Summary of the Student Data Privacy Act (SDPA)
In accordance with the Kansas Student Data Privacy Act, K.S.A. § 72-6312 through K.S.A. § 72-6320 (SDPA) and Board Policy IDEA (Student Privacy), this notice is provided to parents / guardians concerning when the district is allowed to disclose student data maintained in a statewide longitudinal data system to third parties.
Such student data may be disclosed to:
- The authorized personnel of an educational agency or the state board of regents who requires disclosures to performed assigned duties, and
- The student and the parent or legal guardian of the student, provided the data pertains solely to the student.
In addition, student data maintained in a statewide longitudinal data system may be disclosed to authorized personnel of any state agency, or to a service provider of a state agency, educational agency, or school performing instruction, assessment, or longitudinal reporting, if there is a data-sharing agreement between the educational agency and such other state agency or service provider that provides the following:
- Purpose, scope and duration of the data-sharing agreement;
- A restriction that the recipient of student data use such information solely for the purposes specified in agreement;
- A requirement that the recipient comply with data access, use, and security restrictions specifically described in agreement; and
- A requirement that student data be destroyed when no longer necessary for purposes of the data-sharing agreement or upon expiration of the agreement, whichever occurs first.
A service provider engaged to perform a function of instruction may be allowed to retain student transcripts as required by applicable laws and rules and regulations.
Unless an adult student or parent or guardian of a minor student provides written consent to disclose personally identifiable student data, student data may only be disclosed to a governmental entity not specified above or any public or private audit and evaluation or research organization if the data is aggregate data. “Aggregate data” means data collected or reported at the group, cohort, or institutional level and which contains no personally identifiable student data.
The district may disclose:
- Student directory information when necessary and the student’s parent or legal guardian has consented in writing;
- Directory information to an enhancement vendor providing photography services, class ring services, yearbook publishing services, memorabilia services, or similar services;
- Any information requiring disclosure pursuant to state statutes;
- Student data pursuant to any lawful subpoena or court order directing such disclosure; and
- Student data to a public or private postsecondary educational institution for purposes of application or admission of a student to such postsecondary educational institution with the student’s written consent.