senate Bill S4284

Relates to the release of personally identifiable student information

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 19 / Mar / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Prohibits the release of personally identifiable student information where parental consent is not provided.

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Bill Details

Versions:
S4284
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add ยง3212-b, Ed L

Sponsor Memo

BILL NUMBER:S4284

TITLE OF BILL: An act to amend the education law, in relation to the
release of personally identifiable student information

PURPOSE OR GENERAL IDEA OF BILL:

This bill would protect student privacy by prohibiting the release of
personally identifiable information about individual students to third
parties unless there is parental consent, or a student who is 18 or
older consents, or unless certain exceptions apply.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill creates a new section 3212-b of the Education
Law entitled "Release of personally identifiable student information."
Subdivision one defines several terms as they are defined in the
federal regulations that relate to privacy of student records (34
C.F.R. 99.3, the FERPA regulations), as well as defining other terms.
Subdivision 2 prohibits the release of personally identifiable student
information to third parties without parental consent (or student
consent, if the student is 18 or older), unless one of the exceptions
set out in subdivision 2 applies.

Subdivision 3 of new section 3212-b requires that detailed records be
kept of all non-consensual disclosures made under subdivision 2, i.e.,
disclosures made under one of the exceptions set out in new section
3212-b(2)(a) through ((f). Subdivision 4 sets out notice requirements
for non-consensual disclosures made pursuant to new section
3212-b(2)(d), relating to disclosure for research studies, or new
section 3212-b(2)(e), relating to state or federal audits or other
evaluations under state or federal law. Subdivision 5 addresses the
content of notification and consent forms

Subdivision 6 of new section 3212-b provides for audits by the State
Comptroller and subdivision 8 authorizes the State Attorney General to
enforce compliance with the requirements of new section 3212-b. Other
subdivisions provide sanctions for violation, require data systems to
meet FTC data privacy and safeguarding standards, and provide that the
new section does not limit administrative use of school records, based
on a showing of appropriate need, by school employees, school boards
or other government entities or employees.

JUSTIFICATION:

New York and several other states have recently agreed to share
confidential student information with corporate entities related to
the Gates Foundation and the News Corporation (owned by Rupert
Murdoch). The shared data will include children's personal
information, including name, address, test scores, disciplinary and
attendance records, race, ethnicity, disabilities, and other highly
sensitive information. The data will be used for a variety of purposes
and will be made available to commercial vendors to help them develop
and market their learning products. Neither parents nor students have
any ability to opt out of having this sensitive personal data shared
with corporate entities, one of which is a subsidiary of the News
Corporation. It is critical that there be safeguards on the release of


sensitive and personal information about students, and that parental
or student consent should be part of any process of releasing
personally identifiable student information to third parties. This
legislation would establish procedures and standards that provide for
consent and appropriate safeguards.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect on July 1, 2013:

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4284

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 19, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  the  release  of
  personally identifiable student information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3212-b
to read as follows:
  S 3212-B. RELEASE OF PERSONALLY IDENTIFIABLE STUDENT  INFORMATION.  1.
DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "DIRECTORY  INFORMATION"  SHALL  MEAN, BUT NOT BE LIMITED TO, THE
STUDENT'S NAME; ADDRESS; TELEPHONE  LISTING;  ELECTRONIC  MAIL  ADDRESS;
PHOTOGRAPH;  DATE AND PLACE OF BIRTH; MAJOR FIELD OF STUDY; GRADE LEVEL;
ENROLLMENT STATUS (UNDERGRADUATE OR GRADUATE, FULL-TIME  OR  PART-TIME);
DATES  OF  ATTENDANCE; PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES
AND SPORTS; WEIGHT AND HEIGHT OF MEMBERS  OF  ATHLETIC  TEAMS;  DEGREES,
HONORS,  AND  AWARDS  RECEIVED;  THE  MOST  RECENT EDUCATIONAL AGENCY OR
INSTITUTION ATTENDED; STUDENT  ID  NUMBER,  USER  ID,  OR  OTHER  UNIQUE
PERSONAL  IDENTIFIER  USED  BY  A  STUDENT  FOR PURPOSES OF ACCESSING OR
COMMUNICATING IN ELECTRONIC SYSTEMS, BUT ONLY IF THE  IDENTIFIER  CANNOT
BE USED TO GAIN ACCESS TO EDUCATION RECORDS EXCEPT WHEN USED IN CONJUNC-
TION  WITH  ONE  OR  MORE FACTORS THAT AUTHENTICATE THE USER'S IDENTITY,
SUCH AS A PERSONAL IDENTIFICATION NUMBER (PIN), PASSWORD OR OTHER FACTOR
KNOWN OR POSSESSED ONLY BY THE AUTHORIZED USER; AND A STUDENT ID  NUMBER
OR  OTHER  UNIQUE  PERSONAL IDENTIFIER THAT IS DISPLAYED ON A STUDENT ID
BADGE, BUT ONLY IF THE IDENTIFIER CANNOT  BE  USED  TO  GAIN  ACCESS  TO
EDUCATION  RECORDS  EXCEPT  WHEN  USED  IN  CONJUNCTION WITH ONE OR MORE
FACTORS THAT AUTHENTICATE THE USER'S IDENTITY, SUCH AS A PIN,  PASSWORD,
OR OTHER FACTOR KNOWN OR POSSESSED ONLY BY THE AUTHORIZED USER.
  (B)  "PERSONALLY IDENTIFIABLE STUDENT INFORMATION" SHALL MEAN, BUT NOT
LIMITED TO, THE STUDENT'S NAME; THE NAME  OF  THE  STUDENT'S  PARENT  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09672-03-3

S. 4284                             2

OTHER  FAMILY MEMBERS; THE ADDRESS OF THE STUDENT OR STUDENT'S FAMILY; A
PERSONAL IDENTIFIER, SUCH  AS  THE  STUDENT'S  SOCIAL  SECURITY  NUMBER,
STUDENT NUMBER, OR BIOMETRIC RECORD; OTHER INDIRECT IDENTIFIERS, SUCH AS
THE  STUDENT'S  DATE OF BIRTH, PLACE OF BIRTH, AND MOTHER'S MAIDEN NAME;
OTHER INFORMATION THAT, ALONE OR IN COMBINATION, IS LINKED OR LIKABLE TO
A SPECIFIC STUDENT THAT WOULD ALLOW A REASONABLE PERSON  IN  THE  SCHOOL
COMMUNITY,  WHO DOES NOT HAVE PERSONAL KNOWLEDGE OF THE RELEVANT CIRCUM-
STANCES, TO IDENTIFY THE STUDENT WITH REASONABLE CERTAINTY; OR  INFORMA-
TION  REQUESTED  BY  A  PERSON WHO THE EDUCATIONAL AGENCY OR INSTITUTION
REASONABLY BELIEVES KNOWS THE IDENTITY OF THE STUDENT TO WHOM THE EDUCA-
TION RECORD RELATES.
  (C) "BIOMETRIC RECORD", AS USED IN THE DEFINITION OF "PERSONALLY IDEN-
TIFIABLY STUDENT INFORMATION", SHALL MEAN A RECORD OF ONE OR MORE  MEAS-
URABLE  BIOLOGICAL  OR  BEHAVIORAL  CHARACTERISTICS THAT CAN BE USED FOR
AUTOMATED RECOGNITION OF AN INDIVIDUAL, INCLUDING  FINGERPRINTS,  RETINA
AND  IRIS  PATTERNS,  VOICEPRINTS, DNA SEQUENCE, FACIAL CHARACTERISTICS,
AND HANDWRITING.
  (D) "STUDENT" SHALL MEAN ANY PERSON WITH RESPECT  TO  WHOM  AN  EDUCA-
TIONAL  AGENCY  OR INSTITUTION MAINTAINS EDUCATION RECORDS OR PERSONALLY
IDENTIFIABLE INFORMATION, BUT DOES NOT INCLUDE A PERSON WHO HAS NOT BEEN
IN ATTENDANCE AT SUCH AGENCY OR INSTITUTION.
  (E) "SCHOOL" SHALL MEAN ANY PUBLIC OR PRIVATE ELEMENTARY OR  SECONDARY
SCHOOL OR COLLEGE AS DEFINED IN SECTION TWO OF THIS CHAPTER.
  2.  NEITHER  THE DEPARTMENT, DISTRICT BOARDS OF EDUCATION, NOR SCHOOLS
SHALL DISCLOSE ANY PERSONALLY IDENTIFIABLE STUDENT  INFORMATION  TO  ANY
THIRD  PARTY  WITHOUT PARENTAL CONSENT, OR IN THE CASE OF STUDENTS EIGH-
TEEN YEARS OF AGE OR OLDER THE CONSENT OF THE STUDENT, EXCEPT WHERE:
  (A) DISCLOSURE IS REQUIRED BY LAW; OR
  (B) DISCLOSURE IS PURSUANT TO A COURT ORDER OR SUBPOENA; OR
  (C) DISCLOSURE IS TO A THIRD PARTY PURSUANT TO A CONTRACT WHEREBY  THE
ENTITY  IS  PERFORMING  ADMINISTRATIVE, TECHNICAL OR TRANSACTIONAL FUNC-
TIONS THAT WOULD EITHER BE PERFORMED BY EMPLOYEES OF THE  STATE  DEPART-
MENT  OF EDUCATION, DISTRICT BOARD OF EDUCATION OR SCHOOL, PROVIDED THAT
SAID CONTRACTOR:
  (1) AGREES NOT TO DISCLOSE OR USE THE PERSONALLY IDENTIFIABLE  STUDENT
INFORMATION FOR ANY OTHER PURPOSES;
  (2)  MAINTAINS REASONABLE ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFE-
GUARDS TO PROTECT THE SECURITY, CONFIDENTIALITY  AND  INTEGRITY  OF  THE
PERSONALLY IDENTIFIABLE STUDENT INFORMATION; AND
  (3)  INDEMNIFIES THE DEPARTMENT, DISTRICT BOARD OF EDUCATION OR SCHOOL
FOR ANY DAMAGES DUE TO A VIOLATION OF THIS SECTION; OR
  (D) DISCLOSURE IS TO A THIRD PARTY FOR THE PURPOSE OF A RESEARCH STUDY
CARRIED OUT BY OR ON THE BEHALF OF THE  DEPARTMENT,  DISTRICT  BOARD  OF
EDUCATION OR SCHOOL; OR
  (E) DISCLOSURE IS FOR THE PURPOSE OF A STATE OR FEDERAL AUDIT OR EVAL-
UATION BY ENTITIES AUTHORIZED UNDER STATE OR FEDERAL LAW; OR
  (F) DISCLOSURE IS NECESSARY DUE TO A HEALTH OR SAFETY EMERGENCY.
  3.  DETAILED  RECORDS  OF  ALL  NON-CONSENSUAL DISCLOSURES PURSUANT TO
SUBDIVISION TWO OF THIS SECTION SHALL BE INCLUDED IN  THE  CORRESPONDING
STUDENT'S EDUCATIONAL RECORDS.
  4. WHERE THE DEPARTMENT, DISTRICT BOARD OF EDUCATION OR SCHOOL MAKES A
DISCLOSURE  PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION
AND PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF THIS  SECTION  WHERE
PRACTICABLE,  IT  SHALL POST ON ITS WEBSITE, SEND HOME VIA MAIL AND MAKE
OTHERWISE PUBLICLY AVAILABLE:

S. 4284                             3

  (A) THE PARTICULAR TYPE OR TYPES OF  PERSONALLY  IDENTIFIABLE  STUDENT
INFORMATION ARE TO BE DISCLOSED;
  (B) THE ENTITY TO WHICH THE DISCLOSURE IS TO BE MADE;
  (C)  THE PURPOSE OF THE STUDY, AUDIT OR EVALUATION AND WHY THE DISCLO-
SURE IS NECESSARY FOR ITS COMPLETION;
  (D) THE SPECIFIC TIME FRAME DURING WHICH THE  PERSONALLY  IDENTIFIABLE
STUDENT INFORMATION WILL BE UTILIZED AND THEN SECURELY DESTROYED;
  (E)  THE ENTITY'S ASSURANCE OF COMPLIANCE WITH ADMINISTRATIVE, TECHNI-
CAL AND PHYSICAL SAFEGUARDS, INCLUDING ALL THE FEDERAL  AND  STATE  DATA
PRIVACY  AND  DATA  SAFEGUARDING RULES THE DEPARTMENT, DISTRICT BOARD OF
EDUCATION AND SCHOOLS ARE SUBJECT TO, TO PROTECT THE SECURITY, CONFIDEN-
TIALITY AND INTEGRITY OF THE PERSONALLY  IDENTIFIABLE  STUDENT  INFORMA-
TION; AND
  (F)  THE ENTITY'S INDEMNIFICATION OF THE DEPARTMENT, DISTRICT BOARD OF
EDUCATION OR SCHOOL FOR ANY VIOLATION OF THIS SECTION.
  5. NOTIFICATION AND CONSENT FORMS SHALL INCLUDE:
  (A) THE SCOPE, PURPOSE AND ALLOWABLE USES OF THE PERSONALLY  IDENTIFI-
ABLE STUDENT INFORMATION;
  (B) THE RISK OF DATA BREACHES AND THE REASONABLE ADMINISTRATIVE, TECH-
NICAL  AND  PHYSICAL  SAFEGUARDS USED TO PROTECT THE SECURITY, CONFIDEN-
TIALITY AND INTEGRITY OF THE PERSONALLY  IDENTIFIABLE  STUDENT  INFORMA-
TION; AND
  (C)  INFORMATION  REGARDING WHO IS LEGALLY AND FINANCIALLY RESPONSIBLE
SHOULD THERE BE A VIOLATION OF THIS SECTION.
  6. THE STATE COMPTROLLER SHALL CARRY  OUT  REGULAR  AUDITS  TO  ENSURE
PROPER  PROCEDURES  HAVE  BEEN  USED; RELEVANT NOTIFICATIONS AND CONSENT
FORMS ARE COMPLETED; AND SECURITY AND PRIVACY PROTECTIONS MEASURES  USED
IN  THE  STORAGE,  TRANSMISSION  AND  USAGE  OF  PERSONALLY IDENTIFIABLE
STUDENT INFORMATION  ARE  EFFECTIVE  AND  ACCURATELY  DESCRIBED  IN  THE
NOTIFICATION DOCUMENTS.
  7.  ANY  ORGANIZATION  OR  COMPANY  FOUND  IN  VIOLATION OF ANY OF THE
PROVISIONS OF THIS SECTION SHALL BE PROHIBITED FROM OBTAINING PERSONALLY
IDENTIFIABLE STUDENT INFORMATION FOR A  PERIOD  OF  NO  LESS  THAN  FIVE
YEARS.
  8.  THE  NEW  YORK  STATE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO
OVERSEE AND ENFORCE COMPLIANCE WITH THIS SECTION AND TO IMPOSE APPROPRI-
ATE PENALTIES ON THOSE FOUND IN VIOLATION OF ANY OF ITS PROVISIONS.
  9. ANY DATA SYSTEMS MAINTAINED BY  THE  STATE  OR  DISTRICT  OR  THEIR
REPRESENTATIVES  SHALL,  TO THE MAXIMUM EXTENT PRACTICABLE, CONFORM WITH
THE FEDERAL TRADE COMMISSION'S DATA PRIVACY AND DATA SAFEGUARDING RULES.
  10. NOTHING IN THIS SECTION SHALL  LIMIT  THE  ADMINISTRATIVE  USE  OF
SCHOOL  RECORDS  BY A PERSON ACTING EXCLUSIVELY IN THE PERSON'S CAPACITY
AS AN EMPLOYEE OF A SCHOOL, A BOARD OF EDUCATION OR OF THE STATE OR  ANY
OF  ITS POLITICAL SUBDIVISIONS, ANY COURT OR THE FEDERAL GOVERNMENT THAT
DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION.
  S 2. This act shall take effect July 1, 2013 and shall apply to school
years beginning with the 2013-2014 academic year.

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