Summary of the Student Data Privacy Act (SDPA)

  • State law passed during 2014 legislative session

    Major requirements for school districts:

    • Requires annual notice to parents of SDPA and signed acknowledgement of receipt
    • Places restrictions on sharing of student data
      • Districts must have data sharing agreements when sharing personally identifiable student data (covering data security, data destruction or return)
      • Districts may share aggregate student data without data sharing agreement
    • Places restrictions on collection of student data
      • Requires written parental consent to:
        • Collect biometric data (retina scans, fingerprints, handwriting samples)
        • Assess a student's psychological or emotional state
        • Administer surveys that relate to views on:
          • Sex
          • Religion
          • Family life
          • Morality
    • Some overlap and conflict with Family Education Rights and Privacy Act (FERPA)
      • FERPA still primary law regulating confidentiality of student records. SDPA does not change FERPA but still unclear what happens where laws overlap.
    • Must notify parents if breach of confidentiality

    Questions please contact General Administration or Staff Counsel

    Full text of the law and legislative summary can be found here: http://www.kslegislature.org/li/b2013_14/measures/sb367/