RSA 189:68 – Student and Teacher Information Protection and Privacy

189:68 Student Privacy. –
I. The department shall not collect or maintain the following data in the SLDS:
(a) Name of the student’s parents or other family members.
(b) Address of the student or student’s family.
(c) Student email or other electronic address.
(d) Student or family telephone number.
(e) Student or parent credit card account number, insurance account number, or financial services account number.
(f) Juvenile delinquency records.
(g) Criminal records.
(h) Medical and dental insurance information.
(i) Student birth information, other than birth date and town of birth.
(j) Student social security number.
(k) Student biometric information.
(l) Student postsecondary workforce information including the employer’s name, and the name of a college attended outside of New Hampshire.
(m) Height and weight.
(n) Body mass index (BMI).
(o) Political affiliations or beliefs of student or parents.
(p) Family income, excluding free and reduced lunch program eligibility as determined by Food Nutrition Services of the United States Department of Agriculture.
(q) Mother’s maiden name.
(r) Parent’s social security number.
(s) Mental and psychological problems of the student or the student’s family.
(t) Sex behavior or attitudes.
(u) Indication of a student pregnancy.
(v) Religious or ethical practices, affiliations, or beliefs of the student or the student’s parents.
II. No school shall require a student to use an identification device that uses radio frequency identification, or similar technology, to identify the student, transmit information regarding the student, or monitor or track the student without approval of the school board, after a public hearing, and without the written consent of a parent of legal guardian of an affected student which may be withheld without consequence.
III. No school shall install remote surveillance software on a school supplied computing device provided to a student without the approval of the school board, after a public hearing and without the written consent of a parent, foster parent, or legal guardian of the affected student which may be withheld without consequence. In this paragraph, “surveillance” means observing, capturing images, listening, or recording and shall not include locating equipment when there is reason to believe the equipment is about to be or has been stolen or damaged.
IV. No school shall record in any way a school classroom for the purpose of teacher evaluations without school board approval after a public hearing, and without written consent of the teacher and the parent or legal guardian of each affected student.
V. (a) Nothing in this section shall preclude the use of audio or video recordings for use with or by a child with a disability, or by such child’s teacher or service provider when the child’s individualized education program or accommodation plan includes audio or video recording as part of the child’s special education, related services, assistive technology service, or methodology, so long as such audio or video recordings are made, used, and maintained in accordance with the Family Education Rights and Privacy Act, 20 U.S.C. section 1232g, and applicable state law.
(b) Nothing in this section shall preclude the use of audio or video recordings for student instructional purposes.
(c) Nothing in this section shall preclude the use of audio or video recordings for use in the instruction of teacher interns or student teachers after written notification to the parent or legal guardian of each affected student as to the purpose of, and privacy policy for, the recordings.

Source. 2014, 68:1. 2015, 71:4. 2016, 87:1, eff. May 19, 2016.

Link to RSA 189:68 – Student and Teacher Information Protection and Privacy: http://www.gencourt.state.nh.us/rsa/html/xv/189/189-68.htm