Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4159

   
 

*HB0544404159HDO*

Offered by:

 

REP. FLEISCHMANN, 18th Dist.

REP. MCCARTHY VAHEY, 133rd Dist.

REP. SANCHEZ, 25th Dist.

REP. LAVIELLE, 143rd Dist.

 

To: Subst. House Bill No. 5444

File No. 445

Cal. No. 316

"AN ACT CONCERNING REVISIONS TO THE STUDENT DATA PRIVACY ACT."

Strike lines 52 to 57, inclusive, in their entirety and insert the following in lieu thereof:

"(7) A statement that student information, student records or student-generated content shall not be retained or available to the contractor upon [completion] expiration of the [contracted services unless] contract between the contractor and a local or regional board of education, except a student, parent or legal guardian of a student [chooses] may choose to independently establish or maintain an electronic account with the contractor after the expiration of such contract for the purpose of storing student-generated content;"

Strike lines 90 to 95, inclusive, in their entirety and insert the following in lieu thereof:

"(f) Any contract entered into on and after July 1, 2018, that does not include (1) a provision required by subsection (a) of this section, or (2) the terms-of-service agreement addendum described in section 1 of this act, shall be void, provided the local or regional board of education has given reasonable notice to the contractor and the contractor has failed within a reasonable time to amend the contract to include the provision required by subsection (a) of this section or the terms-of-service agreement addendum."

Strike lines 118 to 136, inclusive, and insert the following in lieu thereof:

"(i) A local or regional board of education shall not be required to enter into a contract pursuant to this section if the use of an Internet web site, online service or mobile application operated by a consultant or an operator is unique and necessary to implement a child's individualized education program or plan pursuant to Section 504 of the Rehabilitation Act of 1973, as amended from time to time, and such Internet web site, online service or mobile application is unable to comply with the provisions of this section, provided (1) such Internet web site, online service or mobile application complies with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time, and the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, (2) such board of education can provide evidence that it has made a reasonable effort to (A) enter into a contract with such consultant or operator to use such Internet web site, online service or mobile application, and (B) find an equivalent Internet web site, online service or mobile application operated by a consultant or an operator that complies with the provisions of this section, (3) the consultant or operator complies with the provisions of section 10-234cc, as amended by this act, for such use, and (4) the parent or legal guardian of such child, and, in the case of a child with an individualized education program, a member of the planning and placement team, sign an agreement that (A) acknowledges such parent or legal guardian is aware that such Internet web site, online service or mobile application is unable to comply with the provisions of this section, and (B) authorizes the use of such Internet web site, online service or mobile application. A local or regional board of education shall, upon the request of a parent or legal guardian of a child, provide the evidence described in subdivision (2) of this subsection to such parent or legal guardian."

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. (NEW) (Effective July 1, 2018) For the school year commencing July 1, 2018, and each school year thereafter, each local or regional board of education shall annually submit a report to the Commission for Educational Technology concerning the use of Internet web sites, online services or mobile applications without a contract pursuant to subsection (i) of section 10-234bb of the general statutes, as amended by this act. Such report shall indicate whether or not any such Internet web sites, online services or mobile applications are being so used, and, if so, a list of all such Internet web sites, online services or mobile applications."

This act shall take effect as follows and shall amend the following sections:

Sec. 501

July 1, 2018

New section