AN ACT relative to the release of student assessment information and data.


SPONSORS: Rep. Cordelli, Carr. 4; Rep. Ladd, Graf. 4; Rep. M. Moffett, Merr. 9; Rep. Hobson, Rock. 35; Rep. Layon, Rock. 6; Rep. J. Osborne, Rock. 4; Sen. Avard, Dist 12; Sen. Ward, Dist 8


COMMITTEE: Education






This bill:


I.  Permits the department of education to collect student address information for the purpose of distributing assessment results.


II.  Requires a testing entity to destroy student data at certain times.


III.  Makes violation of disclosure of information provisions a felony.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty One


AN ACT relative to the release of student assessment information and data.


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


1  Statewide Assessment Program; Pupil Assessment Information.  Amend RSA 193-C:12 to read as follows:

193-C:12 Pupil Assessment Information.  The department shall provide the testing entity as defined in RSA 189:65, VIII, with individual pupil names and unique pupil identifiers. The testing entity shall maintain the results, scores, or other evaluative materials for the purpose of measuring and reporting individual student growth. The department may provide, or may request the testing entity to provide, the assessment results and comparative data to a parent, a legal guardian, or the pupil's school as provided in RSA 193-C:11. The department may collect, and the districts shall provide, student address information from the individual school districts solely for the purpose of effectuating the distribution of assessment results and comparative data as provided in this section.  The testing entity shall destroy all student data after [8 years] reporting on students through grade 8 or when a student is no longer enrolled in a New Hampshire public school.

2  Statewide Assessment Program; Disclosure of Information.  Amend RSA 189:67, II to read as follows:

II.(a)  A school or the department may disclose to a testing entity the student's name, unique pupil identifier, and birth date for the sole purpose of identifying the test taker. Except when collected in conjunction with the SAT or ACT:

[(a)] (1)  When such tests are used for the purpose of the state assessment as defined in RSA 193-C:6, the data shall be maintained by the testing entity in accordance with RSA 193-C:12.

[(b)] (2)  The data shall not be disclosed by the testing entity to any other person, organization, entity, or government or any component thereof, other than the parent or guardian, the department, school or school district, and shall not be used by the testing entity for any other purpose except as provided in RSA 193-C:12.

(b)  Any person who knowingly violates the provisions of subparagraph (a) shall be guilty of a class B felony.

3  Effective Date.  This act shall take effect upon its passage.