Student Data Privacy

Pursuant to K.S.A. 72-6312, et seq.

The Student Data Privacy Act (Act) prohibits the unauthorized disclosure of student data and personally identifiable student data, the unauthorized collection of biometric data from a student, and the unauthorized use of any device or mechanism to assess a student's psychological or emotional state. See K.S.A. 72-6314 and K.S.A. 72-6315. It also requires notification to the student affected by a breach or unauthorized disclosure of student data or personally identifiable information. See K.S.A. 72-6318.

"Student data" is enumerated in K.S.A. 72-6313 as the following information contained in a student's educational record:

1. State and national assessment results, including information on untested students;
2. Course taking and completion, credits earned and other transcript information;
3. Course grades and grade point average;
4. Date of birth, grade level and expected date of graduation;
5. Degree, diploma, credential attainment and other school exit information such as general education development and drop-out data;
6. Attendance and mobility;
7. Data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information;
8. Remediation;
9. Special education data;
10. Demographic data and program participation information; and
11. Any information included in a student's educational record.

"Personally identifiable student data" is defined in K.S.A. 72-6313 as student data that, alone or in combination, is linked or linkable to a specific student and would allow a reasonable person to identify the student with reasonable certainty.

The Act also prohibits tests, questionnaires, surveys, and examinations containing any questions about the student's personal beliefs or practices on issues such as sex, family life, morality and religion, or any questions about the student's parents' or guardians' beliefs and practices on issues such as sex, family life, morality or religion, unless the parent or guardian of the student is notified in writing and provides written permission. See K.S.A. 72-6316.

The attorney general or a district attorney (only Douglas, Johnson, Reno, Sedgwick, Shawnee, and Wyandotte counties have a district attorney) may enforce the provisions of the Act by bringing an action in a court of competent jurisdiction, and may seek injunctive relief to enjoin any educational agency, any employee or agent thereof, or any other entity in possession of student data from disclosing any student data in violation of the provisions of this act. See K.S.A. 72-6317.

Citizens in Douglas, Johnson, Reno, Sedgwick, Shawnee, and Wyandotte counties may file a complaint with either their district attorney or the Office of the Attorney General to seek enforcement of this act. Citizens in all counties may file a complaint with the Office of the Attorney General (OAG) on this form. If you are under 18 years of age, a parent or guardian may file for you. The OAG will review complaints filed with it to determine if there a violation of this act.

Please fill out this form completely. Please include specific details and information of the alleged violation of the Student Data Privacy Act.