Update on HB 1320 – Student and teacher data bill
01/28/2014
We have reported on HB 1320 here and here, but there is an update after today’s House Education committee meeting.
The House Education Committee had a packed schedule today as committee deadlines approach. A number of bills passed out of committee, namely, HB 1320 (Rep. Bob Behning, R-Indianapolis), which creates a student data repository.
The original version would have handed over student data under the authority of the State Board of Education. ISTA expressed concerns that data could end up in the hands of the Governor’s CECI. The fiscal impact has been projected at upwards of $4 million – millions of taxpayer dollars spent to duplicate an existing role of the Department of Education and an example of government waste.
Additionally, there are data privacy concerns in having another source of student data in a “cloud,” which would run the risk of being hacked. Recent privacy issues at both the federal level and in the private sector have displayed how much of a potential problem this really is.
Rep. Behning amended the bill in committee yesterday to maintain DOE authority in administering the records – a move that improves the bill.
Language was also added from Rep. Thompson that ensures data cannot be provided to the federal government or sold to outside 3rd party vendors.
Today, Rep. Behning offered another amendment that would delay the effective date upon passage until June 30th, 2015 in an effort to reduce the fiscal burden on DOE for implementing the data repository. It is uncertain as to whether DOE would be mandated to implement if the repository is not funded. A potential 2nd reading amendment may be offered on the House floor to address this issue, which could render the mandate subject to available funding.
Rep. Shelli VanDenburgh (D-Crown Point) also offered an amendment that would require a parent to sign off on the release of student data to “authorizers” (i.e. a teacher or other school employee who would have access to the data). Her intent with the amendment is to prevent schools from “cherry-picking,” or selectively choosing students based on student information.
The bill passed as amended 10-2.
Issues with this bill still remain. The fiscal impact, including the shift of the cost burden to DOE, necessitates that the bill be recommitted to Ways and Means for fiscal analysis.