Date: 03/05/2015

Final
BILL SUMMARY for SB15-173

SENATE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment D). The motion p
Adopt amendment L.004 (Attachment F). The motion p
Adopt amendment L.005 (Attachment E). The motion p
Refer Senate Bill 15-173, as amended, to the Commi		Pass Without Objection
PASS
Pass Without Objection
PASS



02:32 PM -- SB15-173

Senator Holbert, sponsor, presented Senate Bill 15- 173, which concerns student data privacy. He talked about his experiences in school and what student data means and it's relationship to standards and assessments. He stated that the bill is a way to empower parents and is a first step to restoring the trust that parents have in our education system. Senator Holbert distributed amendment L.003 (Attachment D) and explained that it is a strike below amendment, and amendment L.005 (Attachment E) which is a technical amendment to amendment L.003. Senator Woods distributed a copy of amendment L.004 (Attachment F). Senator Holbert distributed two handouts to the committee (Attachments G and H) and talked about the need to protect kids. He discussed the stakeholder process and stated that the bill is a bipartisan effort.

15SenateEd0305AttachD.pdf15SenateEd0305AttachD.pdf 15SenateEd0305AttachE.pdf15SenateEd0305AttachE.pdf 15SenateEd0305AttachF.pdf15SenateEd0305AttachF.pdf

15SenateEd0305AttachG.pdf15SenateEd0305AttachG.pdf 15SenateEd0305AttachH.pdf15SenateEd0305AttachH.pdf


The following people testified on the bill:

02:46 PM -- Andrew Moore, representing the Colorado Association of School Executives (CASE), spoke in support of the bill. He stated that the State Board of Education also supports the bill and explained that the bill addresses four areas: first, it places restrictions on software vendors by not allowing them to sell data or market to students; second, it requires vendors to have copies of the contracts that outline what data they are allowed to have access to; next, it contains a requirement to train non-rural school districts on how to handle data privacy; and finally, it requires districts to set rules around parent notification in the event that there is a data breach. He stated that the bill does not have any unfunded mandates or additional burdens on districts. Mr. Moore answered questions from the committee.


02:59 PM

Mr. Moore continued to answer questions from the committee.

03:03 PM -- Rachel Cohen, representing herself, spoke about the bill. She talked about data issues and what can happen to data 10 or 20 years after it is collected that we may not currently understand or know. She stated that citizens do not know what corporations who are contracted by districts are doing with this data. She talked about a lack of transparency and stated that she only supports the bill if amendment L.004 (Attachment F) passes. Ms. Cohen answered questions from the committee.

03:20 PM -- Rachael Stickland, representing the National Parent Coalition for Student Privacy, spoke in support of the bill. She spoke about inBloom and free applications that teachers can use to monitor student behavior and the privacy issues that these applications can trigger. She stated that the only recourse parents have to stop data mining is to take legal steps to stop it. Ms. Stickland answered questions from the committee.


03:33 PM

Andrew Moore returned to the table to answer questions from the committee.

03:35 PM -- Denise Maes, representing the American Civil Liberties Union (ACLU) Colorado, spoke in support the bill. She stated that the ACLU is a long-time supporter of privacy, and talked about the dramatic increase of data collection and the need for meaningful oversight for protecting student data. She said that once privacy is lost, it is difficult to get it back. She said that our current laws remain outdated and that the ACLU supports amendment L.004 (Attachment F).

03:39 PM -- Cheri Kiesecker, representing herself, spoke in support of the bill. She told the committee why she supports the bill. She stated that she is not afraid of data but that she is afraid of the misuse of data.

03:53 PM -- Paula Noonan, representing herself, spoke in support of the bill. She spoke about her professional background as a former member of the Jefferson County School Board. She discussed amendment L.003 (Attachment E) and described its provisions. She discussed negotiated agreements between districts and vendors and explained that she would like to see a requirement that vendors and districts post contracts online. She said that the goal of the bill is to make everyone more conscious of the treatment of data. Ms. Noonan answered questions from the committee.

04:13 PM -- Terry Whitney, representing the College Board, spoke in support of the bill. He provided background information about the College Board and stated that the College Board takes privacy and security very seriously. Mr. Whitney answered questions from the committee.

04:17 PM -- Jennifer Butts, representing herself, spoke in support of the bill. She told the committee why she supports the bill and answered questions from the committee.

04:26 PM -- Sunny Flynn, representing herself, spoke in support of the bill. She stated that she only supports the bill if amendment L.004 (Attachment F) passes.

04:30 PM -- Judi Reynolds, representing the Douglas County Board of Education (board), spoke in support of the bill. She stated that this issue has been raised to the board by parents in the Douglas County School District.

04:32 PM -- Ilana Spiegel, representing herself, spoke in support of the bill. She stated that she supports amendment L.004 (Attachment F). She told the committee about the discussions about data privacy that took place during the Standards & Assessments Task Force meetings. She talked about parents opting their students out of assessments due to data privacy concerns.

04:34 PM -- Natalie Adams, representing herself, spoke in support of the bill. She said that private companies should bear the responsibility of making sure their products protect the privacy of students. She stated that she supports amendment L.004 (Attachment F).

04:38 PM -- Jane Urschel, representing Colorado Association of School Boards (CASB), spoke in support of the bill. She stated that the bill is a value statement and a work in progress. She said that vendors currently have unfettered monetary opportunities to benefit from student data and that the bill gives a voice to parents.


04:42 PM

There were no more witnesses and Senator Hill closed public testimony. Senator Holbert provided closing comments to the bill.
BILL:SB15-173
TIME: 04:43:14 PM
MOVED:Holbert
MOTION:Adopt amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Merrifield
Neville T.
Todd
Woods
Marble
Hill
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB15-173
TIME: 04:43:44 PM
MOVED:Holbert
MOTION:Adopt amendment L.005 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Merrifield
Neville T.
Todd
Woods
Marble
Hill
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB15-173
TIME: 04:43:56 PM
MOVED:Woods
MOTION:Adopt amendment L.004 (Attachment F). The motion passed on a vote of 5-4.
SECONDED:
VOTE
Holbert
Yes
Johnston
No
Kerr
No
Merrifield
No
Neville T.
Yes
Todd
No
Woods
Yes
Marble
Yes
Hill
Yes
YES: 5 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:45 PM

The committee discussed the bill.
BILL:SB15-173
TIME: 04:55:57 PM
MOVED:Holbert
MOTION:Refer Senate Bill 15-173, as amended, to the Committee of the Whole. The motion passed on a vote of 9-0.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Merrifield
Yes
Neville T.
Yes
Todd
Yes
Woods
Yes
Marble
Yes
Hill
Yes
Final YES: 9 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:01 PM

The committee adjourned.