Bill Text: NY S01970 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires consent prior to sharing certain student information with third party contractors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S01970 Detail]

Download: New_York-2021-S01970-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1970

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law,  in  relation  to  requiring  consent
          prior to sharing certain student information

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph e of subdivision 5 of section 2-d of  the  educa-
     2  tion law, as added by section 1 of subpart L of part AA of chapter 56 of
     3  the laws of 2014, is amended to read as follows:
     4    e.  Each educational agency that enters into a contract or other writ-
     5  ten agreement with a third party contractor under which the third  party
     6  contractor  will receive student data or teacher or principal data shall
     7  ensure that such contract or agreement  includes  a  data  security  and
     8  privacy  plan that outlines how all state, federal, and local data secu-
     9  rity and privacy contract requirements will be implemented over the life
    10  of the contract, consistent with the educational agency's policy on data
    11  security and privacy. Such plan shall include, but shall not be  limited
    12  to,  a  signed  copy  of the parents bill of rights for data privacy and
    13  security, and a requirement that any officers or employees of the  third
    14  party  contractor  and  its assignees who have access to student data or
    15  teacher or principal data have received or will receive training on  the
    16  federal  and  state  law governing confidentiality of such data prior to
    17  receiving access. No student data shall be  released  pursuant  to  this
    18  paragraph  without  obtaining  written consent of the parent or eligible
    19  student.
    20    § 2. Section 2-c of the education law  is  amended  by  adding  a  new
    21  subdivision 4 to read as follows:
    22    4.  No educational agency shall release personally identifiable infor-
    23  mation to a SLISP or data dashboard operator without  obtaining  written
    24  consent  of the parent or eligible student, as such terms are defined in
    25  section two-d of this article.
    26    § 3. This act shall take effect on the thirtieth day  after  it  shall
    27  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02141-01-1
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