S T A T E O F N E W Y O R K
________________________________________________________________________
10795--A
I N A S S E M B L Y
April 21, 2010
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to personal information
in school directories
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. STUDENT DIRECTORY INFORMATION. 1. A SCHOOL DISTRICT OR
SCHOOL RELATED ASSOCIATION MAY NOT DISCLOSE TO A THIRD PARTY ANY STUDENT
DIRECTORY PERSONAL CONTACT INFORMATION, RELATING TO A STUDENT PREVIOUSLY
OR CURRENTLY ENROLLED AT A SCHOOL WITHIN SUCH DISTRICT WITHOUT FIRST
OBTAINING THE EXPRESS WRITTEN CONSENT OF A STUDENT, WHO HAS REACHED
EIGHTEEN YEARS OF AGE, OR THE PARENT OR GUARDIAN OF A STUDENT UNDER THE
AGE OF EIGHTEEN. EXPRESS WRITTEN CONSENT SHALL BE OBTAINED FROM THE
APPROPRIATE PARTY ANNUALLY AT THE COMMENCEMENT OF THE SCHOOL YEAR AND
EACH YEAR THEREAFTER FOR THE TERM OF THE STUDENT'S ENROLLMENT. STUDENT
DIRECTORY PERSONAL CONTACT INFORMATION SHALL INCLUDE THE STUDENT'S
ADDRESS, PHONE NUMBER, EMAIL ADDRESS, OR ANY OTHER INFORMATION THAT MAY
BE USED TO CONTACT THE STUDENT DIRECTLY. SUCH INFORMATION MAY BE
PROVIDED TO OFFICIALS OR PERSONNEL WITHIN A SCHOOL DISTRICT OR TO OFFI-
CIALS IN ANOTHER SCHOOL DISTRICT IN THE CASE OF A MOVE OR TRANSFER OF
SUCH STUDENT OR TO LOCAL, COUNTY, OR STATE AGENCIES WHEN NECESSARY.
2. A SCHOOL DISTRICT OR SCHOOL RELATED ASSOCIATION MAY DISCLOSE TO A
THIRD PARTY ANY STUDENT DIRECTORY, NON-PERSONAL CONTACT INFORMATION
RELATING TO A STUDENT PREVIOUSLY OR CURRENTLY ENROLLED AT A SCHOOL,
PROVIDED THAT:
A. THE INFORMATION DISCLOSED CAN NOT BE USED TO CONTACT THE STUDENT
DIRECTLY; AND
B. THE SCHOOL DISTRICT OR SCHOOL RELATED ASSOCIATION FIRST GIVES A
STUDENT, WHO HAS REACHED EIGHTEEN YEARS OF AGE, OR THE PARENT OR GUARDI-
AN OF A STUDENT UNDER THE AGE OF EIGHTEEN, EXPRESS WRITTEN NOTICE OF
THEIR INTENT TO DISCLOSE THIS INFORMATION AND OPPORTUNITY TO OPT-OUT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14922-07-0
A. 10795--A 2
HAVING THEIR STUDENT DIRECTORY, NON-PERSONAL CONTACT INFORMATION
DISCLOSED. EXPRESS WRITTEN CONSENT SHALL BE OBTAINED FROM THE APPROPRI-
ATE PARTY ANNUALLY AT THE COMMENCEMENT OF THE SCHOOL YEAR AND EACH YEAR
THEREAFTER FOR THE TERM OF THE STUDENT'S ENROLLMENT. STUDENT DIRECTORY,
NON-PERSONAL CONTACT INFORMATION SHALL INCLUDE BUT NOT BE LIMITED TO THE
STUDENT'S NAME, GRADE LEVEL, AGE, DATE AND PLACE OF BIRTH, MAJOR FIELD
OF STUDY, PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS,
WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS, DATES OF ATTENDANCE,
DEGREES AND AWARDS RECEIVED, AND THE MOST RECENT PREVIOUS EDUCATIONAL
AGENCY OR INSTITUTION ATTENDED BY THE STUDENT.
S 2. Notwithstanding any other provisions in this act the military as
defined under section one of the military law and higher education
institutions as defined under section two of the education law shall be
provided a students name, address, and phone number without first having
to acquire consent from the student themselves, if they are over eigh-
teen, or the parent or guardian of a student under eighteen. Provided,
however, a student themselves, if they are over eighteen, or the parent
or guardian of a student under eighteen may request at the commencement
of the school year that the student's name, address, and phone number
not be released to the military or any higher education institutions.
S 3. This act shall take effect immediately.