Section 193-E:5 Unique Pupil Identification.
I. The department of education shall, using federal funds only, implement and maintain a unique pupil identification system on a statewide basis that complies with the following requirements:
(a) No personally identifiable information about a pupil including but not limited to name, date of birth, gender, or social security number, shall be collected or maintained by the state in such a manner as to allow such information to be connected with the unique pupil identifier. Under no circumstances shall the department of education obtain or use a social security number as an identifier for any pupil, or use unique pupil identifiers except in connection with the data warehouse and such use shall not be accessible to the public.
(b) The random number generator shall make available to each school district a unique pupil identifier for each pupil enrolled in a New Hampshire public school. The unique pupil identifier itself shall not permit pupil identification within a sub-category including, but not limited to, school district, sex, age, grade, or county of residence.
(c) The unique pupil identifier shall be requested and maintained by the local school district. The unique pupil identifier shall remain in the pupil's file throughout his or her elementary and secondary academic career in New Hampshire.
(d) Access to the random number generator shall be limited to a superintendent or designee, and only for pupils enrolled in that school administrative unit. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.
(e) The random number generator shall create and maintain a comprehensive audit trail for all users accessing the system.
(f) The data warehouse shall create and maintain an audit trail for all users accessing secure information.
(g) No person, including an individual, business, government, or governmental entity, shall require an individual to provide a unique pupil identifier as a condition of doing business, providing a service, or receiving a benefit of any kind. Any person or entity violating the provisions of this paragraph shall be liable for actual damages or $25,000, whichever is greater, for each violation. Each denial of services or benefits shall constitute a separate offense under this paragraph.
(h) If a pupil's records become part of an administrative action outside of the pupil's school district, or a part of any judicial or quasi-judicial proceeding, the part of the record containing the pupil's unique pupil identifier shall be redacted by the school district prior to release.
(i) The information maintained in the data warehouse, except for the unique pupil identifier, shall be available to the department of education and to the public using the same database maintained by the department of education. No personally identifiable information shall be required as a condition of access or usage under this subparagraph, nor shall such access or usage be tracked. Under no circumstances shall the unique pupil identifier be made available to the department of education or to the public.
(j) Information maintained in the random number generator shall be exempt from the provisions of RSA 91-A.
(k) Authorized personnel at the department of education shall administer and maintain the unique pupil identification system.
(l) No personally identifiable information, including but not limited to name, date of birth, gender, or social security number, shall be provided to any person or entity absent a court order, and under no circumstances shall personally identifiable information be provided to any person or entity outside of New Hampshire. Any person who knowingly violates this provision is guilty of a class B felony and may be subject to involuntary termination of employment.
II. Notwithstanding RSA 193-E:3, II, the legislative oversight committee established in RSA 193-C:7 shall perform any revisions to this section through legislation filed for that purpose.
III. Any contracts or agreements necessary to implement the provisions of this section shall be approved by the governor with the consent of the executive council, and the fiscal committee established in RSA 14:30-a.
Source. 2004, 147:3, eff. Aug. 1, 2004.