Below is a table of 2016 U.S. state legislation relating to the collection, retention and use of student data. The table is up-to-date as of February 3, 2016.

State Bill No. Bill Title Introduced On Status
Arizona SB 1389 Student, teacher data collection; prohibitions 2/1/2016 Introduced
Summary: Requires parental consent for collection; requires written notification to parents of any access or sharing of PII or student-level info; state may not share student/teacher PII w/ feds; defunds SLDS that tracks students beyond K12 or includes SEL data; develop and make publicly available a data inventory, index of data elments w/ definitions; share only aggregate data in response to public record requests; SEA to develop criteria for approval of research and data requests that provide student level records w/ all PII removed; SEA make publicly available security plan, including breach notification; PII may not be transferred outside the state; contract reqs for third parties; penalties for noncompliance: $5,000 per violation for SEA employee and $10,000 per violation for third-party; SEA may not collect and LEA may not report certain information (i.e., PPRA); SEA and LEAs require parental consent to use hardware/software for instruction that collects any user data; SEA and LEAs may not use hardware/software for instruction that "denies access to parents, guardians, or citizens of this state."


Arizona HB 2582 Student, teacher data collection; prohibitions 1/28/2016 Introduced
Summary: Requires parental consent for collection; requires written notification to parents of any access or sharing of PII or student-level info; state may not share student/teacher PII w/ feds; defunds SLDS that tracks students beyond K12 or includes SEL data; develop and make publicly available a data inventory, index of data elmeents w/ definitions; share only aggregate data in response to public record requests; SEA to develop criteria for approval of research and data requests that provide student level records w/ all PII removed; SEA make publicly available security plan, including breach notification; PII may not be transferred outside the state; contract reqs for third parties; penalties for noncompliance: $5,000 per violation for SEA employee and $10,000 per violation for third-party; SEA may not collect and LEA may not report certain information (i.e., PPRA); SEA and LEAs require parental consent to use hardware/software for instruction that collects any user data; SEA and LEAs may not use hardware/software for instruction that "denies access to parents, guardians, or citizens of this state."


Florida HB 1146 Student Data Privacy 1/13/2016 Introduced
Summary: Would prohibit an online operator from selling student PII or using it for targeted advertising or to amass student profiles except for K-12 school purposes. Would allow the use of data for personalized learning and service provision, maintenance, or improvement. (SOPIPA STANDARD)


Georgia SB 281 Education; require schools to provide certain information to students and parents prior to using any digital-learning platform 1/21/2016 Introduced
Summary: Would require an LEA to give students/parents a formal written explanation of the goals and capabilities of any digital learning platform; Would require LEAs only use digital-learning platform that includes a parent portal allowing access to the platform and all the content available to student users; allows parents to opt-out of the digital-learning plaform unless the LEA declares it "essential to its educational mission."


Hawaii HB 1528 Relating to Student Privacy 1/20/2016 Introduced
Summary: SOPIPA


Hawaii 1712 Student data; Computer services 1/22/2016 Introduced
Summary: SOPIPA plus provision: "this act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date."


Hawaii HB 613 Student data; Computer services 1/21/2016 Introduced
Summary: Would prohibit a computer service provider from selling, disclosing, or otherwise processing student data for any commercial or advertising purpose and from processing student data for any purpose other than providing, improving, developing, or maintaining the integrity of its computer-based service (unless they have parental permission). (Carry-over from 2015)


Iowa HF 2053 A bill for an act relating to statewide student assessments and to student data collection by the department of education, school districts, and accredited nonpublic schools 1/19/2016 Introduced
Summary: Would require the state to develop student data privacy, sharing, and security policies, create a public data inventory, report annually to the general assembly on student data collections. Would prohibit out-of-state data sharing unless a student moves or if the data is in aggregate form. Would prevent districts or schools from collecting "sensitive" data including biometric data.


Kansas SB 2533 Creating the student online personal protection act 1/26/2016 Introduced
Summary: SOPIPA


Kansas SB 342 Creating the student online personal protection act 1/21/2016 Introduced
Summary: SOPIPA


Maryland HB 430 Education - Student Data Privacy Council 1/29/2016 Introduced
Summary: Establishes a Student Data Privacy council; requires the Council to study and make recommendations on the implementation of the Student Data Privacy Act of 2015, and review and analyze similar best practices in other states; the Act that established the Council expires after 2 years (May 31, 2018); the Council is required to make recommendations on repealing the termination date to allow the Council to continue its evaluation of student data privacy in the State on a permanent basis.


Missouri HB 1849 Prohibits school districts from collecting biometric information on students without the express written consent of parents or legal guardians 1/6/2016 Introduced
Summary: Would prohibit school districts from collecting biometric data (including fingerprints, facial characteristics, and handwriting) without parental consent.


Missouri SB 989 To amend chapter 160, RSMo, by adding thereto sixteen new sections relating to protecting the privacy of student data, with penalty provisions 1/27/2016 Introduced
Summary:


Nebraska LB 692 Adopt the Student Online Personal Protection Act 1/11/2016 Introduced
Summary: Would prohibit an online operator from selling student PII or using it for targeted advertising or to amass student profiles except for K-12 school purposes. Would allow the use of data for personalized learning, research, and service provision, maintenance, or improvement.


Nebraska LB 1026 Change provisions relating to education technology 1/19/2016 Introduced
Summary: As part of a larger bill, charges the Educational Technology Center within the NE DOE to provide a clearinghouse services that assists in ensuring the privacy and security of users and overall integrity of the data systems.


New Hampshire HB 1497 Relative to the limits on disclosure of information used on college entrance exams 1/6/2016 Introduced
Summary: Would require districts to destroy student PII following the completion and verification of certain tests. Would allow students to have their ACT or SAT PII destroyed after verification when they are used as a state assessment.


New Hampshire HB 301 (New Title) establishing a committee to study New Hampshire's statewide longitudinal data system and any other department of education maintained database that contains student level data 1/8/2016 Introduced
Summary: Would establish a committee to study the state's SLDS and any other database that contains student-level data; committee shall assemble a dictionary of data elements collected; committee shall review the technical specifications given to contracts who designed and built each database; committee shall study the scope, use, and security of district databases and privacy policies.


New Hampshire HB 320 Relative to non-academic surveys administered by a public school to its students 1/6/2016 Introduced
Summary: Would prohibit requiring a student to take a non-academic survey without written parental consent.


New Jersey AB 1015 Permits a student to participate in certain voluntary surveys if the disrict sends piror written notification to the student's parents; limits use of information obtained from a survey 1/16/2014 Introduced
Summary: Allows a student to participate in certain voluntary surveys if the district sends prior written notification to the student's parents; requires informed written parental consent for certain REQUIRED surveys; information obtained through a survey shall not be used for marketing or other commercial purposes not related to education. (Carry-over from 2015)


New Jersey SB 440 Prohibits cloud computing service providers from disclosing data collected from public, private, or charter schools 1/12/2016 Introduced
Summary: Would prohibit cloud computing service providers from disclosing educational records they collect or maintain to anyone other than a student, teacher, or staff member of the school. (Carry-over from 2015)


New Jersey SB 794 Student Digital Privacy and Parental Rights Act 1/12/2016 Introduced
Summary: Would prohibit an online operator from selling student PII or using it for targeted advertising or to amass student profiles except for K-12 school purposes. Would allow the use of data for personalized learning, research, and service provision, maintenance, or improvement. Would require the Commissioner of Education to provide guidance and TA about to schools about preventing and responding to data breaches. (Carry-over from 2015)


New Jersey AB 1272 Student Digital Privacy and Parental Rights Act 1/27/2016 Introduced
Summary:


Rhode Island HB 7297 AN ACT RELATING TO EDUCATION -- RHODE ISLAND EDUCATIONAL RECORDS BILL OF RIGHTS (Ensures parental access to information, materials or results to state assessments of students, including instructions, answer sheets and assessments. It prevents the collection of personally identifiable and personal data.) 1/22/2016 Introduced
Summary: This act would ensure parental access to information, materials or results relating to state assessments of students including instructions, answer sheets and assessment booklets. The act would also prevent the collection and storage of personally identifiable data and personal data.


Rhode Island SB 2171 AN ACT RELATING TO EDUCATION -- PROTECTING STUDENT PRIVACY ON SCHOOL-OWNED TECHNOLOGY (Establishes certain student privacy rights in regard to take-home technology devices from school.) 1/27/2016 Introduced
Summary: Would allow parents to opt out of having their child take a Common Core-aligned PARCC assessment or any similar assessment.


Tennessee HB 2077 AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1 and Title 49, Chapter 2, relative to student records 1/20/2016 Introduced
Summary: LEAs must notify students' parents by automated email each time a student's educational records or PII are accessed; requires an LEA to maintain a record of when, why and by whom student education records or PII is accessed; identify any person accessing electronic student PII on an Internet or cloud-based system authenticated through second factor. (Identical to TN SB 1568)


Tennessee SB 1568 An Act to amend Tennessee Code Annotated, T Itle 49, Chapter 10, Part 14, relative to the Individualized Education Act 1/13/2016 Introduced
Summary: LEA must notify student's parents by automated email each time the student's educational records or PII is accessed; requires an LEA to maintain a record of when, why, and by whom student education records or PII is accessed; identify of any person accessing an electronic student PII on an internet or cloud-based system authenticated through second factor. (Identical to TN HB 2077)


Virginia HB 1334 Students' personally identifiable information 1/16/2015 Signed into law
Summary: Would requires the state DOE to develop and make publicly available policies to ensure state and local compliance with FERPA and state privacy laws (including policies around access to PII and review of requests from public and private entities) and instances of possible disclosures in violation of FERPA.


Virginia HB 519 School-affiliated entities; definition, providing protection for student personal information 1/9/2016 Introduced
Summary: Would require school-affiliated entities (e.g. alumni associations, PTAs, scholarship organizations) to provide information on the student PII they collect and maintain and implement privacy and security policies. Would prohibit these entities from selling student PII or collecting, using, or disclosing it without consent.


Virginia HB 749 School service providers 1/12/2016 Introduced
Summary: SUPER act adopting SOPIPA definitions and langauge. Would prevent service operators from using data for targeted advertising, but allows data use for personalized learning or user-controlled activities.


Virginia HB 438 Public institutions of higher education; social media accounts 1/12/2016 Introduced
Summary: Would prohibit institutions of higher ed from requiring students to disclose their social media usernames or passwords.


West Virginia HB 4261 Prohibiting the sale or transfer of student data to vendors and other profit making entities 1/25/2016 Introduced
Summary: Unless otherwise provided by law, the department shall not transfer student or redacted data that is confidential to any for-profit organization under any circumstances