Representative Desiree Morton, sponsor of House Bill 1357, told the House Education Committee that the bill would amend North Dakota Century Code section 15.1‑07‑25.3 to require school boards to allow district policies to permit sharing student data with a state entity managing the student information system only when a data‑sharing agreement is in place.

Supporters, including Amy Copas, executive director of the North Dakota Council of Educational Leaders, said the bill “ensures that student level data remains at the district level unless there’s a good rationale and formal data sharing agreement in place.” Copas cited the Family Educational Rights and Privacy Act (FERPA) and said the change is intended to replicate protections in existing SLDS (State Longitudinal Data System) law while accommodating the state’s planned migration from PowerSchool to Infinite Campus.

ChrisAnne Norby Johner, legal counsel for the North Dakota School Boards Association, urged caution. She reviewed federal rules that limit disclosure of student records — including FERPA, the Child Abuse Prevention and Treatment Act, ADA, section 504, and IDEA — and recommended tightening statutory language so any district‑to‑state sharing is “only as allowed under law and in accordance with applicable laws and regulations.”

State Superintendent Kirsten Basler said the technology and data flow for student records will change when the state adopts the Infinite Campus State Edition (ISSE) and that current data‑sharing agreements between districts and NDIT will need to transition to agreements between districts and the Department of Public Instruction. Basler and the assistant attorney general who advises SLDS drafted amendment language to add an effective date coinciding with the migration and to require interagency agreements.

Corey Mok, chief information officer for the state, and the North Dakota Information Technology Department signaled they oppose the bill as written but indicated willingness to work on statutory edits with the committee. The North Dakota Peace Officers Association also testified with concerns about how law enforcement access to certain data might be affected.

Committee chair said staff and stakeholder groups should work together on language; the committee directed representatives of DPI, NDIT and education groups to draft amendments and return to committee for further consideration.

The committee closed the hearing without taking a final vote and set a deadline for stakeholders to produce agreed language for committee consideration.