EdLaw
South Dakota — student data reporting and privacy of records (SDCL 13-3-51 to 13-3-51.6)
The Department of Education’s uniform data-reporting duty and its limit to necessary information (SDCL 13-3-51), and the 2014 student-record privacy sections (SL 2014, ch 76): definitions tied to FERPA (13-3-51.1), the consent gate on surveys, analyses and evaluations touching listed sensitive topics (13-3-51.2), the bar on reporting personally identifiable information to the U.S. Department of Education (13-3-51.3), confidentiality and security measures (13-3-51.4), and the aggregate-data savings clauses (13-3-51.5, 13-3-51.6).
SDCL 13-3-51. Data reporting and record systems--Evaluation--Promulgation of rules--Exception
The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking state accreditation shall submit enrollment data, personnel data, and shall verify all state and federal standards for accreditation and approval of schools, including those related to safety and educational equity of the school district or school by October fifteenth of each year. If the due date falls on a weekend or state holiday, the due date is the next business day following the scheduled due date. An annual written evaluation of the educational progress in the state and in each school district shall be submitted to the Legislature and shall be made available in each school district to the general public. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to this section. However, nothing in this section authorizes the collection of information not necessary for the calculation of funding for public education, the determination of student academic progress, state and federal reporting requirements, or other duties prescribed to a school district, the department, or the South Dakota Board of Education Standards by law.
Source: SDC 1939, § 15.0904 (12); SL 1955, ch 41, ch 1, § 3; SL 1957, ch 52, § 4; SDC Supp 1960, § 15.0905 (19); SDCL § 13-1-13; SL 1975, ch 128, § 17; SL 1997, ch 84, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 83, § 1; SL 2012, ch 88, § 2; SL 2014, ch 76, § 2; SL 2017, ch 81, § 57.
SDCL 13-3-51.1. Definitions regarding privacy of records
Terms used in §§ 13-3-51.1 to 13-3-51.6, inclusive, mean:
- (1) "Aggregate data," information from education records in which all personally identifiable information has been removed;
- (2) "Department," the South Dakota Department of Education;
- (3) "Disclosure," "education records," and "personally identifiable information," as defined in 34 C.F.R. § 99.3, as amended to January 1, 2014;
- (4) "Privacy protection laws," the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g), the Protection of Pupil Rights Amendment (20 U.S.C. 1232h), the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.), and any other state or federal law relating to the confidentiality and protection of personally identifiable information, as amended to January 1, 2014.
Source: SL 2014, ch 76, § 1.
SDCL 13-3-51.2. Information not subject to survey, analysis, or evaluation without consent
No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:
- (1) Political affiliations or beliefs of the student or the student's parent;
- (2) Mental or psychological problems or aspects of the student or the student's family;
- (3) Sex behavior or attitudes of the student or the student's family;
- (4) Illegal, anti-social, self-incriminating, or demeaning behavior;
- (5) Critical appraisals of other individuals with whom respondents have close family relationships;
- (6) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
- (7) Religious practices, affiliations, or beliefs of the student or student's parent;
- (8) Personal or family gun ownership; or
- (9) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.
The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.
Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. § 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.
Source: SL 2014, ch 76, § 3.
SDCL 13-3-51.3. Prohibition against reporting personally identifiable information--Exception
The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant to 20 U.S.C. § 6398 to improve programs for migrant students.
Source: SL 2014, ch 76, § 4.
SDCL 13-3-51.4. Department to develop security measures to protect personally identifiable information
Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collection, maintenance, or disclosure of education records by the department shall comply with privacy protection laws in all respects.
Source: SL 2014, ch 76, § 5.
SDCL 13-3-51.5. Disclosure of aggregate data otherwise allowed
Nothing in §§ 13-3-51 to 13-3-51.6, inclusive, prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws.
Source: SL 2014, ch 76, § 6.
SDCL 13-3-51.6. Disclosure of aggregate data necessary for impact aid
Nothing in §§ 13-3-51 to 13-3-51.5, inclusive, prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act.
Source: SL 2014, ch 76, § 7.