REFERENCE TITLE: schools; privacy; biometrics
State of Arizona
First Regular Session
amending sections 1‑602 and 15-101, arizona revised statutes; repealing section 15-109, Arizona Revised Statutes; amending title 15, chapter 9, article 8, Arizona Revised Statutes, by adding section 15-1046; relating to biometric information in schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 1-602, Arizona Revised Statutes, is amended to read:
1-602. Parents' bill of rights; definition
A. All parental rights are reserved to a parent of a minor child without obstruction or interference from this state, any political subdivision of this state, any other governmental entity or any other institution, including:
1. The right to direct the education of the minor child.
2. All rights of parents identified in title 15, including the right to access and review all records relating to the minor child.
3. The right to direct the upbringing of the minor child.
4. The right to direct the moral or religious training of the minor child.
5. The right to make health care decisions for the minor child, including rights pursuant to sections 15‑873, 36‑2271 and 36‑2272, unless otherwise prohibited by law.
6. The right to access and review all medical records of the minor child unless otherwise prohibited by law or the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement official requests that the information not be released.
7. The right to consent in writing before a biometric scan of the minor child is made pursuant to section 15-109 15‑1046.
8. The right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36‑694, or before any genetic testing is conducted on the minor child pursuant to section 12‑2803 unless authorized pursuant to section 13-610 or a court order.
9. The right to consent in writing before the this state or any of its political subdivisions makes a video or voice recording of the minor child, unless the video or voice recording is made during or as a part of a court proceeding, by law enforcement officers during or as part of a law enforcement investigation, during or as part of an interview in a criminal or child safety services investigation or to be used solely for any of the following:
(a) Safety demonstrations, including the maintenance of order and discipline in the common areas of a school or on pupil transportation vehicles.
(b) A purpose related to a legitimate academic or extracurricular activity.
(c) A purpose related to regular classroom instruction.
(d) Security or surveillance of buildings or grounds.
(e) A photo identification card.
10. The right to be notified promptly if an employee of this state, any political subdivision of this state, any other governmental entity or any other institution suspects that a criminal offense has been committed against the minor child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or child safety services investigation. This paragraph does not create any new obligation for school districts and charter schools to report misconduct between students at school, such as fighting or aggressive play, that is routinely addressed as a student disciplinary matter by the school.
11. The right to obtain information about a child safety services investigation involving the parent pursuant to section 8‑807.
B. This section does not authorize or allow a parent to engage in conduct that is unlawful or to abuse or neglect a child in violation of the laws of this state. This section does not prohibit courts, law enforcement officers or employees of a government agency responsible for child welfare from acting in their official capacity within the scope of their authority. This section does not prohibit a court from issuing an order that is otherwise permitted by law.
C. Any attempt to encourage or coerce a minor child to withhold information from the child's parent shall be grounds for discipline of an employee of this state, any political subdivision of this state or any other governmental entity, except for law enforcement personnel.
D. Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. This chapter does not prescribe all rights of parents. Unless otherwise required by law, the rights of parents of minor children shall not be limited or denied.
E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.
Sec. 2. Section 15-101, Arizona Revised Statutes, is amended to read:
In this title, unless the context otherwise requires:
1. "Accommodation school" means either:
(a) A school that is operated through the county board of supervisors and the county school superintendent and that the county school superintendent administers to serve a military reservation or territory that is not included within the boundaries of a school district.
(b) A school that provides educational services to homeless children or alternative education programs as provided in section 15‑308, subsection B.
(c) A school that is established to serve a military reservation, the boundaries of which are coterminous with the boundaries of the military reservation on which the school is located.
2. "Assessed valuation" means the valuation derived by applying the applicable percentage as provided in title 42, chapter 15, article 1 to the full cash value or limited property value, whichever is applicable, of the property.
3. "Biometric identifier" means any physical characteristic or compilation of physical characteristics that is ATTRIBUTABLE to a single person, including DNA or any fingerprint characteristic, tracking and storing of physical movement including through metadata, eye characteristic including a retina or iris scan, hand characteristic, vocal characteristic, facial characteristic or other unique physical or biological characteristic used for the purpose of identifying that person with a high degree of certainty. biometric identifier does not include writing samples, written signatures, demographic data, date of birth, age, tattoo descriptions, physical descriptions such as height, weight, hair color or eye color or human biological samples used for valid scientific testing, screening or learning purposes.
4. "Biometric information" means any information derived from any biometric identifier used to identify an individual. biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
3. 5. "Charter holder" means a person that enters into a charter with the state board for charter schools. For the purposes of this paragraph, "person" means an individual, partnership, corporation, association or public or private organization of any kind.
4. 6. "Charter school" means a public school established by contract with the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts pursuant to article 8 of this chapter to provide learning that will improve pupil achievement.
5. 7. "Child with a disability" means a child with a disability as defined in section 15‑761.
6. 8. "Class A bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held on or before December 31, 1998.
7. 9. "Class B bonds" means general obligation bonds approved by a vote of the qualified electors of a school district at an election held from and after December 31, 1998.
10. "Collect biometric information" means any invasive or noninvasive measurement or evaluation of data taken or received digitally or otherwise that consists of biometric information, regardless of how the information is obtained, captured, converted, stored or shared.
8. 11. "Competency" means a demonstrated ability in a skill at a specified performance level.
12. "Confidential and sensitive information" means unique nonphysical and nonbiological personal information that is used to identify an individual or an individual's account or property, including an account number, pin number, alphanumeric pass code, driver's license number or social security number.
9. 13. "Course" means organized subject matter in which instruction is offered within a given period of time and for which credit toward promotion, graduation or certification is usually given. A course consists of knowledge selected from a subject for instructional purposes in the schools.
10. 14. "Course of study" means a list of required and optional subjects to be taught in the schools.
11. 15. "Dual enrollment course" means a college‑level course that is conducted on the campus of a high school or on the campus of a joint technical education district, that is applicable to an established community college academic degree or certificate program and that is transferable to a university under the jurisdiction of the Arizona board of regents. A dual enrollment course that is applicable to a community college occupational degree or certificate program may be transferable to a university under the jurisdiction of the Arizona board of regents.
12. 16. "Elementary grades" means kindergarten programs and grades one through eight.
13. 17. "Fiscal year" means the year beginning July 1 and ending June 30.
14. 18. "Governing board" means a body organized for the government and management of the schools within a school district or a county school superintendent in the conduct of an accommodation school.
15. 19. "Lease" means an agreement for conveyance and possession of real or personal property.
16. 20. "Limited property value" means the value determined pursuant to title 42, chapter 13, article 7. Limited property value shall be used as the basis for assessing, fixing, determining and levying primary property taxes.
17. 21. "Nontest" means not relating to knowledge or skills in reading, writing, mathematics, social studies, science or any other course.
18. 22. "Parent" means the natural or adoptive parent of a child or a person who has custody of a child.
19. 23. "Person who has custody" means a parent or legal guardian of a child, a person to whom custody of the child has been given by order of a court or a person who stands in loco parentis to the child.
20. 24. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.
21. 25. "Private school" means a nonpublic institution where instruction is imparted.
22. 26. "School" or "public school" means any public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of elementary grades or secondary grades one through twelve.
23. 27. "School district" means a political subdivision of this state with geographic boundaries organized for the purpose of the administration, support and maintenance of the public schools or an accommodation school.
28. "School Service" means a service, including a website, online portal, online service or mobile application, that is designed and marketed to be used by students at the direction of a teacher or other agent of an elementary or secondary school and that collects, maintains or uses student personal information or biometric information. School service does not include a website, online service or mobile application that is designed and marketed for use by individuals or entities generally, even if the website, online service or mobile application is also used in elementary or secondary schools.
29. "School service provider" means any private or public entity that operates a school service to the extent that it operates the school service.
24. 30. "Secondary grades" means grades nine through twelve.
25. 31. "Secondary property taxes" means ad valorem taxes used to pay the principal of and the interest and redemption charges on any bonded indebtedness or other lawful long‑term obligation issued or incurred for a specific purpose by a school district or a community college district and amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.
26. 32. "Subject" means a division or field of organized knowledge, such as English or mathematics, or a selection from an organized body of knowledge for a course or teaching unit, such as the English novel or elementary algebra.
33. "Written Release" means informed written consent executed by an individual who is over the age of majority or by a minor individual's parent or legal guardian.
Sec. 3. Repeal
Section 15-109, Arizona Revised Statutes, is repealed.
Sec. 4. Title 15, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 15-1046, to read:
15-1046. Biometric information; retention; collection; disclosure; destruction
A. A school or school service provider may not collect or possess biometric information of elementary or secondary school students unless the school or service provider first:
1. develops a written policy for the collection, retention, disclosure and destruction of biometric information, that does both of the following:
(a) Limits the collection, retention and disclosure of biometric information for legitimate educational purposes.
(b) Mandates the permanent destruction of the student's biometric information after the biometric information no longer benefits the student's education or within three years after the student's last interaction with the school or school service provider that collects or possesses the biometric information, whichever occurs first.
2. obtains a written release to collect biometric information that includes the retention schedule provided in this section and a valid educational purpose for the collection of the biometric information. unless a court of competent jurisdiction issues a valid warrant or subpoena, the school or school service provider that possesses biometric information shall comply with its policy for the collection, retention, disclosure and destruction of biometric information.
B. A School or School service provider may not share, sell, lease, trade or otherwise profit, directly or indirectly, from a student's biometric information or confidential and sensitive information.
c. A school or school service provider that possesses biometric information may not disclose, redisclose or otherwise disseminate a student's biometric information or confidential and sensitive information unless the disclosure, redisclosure or dissemination:
1. Has been authorized by the written release of the student or the student's parent or guardian.
2. Is required by state or federal law.
3. Is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
4. Completes a financial transaction requested or authorized by the student or the student's parent or guardian.
D. A School or School service provider that possesses student biometric information shall store, transmit and protect from disclosure all biometric information using the reasonable standard of care within the industry in a manner that is equivalent to or more protective than the manner in which the school or school service provider stores, transmits, and protects other confidential and sensitive information.
E. Any person aggrieved by a violation of this section has a right of action in a court of competent jurisdiction against an offending party. A prevailing party may recover for each violation against a school or school service provider that possesses student biometric information and that:
1. Negligently violates any provision of this section, damages of one thousand dollars or actual damages, whichever is greater.
2. Intentionally or recklessly violates any provision of this section, damages of five thousand dollars or actual damages, whichever is greater.
3. Shares, sells, leases or trades a student's biometric information for direct or indirect profit, damages of ten thousand dollars or actual damages, whichever is greater.
F. A court may assess reasonable attorney's fees and costs, including expert witness fees and other litigation expenses against a school or School service provider that is found to be in violation of this section. A court may provide other relief, including an injunction, as the court deems appropriate.
G. This section does not impact the admission or discovery of biometric information of any kind in any court or before any tribunal, board, agency or person.
H. This section applies only to schools and school service providers and not to any other contractor, subcontractor or agent of any state agency or local unit of government when working for that state agency or local unit of government.