S T A T E O F N E W Y O R K
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8474--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 17, 2011
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Introduced by M. of A. ROSENTHAL, NOLAN -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
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 INFORMATION BY SCHOOL
DISTRICTS. 1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "STUDENT" SHALL MEAN AND INCLUDE ANY PERSON WITH RESPECT TO WHOM
AN EDUCATIONAL 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.
(B) THE TERM "SCHOOL" MEANS ANY PUBLIC SCHOOL; IN ANY CITY, UNION
FREE, COMMON OR CENTRAL SCHOOL DISTRICT, ANY NON-PUBLIC SCHOOL OF
SECONDARY EDUCATION; AND ANY SCHOOL OF HIGHER EDUCATION.
(C) DISCLOSABLE DIRECTORY INFORMATION (DDI) HEREAFTER REFERRED TO IN
THIS SECTION AS "DIRECTORY INFORMATION", MEANS WITH RESPECT TO A
STUDENT, THE STUDENT'S NAME; PHOTOGRAPH; AGE; MAJOR FIELD OF STUDY;
GRADE LEVEL; ENROLLMENT STATUS (E.G., UNDERGRADUATE OR GRADUATE,
FULL-TIME OR PART-TIME); DATES OF ATTENDANCE; PARTICIPATION IN OFFICIAL-
LY RECOGNIZED ACTIVITIES AND SPORTS; WEIGHT AND HEIGHT OF MEMBERS OF
ATHLETIC TEAMS; DEGREES, HONORS AND AWARDS RECEIVED; AND THE MOST RECENT
EDUCATIONAL AGENCY OR INSTITUTION ATTENDED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07381-11-2
A. 8474--A 2
(D) "PERSONALLY IDENTIFIABLE STUDENT INFORMATION (PISI)" SHALL INCLUDE
DISCLOSABLE DIRECTORY INFORMATION, AND A STUDENT'S OR PARENT'S ADDRESS,
TELEPHONE NUMBER, AND E-MAIL ADDRESS.
2. (A) A SCHOOL MAY DISCLOSE DIRECTORY INFORMATION ABOUT A STUDENT
ONLY:
(I) IF THE DISCLOSURE DOES NOT INCLUDE ANY INFORMATION OTHER THAN
DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
(II) AFTER GIVING THE PARENT OF THE STUDENT IN ATTENDANCE OR THE
ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE AND AN OPPORTUNITY
TO OPT-OUT OF THE DISCLOSURE IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION; AND
(III) IF THE DISCLOSURE IS TO A SCHOOL NEWSPAPER, LOCAL NEWSPAPER,
SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG-
NITION LIST, GRADUATION PROGRAM, SPORTS RELATED PUBLICATION WHICH
PROVIDES SPECIFIC INFORMATION ABOUT PARTICULAR STUDENTS FOR THE PURPOSES
OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR PARENT AND TEACHER ORGAN-
IZATION.
(B) A SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION
ONLY WITH THE AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN
ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE IN ACCORDANCE WITH THE
PROCEDURE PROVIDED IN SUBDIVISION THREE OF THIS SECTION IF:
(I) THE DISCLOSURE IS TO THE PARENT OF ANY STUDENT IN ATTENDANCE OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
(II) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION THAT: (A) SEEKS
THE INFORMATION FOR A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE
BENEFICIAL TO THE STUDENT; (B) STATES IN WRITING THAT IT HAS NOT USED OR
DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN
A MANNER INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN THE PAST FIVE
YEARS; AND (C) AGREES IN WRITING TO USE THE INFORMATION ONLY FOR THAT
PURPOSE AND TO RETURN OR DESTROY THE INFORMATION WHEN THE PURPOSE HAS
BEEN FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES FIRST;
AND
(III) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED
OR DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL
IN A MANNER INCONSISTENT WITH THE TERMS OF THE DISCLOSURE WITHIN THE
PAST FIVE YEARS.
(C) UNLESS OTHERWISE ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN WITH THE
AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN ATTENDANCE OR THE
ELIGIBLE STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE STUDENT
INFORMATION FOR A COMMERCIAL, FOR-PROFIT ACTIVITY INCLUDING BUT NOT
LIMITED TO USE FOR:
(I) MARKETING PRODUCTS OR SERVICES;
(II) SELLING PERSONALLY IDENTIFIABLE STUDENT INFORMATION FOR USE IN
MARKETING PRODUCTS OR SERVICES;
(III) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
(IV) COMPILATION OF A STUDENT LIST;
(V) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
(VI) ANY OTHER PURPOSE CONSIDERED BY THE SCHOOL AS LIKELY TO BE A
COMMERCIAL, FOR-PROFIT ACTIVITY.
(D) IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL
MAY ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO ACCOM-
PLISH THE PURPOSE OF THE DISCLOSURE.
3. WITHIN THE FIRST WEEK OF EACH SCHOOL YEAR, EACH SCHOOL DISTRICT
SHALL ISSUE A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK, AND SEND
HOME WITH EVERY STUDENT, INFORMATION STIPULATING THE DISCLOSURE PROCE-
A. 8474--A 3
DURES FOR DISCLOSABLE DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE
STUDENT INFORMATION.
(A) THE DISCLOSURE INFORMATION SHALL CONSIST OF THE DEFINITION OF
DISCLOSABLE DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT
INFORMATION AS SET FORTH IN THIS SECTION; AND SHALL ALSO INCLUDE:
(I) THE PROCEDURE FOR PROHIBITING THE SCHOOL FROM DISSEMINATING DISC-
LOSABLE DIRECTORY INFORMATION UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF
THIS SECTION AND A DESCRIPTION OF ANY DIRECTORY INFORMATION THAT THE
SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR; AND
(II) THE PROCEDURE FOR AUTHORIZING THE SCHOOL TO DISCLOSE PERSONALLY
IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B) OF SUBDIVISION TWO
OF THIS SECTION AND A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT
INFORMATION THAT THE SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR.
(B) (I) IF THE SCHOOL DOES NOT RECEIVE NOTICE FROM THE PARENT OF A
STUDENT IN ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE AT THE
SCHOOL PROHIBITING THE DISCLOSURE OF DIRECTORY INFORMATION WITHIN THIRTY
DAYS OF THE DISSEMINATION OF THE INFORMATION REQUIRED TO BE PROVIDED IN
PARAGRAPH (A) OF THIS SUBDIVISION, THE SCHOOL MAY DISSEMINATE DISCLOSA-
BLE DIRECTORY INFORMATION RELATING TO THE STUDENT PURSUANT TO PARAGRAPH
(A) OF SUBDIVISION TWO OF THIS SECTION.
(II) IF THE SCHOOL DOES RECEIVE CONSENT FROM THE PARENT OF A STUDENT
IN ATTENDANCE OR THE ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL TO
DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B)
OF SUBDIVISION TWO OF THIS SECTION, THE SCHOOL MAY DISSEMINATE
PERSONALLY IDENTIFIABLE STUDENT INFORMATION AS SET FORTH IN THIS
SECTION.
4. NOTHING IN THIS SECTION SHALL LIMIT THE ADMINISTRATIVE USE OF
PUBLIC SCHOOL RECORDS BY A PERSON ACTING EXCLUSIVELY IN THE PERSON'S
CAPACITY AS AN EMPLOYEE OF A BOARD OF EDUCATION OR OF THE STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS, ANY COURT, OR THE FEDERAL GOVERNMENT.
5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF
PERSONALLY IDENTIFIABLE STUDENT INFORMATION TO THE DEPARTMENT, THE
UNITED STATES MILITARY, OR ANY INSTITUTION OF HIGHER EDUCATION, ANY
POLITICAL SUBDIVISION OR FEDERAL AGENCY THAT DEMONSTRATES AN APPROPRIATE
NEED FOR THE INFORMATION OR A SCHOOL DISTRICT OR SCHOOL THAT DEMON-
STRATES AN APPROPRIATE NEED FOR THE INFORMATION.
S 2. This act shall take effect July 1, 2012 and shall apply to school
years beginning with the 2012-2013 academic year.