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
                           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.
feedback