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Accordion Section Title
Federal Laws and Policies
- Children’s Online Privacy Protection Act (COPPA)
- https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
- https://www2.ed.gov/about/overview/fed/role.html
- Overview for students and parents
- Confidentialityprotections for education records
- Protection of Pupil Rights Amendment (PPRA)
- https://sites.ed.gov/idea/
- https://studentprivacy.ed.gov/resources/uninterrupted-scholars-act-guidance
Accordion Section Title
State Law and Policies
- SLDS Committee Policy (April 2015)
Topics covered include: Staff training on data use, security breaches, personally identifiable student data, and requirements for data sharing agreements, privacy and security audits
- NDCC 54-59-33
Establishes SLDS Committee
- NDCC 54.59.34-35
SLDS Powers and Duties, includes a provision that ITD and the SLDS committee may enter interagency agreements "subject to federal and state privacy laws"
- NDCC 54.59.39
Authorizes SLDS data requests and requires state agency provision of data "subject to applicable restrictions on the use and disclosure of confidential information required to comply with federal and state privacy laws…" - NDCC 44-04-18(5)
State entities may establish procedures to provide access to databases and electronic info, but the procedures must "address the measures that are necessary to maintain the confidentiality of information protected by federal or state law".
- NDCC 44-04-18.10(5)
"Confidential records that are authorized by law to be disclosed to another entity continue to be confidential in the possession of the receiving entity, except as otherwise provided by law." SLDS cannot disclose confidential information that the originating state entity could not disclose.
- NDCC 44-04-18(1)
"Except as otherwise specifically provided by law," state records are open to the public. Also note, NDCC 44-04-17.1 defines "law" to include both federal and state law, as well as regulations. "Education records" that SLDS uses or creates – and other materials deemed confidential by law – are not subject to open records requests.
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