Bill Text: NY S02357 | 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: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-21 - COMMITTED TO RULES [S02357 Detail]

Download: New_York-2011-S02357-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2357--C
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 19, 2011
                                      ___________
       Introduced by Sens. OPPENHEIMER, ADAMS, BONACIC, FUSCHILLO -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on  Education -- committee discharged, bill amended, ordered reprinted
         as amended and recommitted to said committee -- committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee -- recommitted to the Committee on Education  in  accordance
         with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07381-10-2
       S. 2357--C                          2
    1  ATHLETIC TEAMS; DEGREES, HONORS AND AWARDS RECEIVED; AND THE MOST RECENT
    2  EDUCATIONAL AGENCY OR INSTITUTION ATTENDED.
    3    (D) "PERSONALLY IDENTIFIABLE STUDENT INFORMATION (PISI)" SHALL INCLUDE
    4  DISCLOSABLE  DIRECTORY INFORMATION, AND A STUDENT'S OR PARENT'S ADDRESS,
    5  TELEPHONE NUMBER, AND E-MAIL ADDRESS.
    6    2. (A) A SCHOOL MAY DISCLOSE DIRECTORY  INFORMATION  ABOUT  A  STUDENT
    7  ONLY:
    8    (I)  IF  THE  DISCLOSURE  DOES  NOT INCLUDE ANY INFORMATION OTHER THAN
    9  DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
   10    (II) AFTER GIVING THE PARENT OF  THE  STUDENT  IN  ATTENDANCE  OR  THE
   11  ELIGIBLE  STUDENT  IN ATTENDANCE AT THE SCHOOL NOTICE AND AN OPPORTUNITY
   12  TO OPT-OUT OF THE DISCLOSURE IN ACCORDANCE  WITH  SUBDIVISION  THREE  OF
   13  THIS SECTION; AND
   14    (III)  IF  THE  DISCLOSURE  IS TO A SCHOOL NEWSPAPER, LOCAL NEWSPAPER,
   15  SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG-
   16  NITION  LIST,  GRADUATION  PROGRAM,  SPORTS  RELATED  PUBLICATION  WHICH
   17  PROVIDES SPECIFIC INFORMATION ABOUT PARTICULAR STUDENTS FOR THE PURPOSES
   18  OF  A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR PARENT AND TEACHER ORGAN-
   19  IZATION.
   20    (B) A SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT  INFORMATION
   21  ONLY  WITH  THE  AFFIRMATIVE  CONSENT  OF  THE  PARENT OF THE STUDENT IN
   22  ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE IN ACCORDANCE WITH  THE
   23  PROCEDURE PROVIDED IN SUBDIVISION THREE OF THIS SECTION IF:
   24    (I)  THE  DISCLOSURE  IS TO THE PARENT OF ANY STUDENT IN ATTENDANCE OR
   25  ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
   26    (II) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION  THAT:  (A)  SEEKS
   27  THE  INFORMATION  FOR  A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE
   28  BENEFICIAL TO THE STUDENT; (B) STATES IN WRITING THAT IT HAS NOT USED OR
   29  DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN
   30  A MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN THE PAST  FIVE
   31  YEARS;  AND  (C)  AGREES IN WRITING TO USE THE INFORMATION ONLY FOR THAT
   32  PURPOSE AND TO RETURN OR DESTROY THE INFORMATION WHEN  THE  PURPOSE  HAS
   33  BEEN  FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES FIRST;
   34  AND
   35    (III) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS  USED
   36  OR DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL
   37  IN  A  MANNER  INCONSISTENT  WITH THE TERMS OF THE DISCLOSURE WITHIN THE
   38  PAST FIVE YEARS.
   39    (C) UNLESS OTHERWISE ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN  WITH  THE
   40  AFFIRMATIVE  CONSENT  OF  THE PARENT OF THE STUDENT IN ATTENDANCE OR THE
   41  ELIGIBLE STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE STUDENT
   42  INFORMATION FOR A COMMERCIAL,  FOR-PROFIT  ACTIVITY  INCLUDING  BUT  NOT
   43  LIMITED TO USE FOR:
   44    (I) MARKETING PRODUCTS OR SERVICES;
   45    (II)  SELLING  PERSONALLY  IDENTIFIABLE STUDENT INFORMATION FOR USE IN
   46  MARKETING PRODUCTS OR SERVICES;
   47    (III) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
   48    (IV) COMPILATION OF A STUDENT LIST;
   49    (V) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
   50    (VI) ANY OTHER PURPOSE CONSIDERED BY THE SCHOOL  AS  LIKELY  TO  BE  A
   51  COMMERCIAL, FOR-PROFIT ACTIVITY.
   52    (D) IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL
   53  MAY  ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO ACCOM-
   54  PLISH THE PURPOSE OF THE DISCLOSURE.
   55    3. WITHIN THE FIRST WEEK OF EACH SCHOOL  YEAR,  EACH  SCHOOL  DISTRICT
   56  SHALL  ISSUE  A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK, AND SEND
       S. 2357--C                          3
    1  HOME WITH EVERY STUDENT, INFORMATION STIPULATING THE  DISCLOSURE  PROCE-
    2  DURES  FOR DISCLOSABLE DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE
    3  STUDENT INFORMATION.
    4    (A)  THE  DISCLOSURE  INFORMATION  SHALL  CONSIST OF THE DEFINITION OF
    5  DISCLOSABLE DIRECTORY INFORMATION AND  PERSONALLY  IDENTIFIABLE  STUDENT
    6  INFORMATION AS SET FORTH IN THIS SECTION; AND SHALL ALSO INCLUDE:
    7    (I)  THE PROCEDURE FOR PROHIBITING THE SCHOOL FROM DISSEMINATING DISC-
    8  LOSABLE DIRECTORY INFORMATION UNDER PARAGRAPH (A) OF SUBDIVISION TWO  OF
    9  THIS  SECTION  AND  A  DESCRIPTION OF ANY DIRECTORY INFORMATION THAT THE
   10  SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR; AND
   11    (II) THE PROCEDURE FOR AUTHORIZING THE SCHOOL TO  DISCLOSE  PERSONALLY
   12  IDENTIFIABLE  STUDENT INFORMATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO
   13  OF THIS SECTION AND A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT
   14  INFORMATION THAT THE SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR.
   15    (B) (I) IF THE SCHOOL DOES NOT RECEIVE NOTICE FROM  THE  PARENT  OF  A
   16  STUDENT  IN  ATTENDANCE  OR  THE  ELIGIBLE  STUDENT IN ATTENDANCE AT THE
   17  SCHOOL PROHIBITING THE DISCLOSURE OF DIRECTORY INFORMATION WITHIN THIRTY
   18  DAYS OF THE DISSEMINATION OF THE INFORMATION REQUIRED TO BE PROVIDED  IN
   19  PARAGRAPH  (A) OF THIS SUBDIVISION, THE SCHOOL MAY DISSEMINATE DISCLOSA-
   20  BLE DIRECTORY INFORMATION RELATING TO THE STUDENT PURSUANT TO  PARAGRAPH
   21  (A) OF SUBDIVISION TWO OF THIS SECTION.
   22    (II)  IF  THE SCHOOL DOES RECEIVE CONSENT FROM THE PARENT OF A STUDENT
   23  IN ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE  AT  THE  SCHOOL  TO
   24  DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B)
   25  OF   SUBDIVISION  TWO  OF  THIS  SECTION,  THE  SCHOOL  MAY  DISSEMINATE
   26  PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  AS  SET  FORTH  IN  THIS
   27  SECTION.
   28    4.  NOTHING  IN  THIS  SECTION  SHALL  LIMIT THE ADMINISTRATIVE USE OF
   29  PUBLIC SCHOOL RECORDS BY A PERSON ACTING  EXCLUSIVELY  IN  THE  PERSON'S
   30  CAPACITY  AS  AN EMPLOYEE OF A BOARD OF EDUCATION OR OF THE STATE OR ANY
   31  OF ITS POLITICAL SUBDIVISIONS, ANY COURT, OR THE FEDERAL GOVERNMENT.
   32    5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  RELEASE  OF
   33  PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  TO  THE  DEPARTMENT, THE
   34  UNITED STATES MILITARY, OR ANY  INSTITUTION  OF  HIGHER  EDUCATION,  ANY
   35  POLITICAL SUBDIVISION OR FEDERAL AGENCY THAT DEMONSTRATES AN APPROPRIATE
   36  NEED  FOR  THE  INFORMATION  OR  A SCHOOL DISTRICT OR SCHOOL THAT DEMON-
   37  STRATES AN APPROPRIATE NEED FOR THE INFORMATION.
   38    S 2. This act shall take effect July 1, 2012 and shall apply to school
   39  years beginning with the 2012-2013 academic year.
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