1. Student Data Privacy: National Trends and Wyoming’s Role
Mackenzie Williams
Senior Assistant Attorney General
Wyoming Attorney General’s Office

2. Hierarchy of Authority
United States Constitution
United States Statutory Law (U.S. Code)
Wyoming Constitution
Wyoming Statutory Law
Wyoming Agency Rules (If Any)

3. Terms and Foundation Personally Identifiable Information (PII)
Education Records
General Public Records Principles

4. Federal Law FERPA: Federal Education Records and Privacy Act IDEA
Primary Goals: Access to Records and Confidentiality of Records
Applies to Education Entities
Consequences for Violation
Support: Privacy Technical Assistance Center
Not administered by the Wyoming Department of Education
A Note about HIPPA
IDEA
Federal Privacy Act: Does not apply

5. Some FERPA Details
When may information be disclosed without consent? (34 CFR § 99.31)
School officials (may include contractors) for legitimate educational needs
For enrollment or transfer
To various parties for audit or evaluation of programs
For financial aid
Juvenile justice purposes
Research (anonymized)
Accreditation
Responding to subpoena or court order
Health or safety emergency
Directory information
To child welfare agencies (DFS) if the child is in state custody

6. National Trends Lots of Activity.
In 2014, 110 bills on student data privacy in 36 states. Wyoming was one.
In 2015, 184 bills in 46 states. Wyoming was one.
Several goals of legislation and other activities:
Governing how third-party providers use student data
Directly by legislating activities
Indirectly by governing contracts with third-party providers
Support for districts
Parental opt-in/-out
Address concerns of commercializing student data
Transparency

7. Wyoming Developments (From 2014)
2014 Enrolled Act 66: Requires the Superintendent to develop guidelines for districts to use on the subject of data use (more later)
Note that 2014 Senate File 36 did something similar, but did not pass
2015 House Bill 164: Prevented schools from sharing any PII without parental consent. Excluded Title I reporting. Failed.
2016 Senate File 14: Outlawed and criminalized school officials from asking students for access to student digital information accounts. Failed.
2016 House Enrolled Act 25 (Wyo. Stat. Ann. § ): Excludes student- to-student or student-to-outside party communications in the custody of a school from the definition of a public record under the Public Records Act.

8. Wyoming Developments (From 2014)
2016 Senate Enrolled Act 18 (Wyo. Stat. Ann. § ): Requires that government agencies establish data policies containing the following:
Descriptions of data being stored
Authorization and authentication mechanisms for data access
Descriptions of security safeguards including staff training
Policies describing privacy processes
Descriptions of how the agency will handle breaches, including notification of affected individuals
Descriptions of data destruction and transmission mechanisms

9. Wyoming Law Public Records Act
Default: public records are available to the public.
Categories: May deny inspection, shall deny inspection
Education records are “shall withhold”:
“School district records containing information relating to the biography, family, physiology, religion, academic achievement and physical or mental ability of any student except to the person in interest or the officials duly elected and appointed to supervise him.” Wyo. Stat. Ann. § (c)(viii).
Also, Public Records Act prohibits disclosure where contrary to federal law, i.e., FERPA

10. Wyoming Law Duties of the Superintendent of Public Instruction
Develop criteria for the collection, storage, management, and reporting of various kinds of data
Includes guidelines for access, privacy audits, breach planning and procedures, and more
Collect data necessary to administer the school finance system
On the State Board of Education’s behalf, collect data for accreditation, which may include student data
Collect information for the Wyoming Accountability in Education Act, including student data
Collect data to monitor district compliance with the IDEA and investigate complaints
District duties: must have policies

11. Questions?
Mackenzie Williams Senior Assistant Attorney General, Civil Division Wyoming Attorney General’s Office