2023 Tennessee Code
Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703)
Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208)
Part 7 - DATA ACCESSIBILITY, TRANSPARENCY AND ACCOUNTABILITY ACT (§§ 49-1-701 — 49-1-708)
Section 49-1-702 - Part definitions

As used in this part:

• (1) "Aggregate data" means data collected or reported at the group, cohort or institutional level;

• (2) "Biometric record" means a record of one (1) or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual;

• (3) "Covered information" means personally identifiable information or material, or information that is linked to personally identifiable information or material, in any media or format that is not publicly available and is:
  • (A) Created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service, or application for K-12 school purposes;
  • (B) Created by or provided to an operator by an employee or agent of a K-12 school or an LEA for K-12 school purposes; or
  • (C) Gathered by an operator through the operation of its site, service, or application for K-12 school purposes and personally identifies a student;

• (4) "Data system" means the body of student data collected by the department of education;

• (5) "De-identified data" means a student dataset in which parent and student identifying information, including the personal identification number, has been removed;

• (6) "Department" means the department of education;

• (7) "FERPA" means the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);

• (8) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions;

• (9) "K-12 school" means a school that offers any of the grades kindergarten through twelve (K-12) and is operated by an LEA;

• (10) "K-12 school purposes" means purposes that are directed by or that customarily take place at the direction of a K-12 school, teacher, or LEA or that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration among students, school personnel, or parents, or are otherwise for the use and benefit of the school;

• (11) "Operator" means, to the extent that it is operating in this capacity, the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K-12 school purposes and is designed and marketed for K-12 school purposes;

• (12) "Persistent unique identifier" means a unique reference number used as an identifier in computer software that is stored across different usage sessions;

• (13) "Personal identification number" means the unique student identifier assigned to a student under § 49-6-5101;

• (14) "State board" means the state board of education;

• (15)
  • (A) "Student data" means data collected or reported at the individual student level that is included in a student's educational record;
  • (B) "Student data" includes:
    • (i) State and national assessment results, including information on untested public school students;
    • (ii) Course taking and completion, credits earned and other transcript information;
    • (iii) Course grades and grade point average;
    • (iv) Date of birth, grade level and expected graduation date or graduation cohort;
    • (v) Degree, diploma, credential attainment and other school exit information such as receipt of a high school equivalency credential approved by the state board of education and drop-out data;
    • (vi) Attendance and mobility;
    • (vii) Data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information;
    • (viii) Discipline reports limited to objective information sufficient to produce the federal Title IV annual incident report;
    • (ix) Remediation;
    • (x) Special education data; and
    • (xi) Demographic data and program participation information; and
  • (C) Unless included in a student's educational record, "student data" does not include:
    • (i) Juvenile delinquency records;
    • (ii) Criminal records;
    • (iii) Medical and health records;
    • (iv) Student social security number; and
    • (v) Student biometric information;

• (16) "Targeted advertising" means presenting advertisements to a student where advertisements are selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or covered information. "Targeted advertising" does not include advertising to a student at an online location based upon that student's current visit to that location, or in response to that student's request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements; and

• (17) "Teacher data" means personal summative and evaluation scores, the access to which is limited to the department, LEA administrators, local boards of education or those with direct supervisory authority who require such access to perform their assigned duties. Nothing in this part shall restrict the availability of information pursuant to § 49-1-606.

Amended by 2023 Tenn. Acts, ch. 114, s 11, eff. 7/1/2023.

Amended by 2016 Tenn. Acts, ch. 757, s 2, eff. 7/1/2016.

Added by 2014 Tenn. Acts, ch. 905, s 4, eff. 7/1/2014.