15Apr2004… 1085h

5May2004… 1437h

2004 SESSION

04-3030

04/10

SENATE BILL 333-FN

COMMITTEE: Education

AMENDED ANALYSIS

This bill sets forth requirements for a unique pupil identification system.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Apr2004… 1085h

5May2004… 1437h

04-3030

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

Be it Enacted by the Senate and House of Representatives in General Court convened:

147:1 Purpose Statement. In order to improve pupil achievement, the collection of pupil data is required to:

I. Account for pupil transfers between schools.

II. Respond to the needs of superintendents and administrators to perform gains-based analysis of pupil progress.

III. Help minimize the dropout risk for children.

IV. Improve the ability to make sound policy decisions for the purpose of pupil achievement and improvement.

V. Improve the accuracy of existing aggregate data requests.

VI. Provide reliable data to the citizens of New Hampshire.

VII. Reduce the burden on school districts in aggregating collected data.

147:2 Adequate Public Education; Delivery of an Adequate Education. RSA 193-E:3, IV is repealed and reenacted to read as follows:

IV. Data reported in paragraph I shall be disaggregated as required by federal law and shall include numbers and percentages of pupils with disabilities, limited English proficient pupils, pupils in advanced placement programs, economically disadvantaged pupils, and pupils of major racial and multi-racial groups.

147:3 New Subdivision; Adequate Public Education; Unique Pupil Identification. Amend RSA 193-E by inserting after section 3 the following new subdivision:

Unique Pupil Identification

193-E:4 Definitions. In this subdivision:

I. “Data warehouse” means the electronic system that maintains the information about each public school pupil as set forth in RSA 193-E:3, I. The data warehouse shall not contain the name, address, telephone number, e-mail address, social security number, or any other personally identifiable information about any person.

II. “District of origin” means the New Hampshire school district in which the pupil first enrolled in public school.

III. “Random number generator” means the electronic system that creates unique pupil identification numbers and assigns a unique pupil identification number to a pupil when a school district enters a pupil’s name, date of birth, and gender. The system shall maintain that information and the name of the school district, as the district of origin, and no other information. This system shall not retain the unique pupil identification number.

IV. “Unique pupil identifier” means a randomly generated number assigned to a public school pupil in order to gather pupil level data.

V. “Unique pupil identification system” means an electronic system comprised of the data warehouse and the random number generator.

193-E:5 Unique Pupil Identification.

I. The department of education shall, using federal funds only, implement and maintain a unique pupil identification system on a statewide basis that complies with the following requirements:

(a) No personally identifiable information about a pupil including but not limited to name, date of birth, gender, or social security number, shall be collected or maintained by the state in such a manner as to allow such information to be connected with the unique pupil identifier. Under no circumstances shall the department of education obtain or use a social security number as an identifier for any pupil, or use unique pupil identifiers except in connection with the data warehouse and such use shall not be accessible to the public.

(b) The random number generator shall make available to each school district a unique pupil identifier for each pupil enrolled in a New Hampshire public school. The unique pupil identifier itself shall not permit pupil identification within a sub-category including, but not limited to, school district, sex, age, grade, or county of residence.

(c) The unique pupil identifier shall be requested and maintained by the local school district. The unique pupil identifier shall remain in the pupil’s file throughout his or her elementary and secondary academic career in New Hampshire.

(d) Access to the random number generator shall be limited to a superintendent or designee, and only for pupils enrolled in that school administrative unit. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.

(e) The random number generator shall create and maintain a comprehensive audit trail for all users accessing the system.

(f) The data warehouse shall create and maintain an audit trail for all users accessing secure information.

(g) No person, including an individual, business, government, or governmental entity, shall require an individual to provide a unique pupil identifier as a condition of doing business, providing a service, or receiving a benefit of any kind. Any person or entity violating the provisions of this paragraph shall be liable for actual damages or $25,000, whichever is greater, for each violation. Each denial of services or benefits shall constitute a separate offense under this paragraph.

(h) If a pupil’s records become part of an administrative action outside of the pupil’s school district, or a part of any judicial or quasi-judicial proceeding, the part of the record containing the pupil’s unique pupil identifier shall be redacted by the school district prior to release.

(i) The information maintained in the data warehouse, except for the unique pupil identifier, shall be available to the department of education and to the public using the same database maintained by the department of education. No personally identifiable information shall be required as a condition of access or usage under this subparagraph, nor shall such access or usage be tracked. Under no circumstances shall the unique pupil identifier be made available to the department of education or to the public.

(j) Information maintained in the random number generator shall be exempt from the provisions of RSA 91-A.

(k) Authorized personnel at the department of education shall administer and maintain the unique pupil identification system.

(l) No personally identifiable information, including but not limited to name, date of birth, gender, or social security number, shall be provided to any person or entity absent a court order, and under no circumstances shall personally identifiable information be provided to any person or entity outside of New Hampshire. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.

II. Notwithstanding RSA 193-E:3, II, the legislative oversight committee established in RSA 193-C:7 shall perform any revisions to this section through legislation filed for that purpose.

III. Any contracts or agreements necessary to implement the provisions of this section shall be approved by the governor with the consent of the executive council, and the fiscal committee established in RSA 14:30-a.

147:4 New Paragraph; Statewide Assessment and Improvement Education Program; Legislative Oversight Committee. Amend RSA 193-C:8 by inserting after paragraph VIII the following new paragraph:

IX. Review the unique pupil identification system established in RSA 193-E:5 and propose legislation needed as a result of the review.

147:5 New Paragraph; Public Records and Meetings; Exemptions. Amend RSA 91-A:5 by inserting after paragraph VI the following new paragraph:

VII. Unique pupil identification information collected in accordance with RSA 193-E:5.

147:6 Effective Date. This act shall take effect August 1, 2004.

(Approved: May 24, 2004)

(Effective Date: August 1, 2004)