Summary of 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/

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