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HB 1357

Modernizing the prior authorization process.

2023-2024 Regular Session Introduced by Emily Alvarado and 9 co-sponsors

ND HB 1357 requires districts to adopt strict student-data protections, secure formal data-sharing agreements with DPI, and use the state SIS as the primary system.

Effective date 7/23/2023*.
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Bill Summary · HB 1357

Summary — HB 1357 (North Dakota)

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, North Dakota Century Code — protection of student data and data sharing agreements

Main purpose

The bill strengthens requirements for how school districts protect, share, and report student data by (1) requiring formal data‑sharing agreements between districts and the state, (2) directing school boards to adopt stricter data‑protection policies, and (3) making the state student information system the primary district system unless an exemption is granted.

Key provisions

  • Amends NDCC 15.1‑06‑06(1): adds a new certification requirement that a public school must have executed a data‑sharing agreement with the Department of Public Instruction (DPI) under sections 15.1‑07‑25.3 and 15.1‑07‑33 as part of the school approval compliance report.
  • Revises NDCC 15.1‑07‑25.3 (school district policy on protection of student data):
    • Mandates each district board adopt a student‑data protection policy.
    • Requires board permission before sharing student data with any individual or entity who is not a district employee, except when sharing with a student’s parent or when otherwise authorized by law.
    • Permits districts to share data with a state entity managing the state student information system only if a written data‑sharing agreement exists and the agreement includes a clause designating the department as an authorized representative for purposes of FERPA (Family Educational Rights and Privacy Act) and related federal regulations.
    • Requires superintendents to compile and maintain: (a) a list of all individuals/entities with whom student data is shared, and (b) a list (by title) of district personnel who have access to student data.
    • Requires districts make copies of their policy available on request.
  • Revises NDCC 15.1‑07‑33 (student information system — exemption):
    • Requires each district to implement and use the state student information system (administered by the Information Technology Department) as its principal SIS and to enter a data‑sharing agreement with DPI, subject to federal/state privacy laws and the district policy above.
    • Requires use of state course codes assigned by DPI to identify local classes in the state system.
    • Allows the superintendent of public instruction to exempt a district if it demonstrates the district uses a compatible SIS or, for Bureau of Indian Education (BIE) districts, a comparable system per superintendent determination.

Who is affected

  • School districts, boards of education, and superintendents (policy adoption, reporting, agreements).
  • DPI and the Information Technology Department (to manage agreements, interoperability, and exemptions).
  • School personnel with data access and third‑party vendors (subject to agreement requirements).
  • Parents and students (privacy safeguards and potential centralized use of de‑identified data).
  • BIE‑served districts (exemption path recognizes tribal education requirements).

Privacy and legal constraints

All data sharing and reporting under the bill remain subject to applicable federal and state privacy laws, including FERPA. The bill’s data‑sharing agreement provision specifically contemplates designating the department as an authorized FERPA representative.

Procedure / effective date

  • Introduced: November 15, 2024.
  • Passed both chambers (record shows unanimous or near‑unanimous passage in enrolled copy).
  • Effective date: July 1, 2026.
  • Filing: noted as filed with Secretary of State on March 14 (per bill information).

Practical impact / considerations

  • Centralizes student records around the state SIS to improve consistency and course coding statewide, while creating compliance and administrative obligations for districts (policy updates, compiling lists, entering agreements).
  • May reduce fragmentation of local systems but could raise implementation and governance questions (contract terms, data access controls, FERPA designation implications, handling of tribal/BIE requirements).
  • DPI and IT Dept. will need processes/templates for data‑sharing agreements and criteria for compatibility/exemption determinations.

Compiled from official sources — confirm details with the bill’s official record.

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