Bill Text: NY A08474 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-12 - amend and recommit to rules 8474b [A08474 Detail]

Download: New_York-2011-A08474-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8474
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2011
                                      ___________
       Introduced by M. of A. ROSENTHAL, NOLAN -- read once and referred to the
         Committee on Education
       AN  ACT  to  amend  the  education  law,  in  relation to the release of
         personally identifiable student information by school districts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 3212-b
    2  to read as follows:
    3    S  3212-B.  RELEASE  OF  PERSONALLY IDENTIFIABLE INFORMATION BY SCHOOL
    4  DISTRICTS.  1. FOR THE PURPOSES OF  THIS  SECTION  THE  FOLLOWING  TERMS
    5  SHALL HAVE THE FOLLOWING MEANINGS:
    6    (A)  "STUDENT"  SHALL MEAN AND INCLUDE ANY PERSON WITH RESPECT TO WHOM
    7  AN EDUCATIONAL AGENCY OR  INSTITUTION  MAINTAINS  EDUCATION  RECORDS  OR
    8  PERSONALLY  IDENTIFIABLE  INFORMATION, BUT DOES NOT INCLUDE A PERSON WHO
    9  HAS NOT BEEN IN ATTENDANCE AT SUCH AGENCY OR INSTITUTION.
   10    (B) THE TERM "SCHOOL" MEANS ANY PUBLIC  SCHOOL;  IN  ANY  CITY,  UNION
   11  FREE,  COMMON  OR  CENTRAL  SCHOOL  DISTRICT,  ANY  NON-PUBLIC SCHOOL OF
   12  SECONDARY EDUCATION; AND ANY SCHOOL OF HIGHER EDUCATION.
   13    (C) DISCLOSABLE DIRECTORY INFORMATION (DDI) HEREAFTER REFERRED  TO  IN
   14  THIS  SECTION  AS  "DIRECTORY  INFORMATION",  MEANS  WITH  RESPECT  TO A
   15  STUDENT, THE STUDENT'S NAME; PHOTOGRAPH;  AGE;  MAJOR  FIELD  OF  STUDY;
   16  GRADE   LEVEL;  ENROLLMENT  STATUS  (E.G.,  UNDERGRADUATE  OR  GRADUATE,
   17  FULL-TIME OR PART-TIME); DATES OF ATTENDANCE; PARTICIPATION IN OFFICIAL-
   18  LY RECOGNIZED ACTIVITIES AND SPORTS; WEIGHT AND  HEIGHT  OF  MEMBERS  OF
   19  ATHLETIC TEAMS; DEGREES, HONORS AND AWARDS RECEIVED; AND THE MOST RECENT
   20  EDUCATIONAL AGENCY OR INSTITUTION ATTENDED.
   21    (D) "PERSONALLY IDENTIFIABLE STUDENT INFORMATION (PISI)" SHALL INCLUDE
   22  DISCLOSABLE  DIRECTORY INFORMATION, AND A STUDENT'S OR PARENT'S ADDRESS,
   23  TELEPHONE NUMBER, AND E-MAIL ADDRESS.
   24    2. (A) A SCHOOL MAY DISCLOSE DIRECTORY  INFORMATION  ABOUT  A  STUDENT
   25  ONLY:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07381-09-1
       A. 8474                             2
    1    (I)  IF  THE  DISCLOSURE  DOES  NOT INCLUDE ANY INFORMATION OTHER THAN
    2  DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
    3    (II)  AFTER  GIVING  THE  PARENT  OF  THE STUDENT IN ATTENDANCE OR THE
    4  ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE AND  AN  OPPORTUNITY
    5  TO  OPT-OUT  OF  THE  DISCLOSURE IN ACCORDANCE WITH SUBDIVISION THREE OF
    6  THIS SECTION; AND
    7    (III) IF THE DISCLOSURE IS TO A  SCHOOL  NEWSPAPER,  LOCAL  NEWSPAPER,
    8  SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG-
    9  NITION  LIST,  GRADUATION  PROGRAM,  SPORTS  RELATED  PUBLICATION  WHICH
   10  PROVIDES SPECIFIC INFORMATION ABOUT PARTICULAR STUDENTS FOR THE PURPOSES
   11  OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR PARENT AND TEACHER  ORGAN-
   12  IZATION.
   13    (B)  A SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION
   14  ONLY WITH THE AFFIRMATIVE CONSENT  OF  THE  PARENT  OF  THE  STUDENT  IN
   15  ATTENDANCE  OR THE ELIGIBLE STUDENT IN ATTENDANCE IN ACCORDANCE WITH THE
   16  PROCEDURE PROVIDED IN SUBDIVISION THREE OF THIS SECTION IF:
   17    (I) THE DISCLOSURE IS TO THE PARENT OF ANY STUDENT  IN  ATTENDANCE  OR
   18  ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
   19    (II)  THE  DISCLOSURE  IS TO A NON-PROFIT ORGANIZATION THAT: (A) SEEKS
   20  THE INFORMATION FOR A SPECIFIC PURPOSE DETERMINED BY THE  SCHOOL  TO  BE
   21  BENEFICIAL TO THE STUDENT; (B) STATES IN WRITING THAT IT HAS NOT USED OR
   22  DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN
   23  A  MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN THE PAST FIVE
   24  YEARS; AND (C) AGREES IN WRITING TO USE THE INFORMATION  ONLY  FOR  THAT
   25  PURPOSE  AND  TO  RETURN OR DESTROY THE INFORMATION WHEN THE PURPOSE HAS
   26  BEEN FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES  FIRST;
   27  AND
   28    (III)  THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED
   29  OR DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL
   30  IN A MANNER INCONSISTENT WITH THE TERMS OF  THE  DISCLOSURE  WITHIN  THE
   31  PAST FIVE YEARS.
   32    (C)  UNLESS  OTHERWISE ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN WITH THE
   33  AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN  ATTENDANCE  OR  THE
   34  ELIGIBLE STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE STUDENT
   35  INFORMATION  FOR  A  COMMERCIAL,  FOR-PROFIT  ACTIVITY INCLUDING BUT NOT
   36  LIMITED TO USE FOR:
   37    (I) MARKETING PRODUCTS OR SERVICES;
   38    (II) SELLING PERSONALLY IDENTIFIABLE STUDENT INFORMATION  FOR  USE  IN
   39  MARKETING PRODUCTS OR SERVICES;
   40    (III) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
   41    (IV) COMPILATION OF A STUDENT LIST;
   42    (V) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
   43    (VI)  ANY  OTHER  PURPOSE  CONSIDERED  BY THE SCHOOL AS LIKELY TO BE A
   44  COMMERCIAL, FOR-PROFIT ACTIVITY.
   45    (D) IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL
   46  MAY ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO  ACCOM-
   47  PLISH THE PURPOSE OF THE DISCLOSURE.
   48    3.  WITHIN  THE  FIRST  WEEK OF EACH SCHOOL YEAR, EACH SCHOOL DISTRICT
   49  SHALL ISSUE A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK,  AND  SEND
   50  HOME  WITH  EVERY STUDENT, INFORMATION STIPULATING THE DISCLOSURE PROCE-
   51  DURES FOR DISCLOSABLE DIRECTORY INFORMATION AND PERSONALLY  IDENTIFIABLE
   52  STUDENT INFORMATION.
   53    (A)  THE  DISCLOSURE  INFORMATION  SHALL  CONSIST OF THE DEFINITION OF
   54  DISCLOSABLE DIRECTORY INFORMATION AND  PERSONALLY  IDENTIFIABLE  STUDENT
   55  INFORMATION AS SET FORTH IN THIS SECTION; AND SHALL ALSO INCLUDE:
       A. 8474                             3
    1    (I)  THE PROCEDURE FOR PROHIBITING THE SCHOOL FROM DISSEMINATING DISC-
    2  LOSABLE DIRECTORY INFORMATION UNDER PARAGRAPH (A) OF SUBDIVISION TWO  OF
    3  THIS  SECTION  AND  A  DESCRIPTION OF ANY DIRECTORY INFORMATION THAT THE
    4  SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR; AND
    5    (II)  THE  PROCEDURE FOR AUTHORIZING THE SCHOOL TO DISCLOSE PERSONALLY
    6  IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B) OF SUBDIVISION  TWO
    7  OF THIS SECTION AND A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT
    8  INFORMATION THAT THE SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR.
    9    (B)  (I)  IF  THE  SCHOOL DOES NOT RECEIVE NOTICE FROM THE PARENT OF A
   10  STUDENT IN ATTENDANCE OR THE  ELIGIBLE  STUDENT  IN  ATTENDANCE  AT  THE
   11  SCHOOL PROHIBITING THE DISCLOSURE OF DIRECTORY INFORMATION WITHIN THIRTY
   12  DAYS  OF THE DISSEMINATION OF THE INFORMATION REQUIRED TO BE PROVIDED IN
   13  PARAGRAPH (A) OF THIS SUBDIVISION, THE SCHOOL MAY DISSEMINATE  DISCLOSA-
   14  BLE  DIRECTORY INFORMATION RELATING TO THE STUDENT PURSUANT TO PARAGRAPH
   15  (A) OF SUBDIVISION TWO OF THIS SECTION.
   16    (II) IF THE SCHOOL DOES RECEIVE CONSENT FROM THE PARENT OF  A  STUDENT
   17  IN  ATTENDANCE  OR  THE  ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL TO
   18  DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B)
   19  OF  SUBDIVISION  TWO  OF  THIS  SECTION,  THE  SCHOOL  MAY   DISSEMINATE
   20  PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  AS  SET  FORTH  IN  THIS
   21  SECTION.
   22    4. NOTHING IN THIS SECTION  SHALL  LIMIT  THE  ADMINISTRATIVE  USE  OF
   23  PUBLIC  SCHOOL  RECORDS  BY  A PERSON ACTING EXCLUSIVELY IN THE PERSON'S
   24  CAPACITY AS AN EMPLOYEE OF A BOARD OF EDUCATION OR OF THE STATE  OR  ANY
   25  OF ITS POLITICAL SUBDIVISIONS, ANY COURT, OR THE FEDERAL GOVERNMENT.
   26    5.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF
   27  PERSONALLY IDENTIFIABLE  STUDENT  INFORMATION  TO  THE  DEPARTMENT,  THE
   28  UNITED  STATES  MILITARY,  OR  ANY  INSTITUTION OF HIGHER EDUCATION, ANY
   29  POLITICAL SUBDIVISION OR FEDERAL AGENCY THAT DEMONSTRATES AN APPROPRIATE
   30  NEED FOR THE INFORMATION OR A SCHOOL  DISTRICT  OR  SCHOOL  THAT  DEMON-
   31  STRATES AN APPROPRIATE NEED FOR THE INFORMATION.
   32    S 2. This act shall take effect July 1, 2011 and shall apply to school
   33  years beginning with the 2011-2012 academic year.