.

(b) "CEPI" means the center for educational performance and

information created under section 94a of the state school aid act

of 1979, MCL 388.1694a.

address confidentiality program act.

(d) ~~(c)~~ "Directory information" means that term as defined in

34 CFR 99.3.

(e) ~~(d)~~ "Education records" means that term as defined in 34

CFR 99.3.

(f) ~~(e)~~ "Educational management organization" means that term

as defined in section 503c, 523c, or 553c, as applicable.

(g) ~~(f)~~ "Management agreement" means that term as defined in

section 503c, 523c, or 553c, as applicable.

(h) ~~(g)~~ "Personally identifiable information" means that term

as defined in 34 CFR 99.3.

Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 655 of the 99th Legislature is enacted into

law.