AN ACT to amend and reenact subsection 1 of section 15.1-06-06, and sections 15.1-07-25.3 and 15.1-07-33 of the North Dakota Century Code, relating to protection of student data and data sharing agreements; and to provide an effective date.
Summary
HB 1357 updates North Dakota school data governance rules by tying school approval and student information system requirements to formal data-sharing agreements. The bill amends the approval checklist for public schools to require that a school have executed a data-sharing agreement with the Department of Public Instruction under the student data protection statutes. It also requires school districts to adopt policies governing the protection of student data, including limits on sharing data with outside individuals or entities unless authorized by law or approved by the school board, and recordkeeping on who has access to student data and with whom data is shared.
The bill further requires each school district to use the state student information system as its principal system and to enter a data-sharing agreement with the Department of Public Instruction, while allowing exemptions for districts using compatible systems or, for Bureau of Indian Education-related circumstances, comparable systems approved by the superintendent. It also clarifies that the state entity managing the student information system may be treated as an authorized representative under FERPA for statewide longitudinal data system purposes, subject to federal and state privacy laws. The act takes effect July 1, 2026.
Impact
HB 1357 amends sections of the North Dakota Century Code governing school approval, student data privacy, and the statewide student information system. Its practical effect is to strengthen statutory requirements for data-sharing agreements, formalize privacy and access controls for student records, and reinforce the use of the state-managed student information system and course coding across districts. The bill affects public school districts, the Department of Public Instruction, the information technology department, and schools seeking approved status, including districts that may qualify for exemptions.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It passed the House 93-0 and the Senate 47-0, indicating unanimous approval in both chambers. The absence of recorded committee testimony in the provided materials suggests there was little visible public or legislative opposition, or at least none captured in the available record.
Contention
No major points of contention are evident in the available materials. The main policy issues implicit in the bill are the balance between student privacy and data sharing for statewide systems, and the administrative burden on districts required to adopt policies, maintain access lists, and execute data-sharing agreements. Any potential concern would likely come from school districts or privacy advocates focused on implementation details, but the unanimous votes suggest those concerns did not rise to significant opposition.