New Hampshire Revised Statutes 189:67 – Limits on Disclosure of Information
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I. A school shall, on request, disclose student personally-identifiable data about a student to the parent, foster parent, or legal guardian of the student under the age of 18 or to the eligible student.
II. A school or the department may disclose to a testing entity the student’s name, unique pupil identifier, and birth date for the sole purpose of identifying the test taker. Except when collected in conjunction with the SAT or ACT:
(a) When such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, the data shall be maintained by the testing entity in accordance with N.H. Rev. Stat. § 193-C:12.
(b) The data shall not be disclosed by the testing entity to any other person, organization, entity, or government or any component thereof, other than the parent or guardian, the department, school or school district, and shall not be used by the testing entity for any other purpose except as provided in N.H. Rev. Stat. § 193-C:12.
II-a. Students taking the SAT or ACT, when such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, may opt to have all personal information destroyed by the testing entity, following the completion and verification of the test.
III. Except as provided in N.H. Rev. Stat. § 193-C:12 or when collected in conjunction with the SAT or ACT, when such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, neither a school nor the department shall disclose or permit the disclosure of student or teacher personally-identifiable data, the unique pupil identifier, or any other data listed in N.H. Rev. Stat. § 189:68, I to any testing entity performing test-data analysis. The testing entity may perform the test analysis but shall not connect such data to other student data.
IV. Except as provided in N.H. Rev. Stat. § 193-E:5, or pursuant to a court order signed by a judge, the department shall not disclose student personally-identifiable data in the SLDS or teacher personally-identifiable data in other department data systems to any individual, person, organization, entity, government or component thereof, but may disclose such data to the school district in which the student resides or the teacher is employed.
V. Student personally-identifiable data shall be considered confidential and privileged and shall not be disclosed, directly or indirectly, as a result of administrative or judicial proceedings.
VI. The department shall report quarterly on its website the number of times it disclosed student personally-identifiable data to any person, organization entity or government or a component thereof, other than the student, his or her parents, foster parents or legal guardian and the school district, early childhood program or post-secondary institution in which the student was enrolled at the time of disclosure; the name of the recipient or entity of the disclosure; and the legal basis for the disclosure.
II. A school or the department may disclose to a testing entity the student’s name, unique pupil identifier, and birth date for the sole purpose of identifying the test taker. Except when collected in conjunction with the SAT or ACT:
Terms Used In New Hampshire Revised Statutes 189:67
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) When such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, the data shall be maintained by the testing entity in accordance with N.H. Rev. Stat. § 193-C:12.
(b) The data shall not be disclosed by the testing entity to any other person, organization, entity, or government or any component thereof, other than the parent or guardian, the department, school or school district, and shall not be used by the testing entity for any other purpose except as provided in N.H. Rev. Stat. § 193-C:12.
II-a. Students taking the SAT or ACT, when such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, may opt to have all personal information destroyed by the testing entity, following the completion and verification of the test.
III. Except as provided in N.H. Rev. Stat. § 193-C:12 or when collected in conjunction with the SAT or ACT, when such tests are used for the purpose of the state assessment as defined in N.H. Rev. Stat. § 193-C:6, neither a school nor the department shall disclose or permit the disclosure of student or teacher personally-identifiable data, the unique pupil identifier, or any other data listed in N.H. Rev. Stat. § 189:68, I to any testing entity performing test-data analysis. The testing entity may perform the test analysis but shall not connect such data to other student data.
IV. Except as provided in N.H. Rev. Stat. § 193-E:5, or pursuant to a court order signed by a judge, the department shall not disclose student personally-identifiable data in the SLDS or teacher personally-identifiable data in other department data systems to any individual, person, organization, entity, government or component thereof, but may disclose such data to the school district in which the student resides or the teacher is employed.
V. Student personally-identifiable data shall be considered confidential and privileged and shall not be disclosed, directly or indirectly, as a result of administrative or judicial proceedings.
VI. The department shall report quarterly on its website the number of times it disclosed student personally-identifiable data to any person, organization entity or government or a component thereof, other than the student, his or her parents, foster parents or legal guardian and the school district, early childhood program or post-secondary institution in which the student was enrolled at the time of disclosure; the name of the recipient or entity of the disclosure; and the legal basis for the disclosure.