La. Admin. Code tit. 28 § CXV-1149

Current through Register Vol. 50, No. 8, August 20, 2024

Section CXV-1149 - Student Biometric Information

A.Biometric Information - any noninvasive electronic measurement and evaluation of any physical characteristics that are attributable to a single person, including:

1. fingerprint characteristics;

2. eye characteristics;

3. hand characteristics;

4. vocal characteristics;

5. facial characteristics; and

6. any other physical characteristics used to electronically identify that person with a high degree of certainty.

B. Any LEA that collects such information shall develop, adopt, and implement policies that govern the collection and use of such information that, at a minimum shall:

1. require written permission from the student's parent or other legal guardian, or the student if he or she is age 18 or older, prior to the collection of any biometric information. It requires a form created for the express purpose of obtaining the required permission and requires that the granting of permission shall not be included as a part of any form used for enrollment purposes or other form required by the school's governing authority for any other purpose;

2. provide that any biometric information collected from a student shall be used only for identification or fraud prevention purposes;

3. ensure that a student's biometric information shall not be disclosed to a third party without the written permission of the student's parent or other legal guardian, or the student if he or she is age 18 or older, unless the disclosure is required by court order;

4. provide for the secure storage, transmission, and protection of all biometric information from unauthorized disclosure;

5. encrypt student biometric information using an algorithmic process which transforms data into a form in which there is a low probability of assigning meaning to such information without use of a confidential process or key;

6. ensure that the use of a student's biometric information is discontinued upon:

a. the student's graduation or withdrawal from school; or

b. receipt of a written request to discontinue use of such information from the student's parent or other legal guardian, or the student if he or she is age 18 or older;

7. provide that all biometric information collected from a student be destroyed within 30 days after use of such information is discontinued;

8. provide that a student shall not be refused or denied any services due to the failure to provide written consent and that the collection of student biometric information must comply with all applicable state and federal law and requirements, including the federal Family Educational Rights Privacy Act of 1974 (FERPA).

La. Admin. Code tit. 28, § CXV-1149

Promulgated by the Board of Elementary and Secondary Education, LR 37:1139 (April 2011), amended LR 39:2209 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:100.8.