(a) On and after July 1, 2018, a local or regional board of education shall enter into a written contract with a contractor any time such local or regional board of education shares or provides access to student information, student records or student-generated content with such contractor. Each such contract shall include, but need not be limited to, the following:
(1) A statement that student information, student records and student-generated content are not the property of or under the control of a contractor;
(2) A description of the means by which the local or regional board of education may request the deletion of any student information, student records or student-generated content in the possession of the contractor that is not (A) otherwise prohibited from deletion or required to be retained under state or federal law, or (B) stored as a copy as part of a disaster recovery storage system and that is (i) inaccessible to the public, and (ii) unable to be used in the normal course of business by the contractor, provided such local or regional board of education may request the deletion of any such student information, student records or student-generated content if such copy has been used by the operator to repopulate accessible data following a disaster recovery;
(3) A statement that the contractor shall not use student information, student records and student-generated content for any purposes other than those authorized pursuant to the contract;
(4) A description of the procedures by which a student, parent or legal guardian of a student may review personally identifiable information contained in student information, student records or student-generated content and correct erroneous information, if any, in such student record;
(5) A statement that the contractor shall take actions designed to ensure the security and confidentiality of student information, student records and student-generated content;
(6) A description of the procedures that a contractor will follow to notify the local or regional board of education, in accordance with the provisions of section 10-234dd, when there has been an unauthorized release, disclosure or acquisition of student information, student records or student-generated content;
(7) A statement that student information, student records or student-generated content shall not be retained or available to the contractor upon expiration of the contract between the contractor and a local or regional board of education, except a student, parent or legal guardian of a student 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;
(8) A statement that the contractor and the local or regional board of education shall ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time;
(9) A statement that the laws of the state of Connecticut shall govern the rights and duties of the contractor and the local or regional board of education; and
(10) A statement that if any provision of the contract or the application of the contract is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the contract which can be given effect without the invalid provision or application.
(b) All student-generated content shall be the property of the student or the parent or legal guardian of the student.
(c) A contractor shall implement and maintain security procedures and practices designed to protect student information, student records and student-generated content from unauthorized access, destruction, use, modification or disclosure that, based on the sensitivity of the data and the risk from unauthorized access, (1) use technologies and methodologies that are consistent with the guidance issued pursuant to section 13402(h)(2) of Public Law 111-5, as amended from time to time, (2) maintain technical safeguards as it relates to the possession of student records in a manner consistent with the provisions of 45 CFR 164.312, as amended from time to time, and (3) otherwise meet or exceed industry standards.
(d) A contractor shall not use (1) student information, student records or student-generated content for any purposes other than those authorized pursuant to the contract, or (2) personally identifiable information contained in student information, student records or student-generated content to engage in targeted advertising.
(e) Any provision of a contract entered into between a contractor and a local or regional board of education on or after July 1, 2018, that conflicts with any provision of this section shall be void.
(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 10-234ff, 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.
(g) (1) Each local and regional board of education shall maintain and update, as necessary, an Internet web site with information relating to all contracts entered into pursuant to this section. Not later than five business days after executing a contract pursuant to this section, a local or regional board of education shall post notice of such contract on the board's Internet web site. The notice shall include the contract and (A) state that the contract has been executed and the date that such contract was executed, (B) provide a brief description of the contract and the purpose of the contract, and (C) state what student information, student records or student-generated content may be collected as a result of the contract.
(2) On or before September first of each school year, the board of education shall electronically notify students and the parents or legal guardians of students of the address of the Internet web site described in this subsection.
(h) A local or regional board of education and a contractor may include in any contract executed pursuant to this section, the uniform student data privacy terms-of-service agreement addendum, described in section 10-234ff, to satisfy the requirements of this section.
(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 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.
(P.A. 16-189, S. 2; P.A. 17-200, S. 1; P.A. 18-125, S. 2.)
History: P.A. 16-189 effective October 1, 2016, and applicable to contracts entered into, amended or renewed on or after that date; P.A. 17-200 replaced “October 1, 2016” with “July 1, 2018” in Subsecs. (a), (e) and (f), effective July 10, 2017; P.A. 18-125 amended Subsec. (a) by adding Subparas. (A) and (B) re deletion of records or content in possession of contractor in Subdiv. (2), replacing provision re completion of contracted services with provision re expiration of contract, and replacing “establish” with “independently establish” in Subdiv. (7), amended Subsec. (f) by designating existing provision re Subsec. (a) as Subdiv. (1), adding Subdiv. (2) re terms-of-service agreement addendum, amended Subsec. (g) by designating existing provisions re notice of contract as new Subdiv. (1) and amending same by redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C), adding provision re boards of education to maintain and update Internet web site and replacing provision re electronic notice to students and parents with provision re notice on board's Internet web site, and adding Subdiv. (2) re board to electronically notify parents and students of address of Internet web site, added Subsec. (h) re inclusion of uniform student data privacy terms-of-service agreement addendum in contract, added Subsec. (i) re contract not required if necessary to implement child's individualized education program or Section 504 plan, and made technical and conforming changes, effective July 1, 2018.
Structure Connecticut General Statutes
Title 10 - Education and Culture
Chapter 170 - Boards of Education
Section 10-218. - Officers. Meetings.
Section 10-218a. - Oath of office.
Section 10-219. - Procedure for filling vacancy on local board of education.
Section 10-220. - Duties of boards of education.
Section 10-220b. - Policy statement on drugs.
Section 10-220c. - Transportation of children over private roads. Immunity from liability.
Section 10-220e. - Foster children count.
Section 10-220f. - Safety committee.
Section 10-220g. - Policy on calculation of students' grade point averages.
Section 10-220i. - Transportation of students carrying cartridge injectors.
Section 10-220j. - Blood glucose self-testing by children. Guidelines.
Section 10-220k. - Disclosure of educational records re student confined in residential facility.
Section 10-220m. - Review of transportation arrangements of special needs students.
Section 10-220p. - Materials provided to students when discussing career options.
Section 10-221. - Boards of education to prescribe rules, policies and procedures.
Section 10-221e. - Intradistrict student assignment programs.
Section 10-221f. - School uniforms.
Section 10-221g. - Instructional time and facility usage assessment.
Section 10-221j. - Early Reading Success Panel.
Section 10-221l. - State-Wide Early Reading Success Institute.
Section 10-221n. - Independent evaluation.
Section 10-221p. - Boards to make available for purchase nutritious and low-fat foods.
Section 10-221q. - Sale of beverages.
Section 10-221r. - Advanced placement course program. Guidelines.
Section 10-221t. - Alignment of common core standards with college level programs.
Section 10-221u. - Boards to adopt policies addressing the use of physical activity as discipline.
Section 10-221v. - Confidential rapid response team re suspected abuse or neglect.
Section 10-221w. - Policy re eligibility criteria for enrollment in advanced course or program.
Section 10-221x. - Challenging curriculum policy.
Section 10-222. - Appropriations and budget.
Section 10-222b. - Board to have use of funds from the Manville property damage settlement trust.
Section 10-222d. - Safe school climate plans. Definitions. School climate assessments.
Section 10-222e. - Policy on evaluation and termination of athletic coaches.
Section 10-222f. - College informational forums.
Section 10-222g. - Prevention and intervention strategy re bullying and teen dating violence.
Section 10-222i. - State-wide safe school climate resource network.
Section 10-222m. - School security and safety plans. School security and safety committees.
Section 10-222n. - School security and safety plan standards.
Section 10-222o. - Information re aggregate spending for education to be made available.
Section 10-222q. - Social and Emotional Learning and School Climate Advisory Collaborative.
Section 10-222r. - Publication of plain language explanation of rights and remedies.
Section 10-222t. - Administration of social-emotional learning assessment.
Section 10-222u. - State-wide social-emotional support strategy.
Section 10-222v. - Social-emotional learning standards for grades four to twelve.
Section 10-222w. - Working group re bullying and safe school climate plans.
Section 10-223. - Separate high school accounts.
Section 10-223g. - On-line credit recovery program. On-line learning coordinator.
Section 10-223j. - School governance councils.
Section 10-223k. - Department of Education to publish certain plans, rankings and formulas.
Section 10-223l. - Model school district responsibilities agreement.
Section 10-223n. - Publication of completion rates of the Free Application for Federal Student Aid.
Section 10-224. - Duties of the secretary.
Section 10-225. - Salaries of secretary and attendance officers.
Section 10-226. - Reports to Commissioner of Education.
Section 10-226b. - Existence of racial imbalance.
Section 10-226c. - Plan to correct imbalance.
Section 10-226d. - Approval of plan by state board.
Section 10-226e. - Regulations.
Section 10-226f. - Coordinator of intergroup relations.
Section 10-226g. - Intergroup relations training for teachers.
Section 10-226h. - Programs and methods to reduce racial, ethnic and economic isolation.
Section 10-228. - Free textbooks, supplies, material and equipment.
Section 10-228a. - Free textbook loans to pupils attending nonpublic schools.
Section 10-228b. - Tax credits for donation of computers to schools.
Section 10-229. - Change of textbooks.
Section 10-230a. - Employment of instructors of Junior Reserve Officer Training Corps programs.
Section 10-230b. - Exemplary veterans education program distinction.
Section 10-231. - Fire drills. Crisis response drills.
Section 10-231a. - Pesticide applications at schools: Definitions.
Section 10-231b. - Pesticide applications at schools: Authorized applications. Ban. Exceptions.
Section 10-231e. - Maintenance of heating, ventilation and air conditioning system.
Section 10-231f. - Indoor air quality committee.
Section 10-231g. - Green cleaning program at schools: Definitions. Implementation. Notice.
Section 10-232. - Restrictions on employment of members of board of education.
Section 10-233. - Suspension of pupils.
Section 10-233a. - Definitions.
Section 10-233b. - Removal of pupils from class.
Section 10-233c. - Suspension of pupils.
Section 10-233d. - Expulsion of pupils.
Section 10-233e. - Notice as to disciplinary policies and action.
Section 10-233f. - In-school suspension of pupils. Reassignment.
Section 10-233i. - Students placed on probation by a court.
Section 10-233j. - Student possession and use of telecommunication devices.
Section 10-233l. - Expulsion and suspension of children in preschool programs.
Section 10-233m. - Memorandum of understanding re school resource officers.
Section 10-233n. - Report re disaggregated school discipline data.
Section 10-233o. - Standards re alternative educational opportunities.
Section 10-234. - Expulsion of pupils.
Section 10-234aa. - Definitions.
Section 10-234cc. - Requirements for operators re student data.
Section 10-234dd. - Duties re unauthorized release, disclosure or acquisition of student data.
Section 10-234ff. - Uniform student data privacy terms-of-service agreement addendum.
Section 10-235a. - Immunity from liability of internship providers.
Section 10-236. - Liability insurance.
Section 10-236a. - Indemnification of educational personnel assaulted in the line of duty.
Section 10-236b. - Physical restraint and seclusion of students by school employees.
Section 10-236c. - Behavior intervention meetings for certain students.
Section 10-237. - School activity funds.
Section 10-239. - Use of school facilities for other purposes.
Section 10-239a. - Demonstration scholarship program. Short title. Legislative intent.
Section 10-239b. - Definitions.
Section 10-239c. - Contract with federal agency for funds.
Section 10-239d. - Demonstration board and staff. Scholarships.
Section 10-239e. - Use of scholarships. Eligibility of schools.
Section 10-239f. - Collective bargaining by teachers.
Section 10-239g. - Evaluation of quality of education and satisfaction with schools under program.
Section 10-239h. - Liberal construction.
Section 10-239j. - Disclosure of accreditation reports. Notification requirements.