Model Student Data Privacy and Security Policy
MODEL STUDENT DATA PRIVACY AND SECURITY POLICY
Drafted by the Data Management Council and adopted by the Idaho State Board of Education
Effective August 14, 2014
The efficient collection, analysis, and storage of student information is essential to improve the education of our students. As the use of student data has increased and technology has advanced, the need to exercise care in the handling of confidential student information has intensified. The privacy of students and the use of confidential student information is protected by federal and state laws, including the Family Educational Rights and Privacy Act (FERPA) and the Idaho Student Data Accessibility, Transparency and Accountability Act of 2014 (Idaho Data Accountability Act).
Student information is compiled and used to evaluate and improve Idaho’s educational system and improve transitions from high school to postsecondary education or the workforce. The Data Management Council (DMC) was established by the Idaho State Board of Education to make recommendations on the proper collection, protection, storage and use of confidential student information stored within the Statewide Longitudinal Data System (SLDS). The DMC includes representatives from K-12, higher education institutions and the Department of Labor.1
This model policy is required by the Idaho Data Accountability Act. In order to ensure the proper protection of confidential student information, each school district and public charter school shall adopt, implement and electronically post this policy. It is intended to provide guidance regarding the collection, access, security and use of education data to protect student privacy. This policy is consistent with the DMC’s policies regarding the access, security and use of data maintained within the SLDS.2 Violation of the Idaho Data Accountability Act may result in civil penalties.3
Administrative Security consists of policies, procedures, and personnel controls including security policies, training, and audits, technical training, supervision, separation of duties, rotation of duties, recruiting and termination procedures, user access control, background checks, performance evaluations, and disaster recovery, contingency, and emergency plans. These measures ensure that authorized users know and understand how to properly use the system in order to maintain security of data.
Aggregate Data is collected or reported at a group, cohort or institutional level and does not contain PII.
Data Breach is the unauthorized acquisition of PII.
1 Data Management Council
2 Data Management Council Policies and Procedures
3 Idaho Code Title 33, Section 133
Logical Security consists of software safeguards for an organization’s systems, including user identification and password access, authenticating, access rights and authority levels. These measures ensure that only authorized users are able to perform actions or access information in a network or a workstation.
Personally Identifiable Information (PII) includes: a student’s name; the name of a student’s family; the student’s address; the students’ social security number; a student education unique identification number or biometric record; or other indirect identifiers such as a student’s date of birth, place of birth or mother’s maiden name; and other information that alone or in combination is linked or linkable to a specific student that would allow a reasonable person in the school community who does not have personal knowledge of the relevant circumstances, to identify the student.
Physical Security describes security measures designed to deny unauthorized access to facilities or equipment.
Student Data means data collected at the student level and included in a student’s educational records.
Unauthorized Data Disclosure is the intentional or unintentional release of PII to an unauthorized person or untrusted environment.
School districts and public charter schools shall follow applicable state and federal laws related to student privacy in the collection of student data.
Unless prohibited by law or court order, school districts and public charter schools shall provide parents, legal guardians, or eligible students, as applicable, the ability to review their child’s educational records.
The Superintendent, administrator, or designee, is responsible for granting, removing, and reviewing user access to student data. An annual review of existing access shall be performed.
Access to PII maintained by the school district or public charter school shall be restricted to: (1) the authorized staff of the school district or public charter school who require access to perform their assigned duties; and (2) authorized employees of the State Board of Education and the State Department of Education who require access to perform their assigned duties; and (3) vendors who require access to perform their assigned duties.
School districts and public charter schools shall have in place Administrative Security, Physical Security, and Logical Security controls to protect from a Data Breach or Unauthorized Data Disclosure.
School districts and public charter schools shall immediately notify the Executive Director of the Idaho State Board of Education and the State Superintendent of
Public Instruction in the case of a confirmed Data Breach or confirmed Unauthorized Data Disclosure.
School districts and public charter schools shall notify in a timely manner affected individuals, students, and families if there is a confirmed Data Breach or confirmed Unauthorized Data Disclosure.
Publicly released reports shall not include PII and shall use Aggregate Data in such a manner that re-identification of individual students is not possible. School district or public charter school contracts with outside vendors involving student data, which govern databases, online services, assessments, special education or instructional supports, shall include the following provisions which are intended to safeguard student privacy and the security of the data:
o Requirement that the vendor agree to comply with all applicable state and federal law;
o Requirement that the vendor have in place Administrative Security, Physical Security, and Logical Security controls to protect from a Data Breach or Unauthorized Data Disclosure;
o Requirement that the vendor restrict access to PII to the authorized staff of the vendor who require such access to perform their assigned duties;
o Prohibition against the vendor’s secondary use of PII including sales, marketing or advertising;
o Requirement for data destruction and an associated timeframe; and
o Penalties for non-compliance with the above provisions.
School districts and public charter schools shall clearly define what data is determined to be directory information.
If a school district or public charter school chooses to publish directory information which includes PII, parents must be notified annually in writing and given an opportunity to opt out of the directory. If a parent does not opt out, the release of the information as part of the directory is not a Data Breach or Unauthorized Data Disclosure.
Electronic Code of Federal Regulations pertaining to FERPA: 34 CFR Part 99 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=11975031b82001bed902b3e73f33e604&rgn=div5&view=text&node=34:184.108.40.206.33&idno=34
U.S. Department of Education, Family Policy Compliance Office http://www2.ed.gov/policy/gen/guid/fpco/index.html
Idaho Student Data Accessibility, Transparency and Accountability Act of 2014, Idaho Code Title 33, Section