SB 190

Public schools; student support services; student personal information and data security; certification; requirements; grants; report. Requires any nonprofit organization seeking to provide student support programs to students enrolled in a public elementary or secondary school to register and maintain status as a certified student support agency, as defined by the bill, in accordance with the requirements set forth in the bill. The bill requires any nonprofit organization, in order to register and maintain status as a certified student support agency, to meet several requirements relating to the protection of student personal information, including requirements relating to policies, procedures, and protocols for the collection, use, maintenance, disclosure, disposal, and handling any data breach or unauthorized disclosure of any student personal information collected by any certified student support agency. The bill requires the Department of Education to administer and oversee the certification of any certified student support agency in accordance with the requirements set forth in the bill, including requiring the Department to (i) develop a model memorandum of understanding for each student support agency and school board establishing authorizations and limitations relating to the transmission, collection, and use of student personal information; (ii) establish and administer a grant program for the purpose of awarding grants to certain student support agencies for data security upgrades, training for staff, and third-party audits; (iii) establish and administer compliance monitoring and enforcement mechanisms and subsequent penalties for noncompliance; and (iv) conduct a regular audit of a certain percentage of registered student support agencies to ensure compliance with the provisions of the bill and establishing provisions relating to consequences for failure of the audit or otherwise being found in violation of the provisions of the bill. The bill also requires each certified student support agency and school board to execute a memorandum of understanding in accordance with the model memorandum of understanding developed by the Department pursuant to the bill.