Bill Text: NY A08474 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8474--B 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 -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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 A 7 SCHOOL MAINTAINS EDUCATION RECORDS OR PERSONALLY IDENTIFIABLE INFORMA- 8 TION, BUT DOES NOT INCLUDE A PERSON WHO HAS NOT BEEN IN ATTENDANCE AT 9 SUCH SCHOOL. 10 (B) THE TERM "SCHOOL" MEANS ANY PUBLIC SCHOOL; IN ANY CITY, UNION 11 FREE, COMMON OR CENTRAL SCHOOL DISTRICT AND ANY NON-PUBLIC SCHOOL OF 12 ELEMENTARY OR SECONDARY EDUCATION. 13 (C) THE TERM "ELIGIBLE STUDENT" MEANS A STUDENT WHO HAS REACHED EIGH- 14 TEEN YEARS OF AGE. 15 (D) DISCLOSABLE DIRECTORY INFORMATION (DDI) HEREAFTER REFERRED TO IN 16 THIS SECTION AS "DIRECTORY INFORMATION", MEANS WITH RESPECT TO A 17 STUDENT, THE STUDENT'S NAME; PHOTOGRAPH; AGE; GRADE LEVEL; DATES OF 18 ATTENDANCE; PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND 19 SPORTS; WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS; HONORS AND 20 AWARDS RECEIVED; AND THE MOST RECENT SCHOOL ATTENDED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07381-14-2 A. 8474--B 2 1 (E) "PERSONALLY IDENTIFIABLE STUDENT INFORMATION (PISI)" SHALL INCLUDE 2 DISCLOSABLE DIRECTORY INFORMATION, AND A STUDENT'S OR PARENT'S ADDRESS, 3 TELEPHONE NUMBER, AND E-MAIL ADDRESS. 4 2. (A) A SCHOOL MAY DISCLOSE DIRECTORY INFORMATION ABOUT A STUDENT 5 ONLY: 6 (I) IF THE DISCLOSURE DOES NOT INCLUDE ANY INFORMATION OTHER THAN 7 DIRECTORY INFORMATION AS DEFINED IN THIS SECTION; 8 (II) AFTER GIVING THE PARENT OF THE STUDENT IN ATTENDANCE OR THE 9 ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE AND AN OPPORTUNITY 10 TO OPT-OUT OF THE DISCLOSURE IN ACCORDANCE WITH SUBDIVISION THREE OF 11 THIS SECTION; AND 12 (III) IF THE DISCLOSURE IS TO A SCHOOL NEWSPAPER, LOCAL NEWSPAPER, 13 SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG- 14 NITION LIST, GRADUATION PROGRAM, SPORTS RELATED PUBLICATION WHICH 15 PROVIDES SPECIFIC INFORMATION ABOUT PARTICULAR STUDENTS FOR THE PURPOSES 16 OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR PARENT AND TEACHER ORGAN- 17 IZATION. 18 (B) A SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION 19 ONLY WITH THE AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN 20 ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE IN ACCORDANCE WITH THE 21 PROCEDURE PROVIDED IN SUBDIVISION THREE OF THIS SECTION IF: 22 (I) THE DISCLOSURE IS TO THE PARENT OF ANY STUDENT IN ATTENDANCE OR 23 ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR 24 (II) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION THAT: (A) SEEKS 25 THE INFORMATION FOR A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE 26 BENEFICIAL TO THE STUDENT; (B) STATES IN WRITING THAT IT HAS NOT USED OR 27 DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN 28 A MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN THE PAST FIVE 29 YEARS; AND (C) AGREES IN WRITING TO USE THE INFORMATION ONLY FOR THAT 30 PURPOSE AND TO RETURN OR DESTROY THE INFORMATION WHEN THE PURPOSE HAS 31 BEEN FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES FIRST; 32 AND 33 (III) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED 34 OR DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL 35 IN A MANNER INCONSISTENT WITH THE TERMS OF THE DISCLOSURE WITHIN THE 36 PAST FIVE YEARS. 37 (C) UNLESS OTHERWISE ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN WITH THE 38 AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN ATTENDANCE OR THE 39 ELIGIBLE STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE STUDENT 40 INFORMATION FOR A COMMERCIAL, FOR-PROFIT ACTIVITY INCLUDING BUT NOT 41 LIMITED TO USE FOR: 42 (I) MARKETING PRODUCTS OR SERVICES; 43 (II) SELLING PERSONALLY IDENTIFIABLE STUDENT INFORMATION FOR USE IN 44 MARKETING PRODUCTS OR SERVICES; 45 (III) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE; 46 (IV) COMPILATION OF A STUDENT LIST; 47 (V) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR 48 (VI) ANY OTHER PURPOSE CONSIDERED BY THE SCHOOL AS LIKELY TO BE A 49 COMMERCIAL, FOR-PROFIT ACTIVITY. 50 (D) IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL 51 MAY ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO ACCOM- 52 PLISH THE PURPOSE OF THE DISCLOSURE. 53 3. WITHIN THE FIRST WEEK OF EACH SCHOOL YEAR, EACH SCHOOL SHALL ISSUE 54 A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK, AND SEND HOME WITH 55 EVERY STUDENT, INFORMATION STIPULATING THE DISCLOSURE PROCEDURES FOR 56 DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT INFORMATION. A. 8474--B 3 1 (A) THE DISCLOSURE INFORMATION SHALL CONSIST OF THE DEFINITION OF 2 DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT INFORMATION AS 3 SET FORTH IN THIS SECTION; AND SHALL ALSO INCLUDE: 4 (I) THE PROCEDURE FOR PROHIBITING THE SCHOOL FROM DISSEMINATING DIREC- 5 TORY INFORMATION UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION 6 AND A DESCRIPTION OF ANY DIRECTORY INFORMATION THAT THE SCHOOL PROPOSES 7 TO DISCLOSE DURING THE SCHOOL YEAR; AND 8 (II) THE PROCEDURE FOR AUTHORIZING THE SCHOOL TO DISCLOSE PERSONALLY 9 IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO 10 OF THIS SECTION AND A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT 11 INFORMATION THAT THE SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR. 12 (B) (I) IF THE SCHOOL DOES NOT RECEIVE NOTICE FROM THE PARENT OF A 13 STUDENT IN ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE AT THE 14 SCHOOL PROHIBITING THE DISCLOSURE OF DIRECTORY INFORMATION WITHIN THIRTY 15 DAYS OF THE DISSEMINATION OF THE INFORMATION REQUIRED TO BE PROVIDED IN 16 PARAGRAPH (A) OF THIS SUBDIVISION, THE SCHOOL MAY DISSEMINATE DIRECTORY 17 INFORMATION RELATING TO THE STUDENT PURSUANT TO PARAGRAPH (A) OF SUBDI- 18 VISION TWO OF THIS SECTION. 19 (II) IF THE SCHOOL DOES RECEIVE CONSENT FROM THE PARENT OF A STUDENT 20 IN ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL TO 21 DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B) 22 OF SUBDIVISION TWO OF THIS SECTION, THE SCHOOL MAY DISSEMINATE 23 PERSONALLY IDENTIFIABLE STUDENT INFORMATION AS SET FORTH IN THIS 24 SECTION. 25 4. NOTHING IN THIS SECTION SHALL LIMIT THE ADMINISTRATIVE USE OF 26 PUBLIC SCHOOL RECORDS BY A PERSON ACTING EXCLUSIVELY IN THE PERSON'S 27 CAPACITY AS AN EMPLOYEE OF A BOARD OF EDUCATION OR OF THE STATE OR ANY 28 OF ITS POLITICAL SUBDIVISIONS, ANY COURT, OR THE FEDERAL GOVERNMENT. 29 5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF 30 PERSONALLY IDENTIFIABLE STUDENT INFORMATION TO THE DEPARTMENT, THE 31 UNITED STATES MILITARY, OR ANY INSTITUTION OF HIGHER EDUCATION, ANY 32 POLITICAL SUBDIVISION OR FEDERAL AGENCY, OR A SCHOOL DISTRICT OR SCHOOL 33 THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION. 34 S 2. This act shall take effect July 1, 2013.