Bill Text: NY S06052 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "pupil privacy act" which requires schools to notify the parents or legal guardians of every student when a student protected information survey will be administered and provide such parent or legal guardian the opportunity to opt their child out of taking such survey.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S06052 Detail]

Download: New_York-2023-S06052-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6052

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 27, 2023
                                       ___________

        Introduced  by  Sen.  MURRAY -- 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  establishing  the
          "pupil privacy act"

          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 article 18  to
     2  read as follows:
     3                                 ARTICLE 18
     4                              PUPIL PRIVACY ACT
     5  Section 850. Sbort title.
     6          851. Definitions.
     7          852. Student protected information surveys; notification; opting
     8                 out.
     9    § 850. Short  title.  This  article shall be known and may be cited as
    10  the "pupil privacy act".
    11    § 851. Definitions. For the purposes of  this  article  the  following
    12  terms shall have the following meanings:
    13    1.  "School"  shall mean any public, private or charter school and any
    14  school established pursuant to chapter eight hundred fifty-three of  the
    15  laws of nineteen hundred seventy-six or section four thousand twenty-one
    16  of this chapter that offers instruction to pupils enrolled in kindergar-
    17  ten through twelfth grade; and
    18    2.  "Student  information  protected  survey"  shall  mean any student
    19  survey that contains one or more personalized and specific  question  or
    20  questions  related to a student's, parent's or legal guardian's personal
    21  attitudes, beliefs, or experiences  related  to  any  of  the  following
    22  subject areas:  health; mental health; sexual behavior; gender identifi-
    23  cation;  religious practices, affiliations, or beliefs; or family dynam-
    24  ics.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10376-02-3
        S. 6052                             2

     1    § 852. Student protected  information  surveys;  notification;  opting
     2  out.    1.  No  later  than fifteen school days prior to administering a
     3  student protected information survey, a school shall notify the  parents
     4  or  legal  guardians  of every student that such survey will be distrib-
     5  uted.
     6    2. Such notice shall:
     7    (a)  explain  the  purpose of the survey and shall clarify whether the
     8  survey is part of the health or other general  education  curriculum  or
     9  unrelated to either;
    10    (b)  provide  the exact content of the survey questions including each
    11  question as it will appear in the survey; and
    12    (c) provide parents and legal guardians the opportunity to  opt  their
    13  child out from participating.
    14    3.  Pursuant  to  paragraph  (c)  of  subdivision two of this section,
    15  parents and legal guardians shall be provided with a  mechanism  to  opt
    16  their  child  out  of completing a student protected information survey.
    17  Each school shall determine the most effective mechanism to utilize  for
    18  such  process  and  such  mechanism  shall  be clearly delineated in the
    19  applicable notice. Every school shall permit receipt of  such  notifica-
    20  tion  by  the  parent or legal guardian up until the time such survey is
    21  administered.
    22    § 2. This act shall take effect immediately.