§ 20-24-2.2-5 — Authorizer access to education records; duty to protect personally identifiable data of students and their parents

Indiana § 20-24-2.2-5

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 24: CHARTER SCHOOLS
• Ch. 2.2: Monitoring and Accountability of Sponsors

Text

(a) The purpose of this section is to establish
a cooperative relationship:
(1) between the department and an authorizer; and
(2) that fosters improved decision making related to charter
schools authorized by the authorizer.
(b) An authorizer is considered a state educational authority within
the meaning of the Family Educational Rights and Privacy Act (20
U.S.C. 1232g and 34 CFR Part 99).
(c) As used in this section, "covered records" refers to the following:
(1) Education records (as defined in 20 U.S.C. 1232g(a)(4), as in
effect January 1, 2013) of students who enrolled in a charter
school authorized by an authorizer that are in the possession of
the department or the state board.
(2) Records in the possession of the department or the state board
that relate to the evaluation of the performance of a charter school
authorized by an authorizer or students who are enrolled in a
charter school authorized by an authorizer.
(3) Records in the possession of the department or the state board
that relate to the evaluation of the performance of certified
employees employed by a charter school authorized by an
authorizer.
(4) Records in the possession of the department or the state board
related to the evaluation of the performance of an authorizer.
(5) Records in the possession of the department related to
monitoring of the use of federal funds, due process complaints,
mediations or hearings, and educator misconduct for a charter
school authorized by an authorizer.
(d) Notwithstanding IC 5-14-3 or any other law, the department
shall provide, without charge, an authorizer with either:
(1) electronic access to; or
(2) written copies of;
covered records, as requested by the authorizer, that relate to a charter
school authorized by the authorizer or to the students or certified
employees of the charter school. The department shall provide the
covered records on a schedule determined by the authorizer.
(e) The department shall provide, without charge, an authorizer with
a summary of the covered records that relate to a charter school
authorized by the authorizer or to the students or certified employees
of the charter school. The department shall provide the summary
described in this subsection to the authorizer at least once each month.
The authorizer may receive either paper copies of the summary or
copies of the summary transmitted electronically, at the option of the
authorizer. The summary must be sufficiently detailed to identify each
category or collection of covered records. The department and the
authorizer shall consult one another as necessary to carry out this
section.
(f) An authorizer shall protect covered records received by the
authorizer in a manner that will not permit the personal identification
of students and their parents by persons other than officials of the
authorizer who are directly involved in the authorization program or
involved with studies related to charter schools authorized by the
authorizer. An authorizer shall destroy personally identifiable data
when the information is no longer needed for purposes of audit,
evaluation, and enforcement of state and federal requirements related
to the charter schools authorized by the authorizer.

Legislative History

As added by P.L.280-2013, SEC.16. Amended by P.L.233-2015, SEC.79; P.L.250-2017, SEC.7.