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/