Senate Bill 2098

AN ACT TO AUTHORIZE AND DIRECT PUBLIC SCHOOL DISTRICTS TO ALLOW PARENTS AND LEGAL GUARDIANS OF ENROLLED STUDENTS TO OPT OUT OF COMMON CORE ALIGNED CURRICULA, CERTAIN STUDENT DATA AND THE RELEASE OF INFORMATION CONCERNING THEIR CHILDREN'S PERSONAL BELIEFS; TO PRESCRIBE A FORM FOR THE STUDENT PRIVACY PROTECTION OPT-OUT REQUEST BY THE PARENT OR LEGAL GUARDIAN; TO DIRECT THE STATE BOARD OF EDUCATION TO ISSUE REGULATIONS CONSISTENT WITH THE STUDENT DATA CONFIDENTIALITY PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The school boards of all public school districts are hereby authorized and directed to allow parents or legal guardians of students enrolled in the school district to opt out of Common Core aligned curricula, and to opt out of sharing their child's personal information with the federal government and other agencies and private contractors. The form allowing parents and legal guardians to opt out of these activities shall be available at the local school board office and online on July 1 prior to the beginning of each school year and shall be in the following form:

"STUDENT PRIVACY PROTECTION OPT-OUT REQUEST

PLEASE TAKE NOTICE that in accordance with the fundamental constitutional rights of parents and legal guardians to determine and direct the care, teaching and education of their children, and the relevant state and federal statutes, I hereby request my child __________________________________ be exempted and excused for the school year _________ the following check marked activities:

· Any and all standardized testing or activities required by law, under which individual student data are collected and/or shared with the federal government or other entities outside of the local school district; or are used for the purposes of school, student, or teacher accountability, including, but not by way of limitation to, academic, achievement and annual tests, statewide performance assessments and Common Core State Standards aligned assessments and pilots, computer adaptive testing and assessments designed by Smarter Balanced Assessment Consortium (SBAC) or Partnership for Assessment of Readiness for College and Careers (PARCC).

· Any and all tests, assessments, or surveys not limited solely to proficiency in core academic subjects.

· Any and all tests, assessments, or surveys used to measure pupils' values, attitudes or beliefs.

· Any survey, analysis, or evaluation that reveals information concerning my child, myself or other members of my family related to: (a) political affiliations or beliefs of the student or the student's parent; (b) mental or psychological problems of the student or the student's family; (c) sex behavior or attitudes; (d) illegal, antisocial, self-incriminating, or demeaning behavior; (e) critical appraisals of other individuals with whom respondents have close family relationships; (f) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; (g) religious practices, affiliations, or beliefs of the student or student's parent; or (h) income.

· The collection, tracking, housing, reporting, selling, or sharing with any party outside of the local school district, of noneducational-related information on my child or my family, including, but not limited to: religion, political affiliations, biometric data, psychometric data, and medical information. Biometric data includes fingerprints, retina and iris (eye) patterns, voiceprint, DNA sequence, facial characteristics, handwriting, and any other unique physical identifying traits. Psychometric data includes, but is not limited to: personality traits, attitudes, abilities, aptitude, social and emotional development, tendencies, inclinations, interests, and motivations.

· The sharing with any party outside of the local school district of my child's directory information, including, but not limited to: name, address, telephone listing, e-mail address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight, height, athletic teams, degrees, honors, awards, and most recent educational agency or institution attended.

· The sharing with any party outside of the local school district of my child's student ID number, social security number, or other unique identifying number.

· Any computer or online based educational services activities or assessments through which individual student data or metadata is stored in a manner inconsistent with industry requirements and best practices or is shared with any party outside the local school district.

· Any Common Core State Standards aligned activities, surveys or assessments that concern the attitudes, beliefs, including religious or political beliefs, or value systems of individual students.

This executed form supersedes all prior opt-out forms.

I.D. Number ________________ Grade _________ Date ________________

Parent/Guardian's Name(s) ________________________________________

Signature ________________________________________________________

Daytime/Evening Phone Number(s) __________________________________

E-Mail address ___________________________________________________

Received by (name) _______________________________________________

Signature ______________________________ Date received __________"

(2) The school boards of all public school districts shall exempt from disclosure under the Mississippi Public Records Act, Section 25-61-1 et seq., Mississippi Code of 1972, any information that if released, would prevent the school district from complying with 20 USC 1232g, commonly referred to as the federal Family Educational Rights and Privacy Act. The school boards of all public school districts shall exempt from public disclosure directory information requested for the purpose of surveys, marketing or solicitation, unless the school board determines that the use is consistent with the educational mission of the school district and beneficial to the affected students.

(3) The State Board of Education is authorized and directed to issue rules and regulations to require all school districts to comply with the student confidentiality and Common Core curriculum opt-out provisions of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.