2015 -- H 5385

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LC001225

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- RHODE ISLAND EDUCATIONAL RECORDS BILL OF

RIGHTS

     Introduced By: Representatives Keable, O'Brien, and Amore

     Date Introduced: February 11, 2015

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-71 of the General Laws entitled "The Rhode Island Educational

Records Bill of Rights" is hereby amended by adding thereto the following section:

     16-71-7. Accessibility of assessment materials. – (a) Any and all materials, information,

or results of any kind relating to state assessment (including, but not limited to, the NECAP

reading and mathematics tests) required or administered in accordance with federal or state law,

or department rules or regulations shall be accessible to parents, legal guardians or eligible

students as follows:

     (1) After the assessment results are released by the department, a parent, legal guardian,

or eligible student shall have the right to inspect and review the student's assessment booklet,

answer or response sheets, surveys, instructions or directions to the student, and any other

supplemental materials utilized to administer the assessment. A parent, legal guardian, or eligible

student shall direct a request for inspection or review to the school district, and the school district

shall comply with such request within forty-five (45) days of its receipt. The commissioner shall

adopt rules, pursuant to this chapter, to implement procedures for the review and inspection of

assessment materials. These rules shall provide parents and legal guardians with no fewer rights

accorded to them under the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g.

     (b) No personally identifiable data on students and/or their families' religion, political

party affiliation, psychometric data, biometric information, juvenile delinquency records, criminal

records, medical records, psychological or dental information, birth dates, social security

numbers, employment history, income level, and/or voting history shall be collected, tracked,

housed, stored, reported or shared with the federal government, nor provided to for-profit

corporations.

     (c) Parents, legal guardians, and eligible students shall have the right to inspect his or her

student's records and prevent the transfer or sharing of any or all data contained in such record,

including student assessment results, other than for the transfer of such student to another school

outside the district.

     (d) Districts may elect to grade and score any assessment or survey administered within

the district, aggregate student performance data, and share only aggregated student data outside

the district to protect student privacy.

     (e) Districts shall not release any student data where the privacy of student data cannot be

guaranteed.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- RHODE ISLAND EDUCATIONAL RECORDS BILL OF

RIGHTS

***

     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.

     This act would take effect upon passage.

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