November 8, 2012, Introduced by Rep. Opsommer and referred to the Committee on Education.
A bill to require a student testing service to allow test
takers to opt out of certain requirements to submit a photograph or
likeness.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "test
taker privacy act".
Sec. 2. As used in this act, "student testing service" means a
private entity in the business of administering or coordinating
standardized testing to assess the educational achievement, skills,
or aptitude of prospective students for use in applications for
admission to postsecondary educational institutions.
Sec. 3. (1) If a student testing service that administers or
coordinates standardized testing in this state requires a test
taker to submit a photograph or likeness that the student testing
service intends to keep, copy, add to a database, or otherwise
retain in its records, it shall provide the test taker an
opportunity to opt out of that requirement. The student testing
service shall not charge additional fees, require alternative
testing times, require the provision of additional biometrics
beyond a signature, or otherwise discriminate against an applicant
for a test that the service administers or coordinates because the
applicant opts out of that requirement. A student testing service
shall not require a test taker to submit a photograph in advance of
testing.
(2) Subsection (1) does not prohibit a student testing service
from doing any of the following:
(a) Requiring a test taker to show photographic identification
at a test site for purposes of verifying the identity of the test
taker.
(b) Requiring a test taker to sign a statement acknowledging
that he or she is not impersonating another individual, that any
photographic identification he or she has provided is not altered
and accurately identifies the test taker, and that he or she has
been advised that impersonation could result in criminal charges.
(3) A student testing service that creates or helps to create
a test-taker database of information that it shares with high
school and college administrators shall submit a security plan to
the state department of education that describes in detail the
information that is included in the database, the persons or
entities the information is shared with, and the security protocols
in place to protect the database from unauthorized access or theft
of data. The student testing service shall promptly supply any
updates of the plan to the department of education.
(4) A student testing service that creates a test-taker
database shall make a copy of its privacy policy available on the
internet and shall provide a written copy of its privacy policy to
each test taker at the time of testing.