senate Bill S2357B

2011-2012 Legislative Session

Relates to notification of parents when student directory personal contact information is released to third parties; provides an opportunity to opt-out

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1030
Jan 11, 2012 print number 2357c
amend and recommit to education
Jan 04, 2012 referred to education
returned to senate
died in assembly
Jun 17, 2011 referred to education
delivered to assembly
passed senate
Jun 16, 2011 ordered to third reading cal.1337
committee discharged and committed to rules
Jun 06, 2011 print number 2357b
amend (t) and recommit to education
May 04, 2011 print number 2357a
amend (t) and recommit to education
Jan 19, 2011 referred to education

Votes

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Bill Amendments

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B
C (Active)
Original
A
B
C (Active)

S2357 - Bill Details

See Assembly Version of this Bill:
A8474
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3212-b, Ed L

S2357 - Bill Texts

view summary

Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.

view sponsor memo
BILL NUMBER:S2357

TITLE OF BILL:

An act
to amend the education law, in relation to student directory personal
contact information released by school districts

PURPOSE:

To keep a child's personal contact information private by restricting
how and what information a school district, or school related
association, can release to a third party vendor.

CURRENT LAW:

Currently, under the federal law known as FERPA (Family Education
Rights Privacy Act), a school is allowed to distribute to a third
party, without the families consent, various components of a
student's information (entitled Directory Information) so long as the
third party has a vested interest in school related activities. Types
of information that a school can release are a student's name,
address, telephone number, date and place of birth, honors and
awards, and dates of attendance. Examples of the types of companies
that can receive a student's directory information include graduation
ring manufactures, sporting equipment companies, and financial aid
companies. Also, the military and institutions of higher learning
have access to this information without needing to acquire the
consent of the family/student.

The dilemma with this set up is that there are no laws governing what
these third party entities can do with the information. So,
hypothetically (as well as has been proven in real life), a company
can give or sell a students contact information to another company
that has no school related business, such as a soda or candy company.
In turn, this new company, which has no academic bent to it, can
market its products directly to children, whether it is at their
house or through other means.

However, the legal guardian of the student (or the student themselves
if they are over the age of 18) has the ability to stop a school from
giving away its directory information. At the beginning of every
school year, a form is handed out to every single student (which, in
theory, gets passed along to the family) stipulating that the family
has the right to tell the school not to distribute its directory
information; signing the form and returning it is the way to indicate
to the school that you do not want your the information given out.
The problem is that a lot of times these sheets get misplaced. Amid
the crunch of first day handouts that students receive, the sheet
tends to get lost in the shuffle. Consequently, parents who otherwise
would like to stop the spread of their
children's directory information are unable to do so, meaning that
companies that otherwise would have not been able to get a child's
information are able to do so.

PROPOSED LEGISLATION:


Since New York State is unable to override FERPA, simply creating
legislation to outlaw the distribution of a student's directory
information is not feasible. As such, the simplest way to combat this
issue is to create legislation that stipulates that anytime a school
decides to give away a student's directory information to a third
patty vendor, that school has to send home a notice to the child's
family (or to the child themselves if they are over the age of 18)
saying what the school just did and informing the family that they
may opt to not allow this to happen again in the future.

Doing this would accomplish four things. One, it would alert families
to the fact that their child's information is being disturbed to a
third party vendor, thus reminding them of their right to opt out of
allowing this information to be released. Two, it would force schools
to choose carefully who they wished to released a child's directory
information too, since the school would be forced to alert families
to their actions, thus forcing them to defend why they decided to
release said information. Three, doing this would circumvent the
issue of New York State violating FERPA, while at the same time
accomplishing the same objective, which is to limit who a school
releases a student's directory information too. Four, it would create
a way to manage what information a school releases without imposing a
mandate on them. This legislation does not say that a school has to
do anything, and if a school chooses to not release a student's
directory information, than this bill will have absolutely no impact,
monetary or otherwise, on them. However, if a school decides to
undertake certain action, then this bill would create a safeguard by
informing families of their rights.

There are a couple of exceptions to this new law regarding the release
of a student's directory information. One, if a school is releasing
the information to the military or an institution of higher learning,
they do not have to alert the family of the child. Second, a school
can release a student's directory information to another school, the
New York State Education Department, or law enforcement agencies as
necessary without alerting the family.

Allowing directory information to be released to these entities
without notifying parents is being done for two reasons. One, under
NCLB (No Child Left Behind), the military and institutions of higher
education are entitled to this information without the families
consent. While this new piece of legislation probably does not violate
NCLB, since a family does have the right to block the military or an
institution of higher learning from receiving their child's directory
information, there is no reason to risk it. Two (and related to one),
these institutions are much less likely to disseminate a child's
information to a third patty entity than a for profit company that has
business tangentially related to the school. While it is by no means
certain that the military or an institution of higher learning have
more altruistic motives than companies when obtaining this
information, the chances are higher that they do, and it is the
opinion of this office that it is better
to under-legislate, and then have to amend, then to over legislate and
have to try and come back and strip a provision out of the bill.

JUSTIFICATION:


The reason this bill is necessary is because of the current ability of
third party entities to disseminate a student's directory information
to other corporations with no say from the families themselves. This
leads to young children, who are vulnerable to outside influences,
being directly targeted by advertisements for products that may not
have their best interests at heart.
Additionally, there is the possibility that this information could
fall into the hands of nefarious characters, since the information
would be out in the general public with no way to control how it is
passed around.

Because New York State cannot overturn, nor create a law that
contradicts, FERPA, we are limited regarding what methods can be
attempted to solve the problem of a school disseminating a student's
directory information to a third party candidate. As such, after
considerable research was undertaken, it was deemed that this is the
best way to solve the dilemma. This piece of legislation does not
prohibit a school from releasing a student's directory information
to a third party candidate. Nor does it mandate that a school
undertake any particular action, thus costing them money and staff
time. All it says is that anytime a school chooses to commit such an
act, they have to alert the families whose children's information is
being released and let them know that they have the right to tell the
school not to release this information anymore.

The intent of doing this is twofold. One, hopefully it will force
schools to choose wisely who they release a student's directory
information too, because they will have to justify it to the
parents, as well as create and print out forms to alert the families
of their rights. Two, while it will hopefully force schools to
seriously consider who they release information too, this bill
would still allow schools to propagate information to those who they
deem truly worthy. There are many reasons why a school would want to
release a student's directory information to a third party, and this
bill does not impede this act. All it does it constantly alert
families to their rights regarding their children's directory
information, while at the same time forcing schools to choose wisely
regarding what they release and to whom.

PRIOR LEGISLATIVE HISTORY:

S7414A of 2010.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect July 1, 2011 and shall apply to
the 2011-2012 academic year.

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

                                  2357

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  student  directory
  personal contact information released 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. STUDENT  DIRECTORY  PERSONAL  CONTACT  INFORMATION.  1.  FOR
PURPOSES  OF  THIS SECTION, "STUDENT DIRECTORY PERSONAL CONTACT INFORMA-
TION" SHALL INCLUDE THE STUDENT'S ADDRESS, PHONE NUMBER, EMAIL  ADDRESS,
OR ANY OTHER INFORMATION THAT MAY BE USED TO CONTACT A STUDENT DIRECTLY.
  2.  ANY TIME A SCHOOL DISTRICT OR SCHOOL RELATED ASSOCIATION DISCLOSES
ANY STUDENT DIRECTORY PERSONAL CONTACT INFORMATION TO A THIRD PARTY, THE
SCHOOL DISTRICT OR SCHOOL RELATED ASSOCIATION SHALL:
  (A) NOTIFY THE PARENT OR GUARDIAN THAT THE INFORMATION  WAS  RELEASED;
OR
  (B)  FOR  A  STUDENT  WHO  HAS REACHED THE AGE OF EIGHTEEN, NOTIFY THE
STUDENT DIRECTLY THAT THE INFORMATION WAS RELEASED; AND
  (C) PROVIDE AN OPPORTUNITY FOR THE PARENT, GUARDIAN OR STUDENT WHO HAS
REACHED THE AGE OF EIGHTEEN TO ELECT TO DISCONTINUE THE RELEASE  OF  THE
STUDENT'S  PERSONAL CONTACT INFORMATION BY THE SCHOOL DISTRICT OR SCHOOL
RELATED ASSOCIATION.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  RELEASE  OF
STUDENT  DIRECTORY  PERSONAL  CONTACT  INFORMATION  TO THE DEPARTMENT OF
EDUCATION, THE UNITED STATES MILITARY, ANY INSTITUTION OF HIGHER  EDUCA-
TION,  ANY  POLITICAL SUBDIVISION OR FEDERAL AGENCY THAT DEMONSTRATES AN
APPROPRIATE NEED FOR THE INFORMATION, OR A  SCHOOL  DISTRICT  OR  SCHOOL
THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION.
  S  2.  This  act shall take effect July 1, 2011 and shall apply to the
2011-2012 academic year.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-01-1

S2357A - Bill Details

See Assembly Version of this Bill:
A8474
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3212-b, Ed L

S2357A - Bill Texts

view summary

Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.

view sponsor memo
BILL NUMBER:S2357A

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

PURPOSE:
To enhance privacy protections to students' personally identifiable
information contained in student education records maintained by
schools and school districts and place additional restrictions on the
release of personally identifiable student information.

SUMMARY OF PROVISIONS:
The Education Law is amended by adding a new section 3212-b to
describe the lawful and unlawful dissemination of directory
information and personally identifiable information of students. This
new section defines, under this act, student; personally identifiable
information (PH); directory information; and third-party for
non-profit purposes.

Subsection 2 stipulates the legal dissemination of directory
information and the provisions for custodial parents or students over
the age of 18 from opting-out of the dissemination of such information.

Directory Information - Internal Use: the dissemination of a student's
educational record within the school district is not restricted, and
will comport with existing laws and regulations within said school
district. A school district may disseminate students' directory
information to the custodial parent and student over the age of 18,
and any educational agency, organization, or institution; and a
school district may disseminate students' directory information to a
third party for non-profit purposes, such as club, newspaper, and the
like, unless the custodial parent or student over the age of 18
specifically prohibits the school district from doing so.

Subsection 3 stipulates the illegal dissemination of personally
identifiable information and the provisions for custodial parents or
students over the age of 18 from opting-into the dissemination
of such information. A school district may not disseminate students'
PH to a third party for nonprofit purposes unless the custodial
parent or student over the age of 18 specifically gives consent to
the school district to do so.

This section also prohibits a school district from disseminating
students' directory information and PH to a third party for
profit-making purposes, such as an athletic apparel company or class
ring business. If the school district or third party violates the
wishes of the custodial parent or student over the age of 18, it is
prohibited from receiving this information for a period of five years.

Subsection 4 outlines the procedures for school districts notification
of custodial parents or students over the age of 18 of their rights
under this bill. To achieve active parental consent, within the first
week of each new school year, the school district must issue a public
notice, include in the student handbook, and send home with the


student, information stipulating the disclosure procedures for the
personally identifiable information. The disclosure information shall
consist of the definition of directory information and PII as defined
in this act; the procedures for obtaining active parental consent for
prohibiting the school district from disseminating the student's
directory information to a third party for non-profit purposes; the
procedures for obtaining active parental consent for authorizing the
school district to disseminate the student's PH to a third party for
non-profit purposes.

If the school district does not receive a response from the custodial
parent or student over the age of 18 within 30 days of the
dissemination of the disclosure information notice, the school
district will operate under the premise that: (i) The custodial
parent or student over the age of 18 did not opt-out, thus allowing
the school district to disseminate the directory to a third party for
nonprofit purposes; and (ii) The custodial parent or student over the
age of 18 did not opt-in, thus prohibiting the school district from
disseminating the PH to a third party for non-profit purposes

Subsection 5 sets forth provisions relating to custodial rights.
Subsection 6 states that the new law shall not limit an employee of
the board of education, state, court, of federal government from
public school records purely for administrative purposes. Subsection
7 provides for exemptions with regard to military recruitment, in
order to comply with federal law.

Section 2 of the bill sets the effective date.

EXISTING LAW:
Currently, under the federal Family Education Rights Privacy Act,
known as FERPA, schools are required to notify parents at the
beginning of the school year of their right to "opt out" of school
disclosure of a student's personally identifiable information. This
information, which is maintained by the school, is defined under FERP
A as "information ... that would not generally be considered harmful
or an invasion of privacy if disclosed." Students' personally
identifiable information may be requested by and disclosed to
for-profit organizations related to school activities, such as school
ring companies or athletic team apparel and equipment. However, under
FERPA, there are no restrictions on who may request or receive this
information from a school. The U.S. military and institutions of
higher learning have access to student directory information without
parental or student consent. A school also can release a student's
personally identifiable information to another school, the New York
State Education Department, or law enforcement agencies as necessary
without alerting parents and/or students.

A school must annually notify students of their rights under FERPA.
The annual notification must include information regarding a
student's right to inspect and review his or her education records,
the right to seek to amend the records, and the right to consent to
disclosure of personally identifiable information from the records.
However, FERPA does not require the school to notify students of
these rights on an individual basis, so the school may. meet FERP A
requirements by posting this information on its website, school
calendar, or student handbook, for example. Also, under FERPA,


non-consensual disclosure of Directory Information may be released to
school-related organizations and businesses. There are no provisions
governing the re-selling of this information in secondary markets,
including to marketers or other nonacademic-related companies, for
example. Nor are there civil penalties to parties that misuse
personal and identifiable information about students. Therefore, once
students' personally identifiable information is disclosed, it is
difficult to control how and where it is disseminated.
This may result in students' personally identifiable information being
used in direct marketing campaigns and targeted advertising. The
information, once released, also has the potential to compromise
student safety and security if used by the wrong parties.

JUSTIFICATION:
New York has the opportunity to enhance and strengthen privacy
protections for its students, which is especially critical as
personally identifiable information will be digitized and shared
electronically to audit and evaluate state and local education
programs and to support the Statewide Longitudinal Data Systems. This
makes data security and student safety of paramount concern and the
State has an interest to ensure the disclosure of students'
personally identifiable information meets the standards of the Fair
Information Practice Principles, as outlined by the Federal Trade
Commission: notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress.

While FERPA protects student information privacy it does not go far
enough, nor does it adequately address the privacy issues of the
electronic age and the capacity of marketers and other commercial
enterprises to capture, use, and re-sell student information. Even
with privacy controls in place, it is also far too easy for
individuals to get a hold of student information and use it for
illegal purposes, including identity theft, child abduction in
custody battles, and domestic violence.

Therefore, this proposed legislation will enhance the protection to
New York students and their families by stipulating that a student's
personally identifiable information will only be disclosed to a third
party for non-profit purposes with the consent from the parent or
student, if the student is over age 18. Further, directory
information, which can be disclosed under current law, may be
restricted at the request of a parent or student over the age of 18.
Lastly, this bill further enhances privacy by completely prohibiting
the disclosure of directory information or personally identifiable
information to a third party for profit-making purposes.

This legislation will give parents and students greater control over
disclosure of personally identifiable information to third parties.
It will protect students from their personal information being used
by marketers who re-sell their information in secondary markets. The
sophisticated electronic systems used to identify and breach the
privacy of individuals should not have access to the personally
identifiable information of vulnerable students. This added
protection to New York students would protect them from opportunistic
marketers and from identity theft.


Schools have been found to have varying degrees of conformance with
the basic FERPA privacy requirements. Schools must become more
proactive in providing parents with adequate notice of their rights
to keep students' information private and handling the information as
sensitive data.
New York has the opportunity to become a national leader in helping
schools to protect students from violations of their privacy by
affording them added protections and the option not to disclose
locator information.

Recent proposed amendments to FERPA underscore this need, as students'
personally identifiable information and data will be mined for the
Statewide Longitudinal Data Systems, audit and evaluation of
education programs, and research projects. Student data will be
shared across government agency systems and with researchers,
increasing the risk of data breaches and privacy violations. The
proposed New York legislation would further restrict the release of
personally identifiable information so that there will be fewer
opportunities for data security to be compromised and do harm to an
individual or group of students.

Students need and deserve this extra protection. In the digital age,
the line between a computer-based school directory and the online
world is rapidly disappearing. Computer security breaches are
rampant, exposing supposedly private and proprietary information to
online databases. New York should not wait for a m,~or breach of
student information with serious consequences before acting.
Currently, the online collection of personal information from
children under age 13 is protected under the Federal Trade
Commission's Children's Online Privacy Protection Act (COPPA). COPPA
outlines requirements of a website operator's privacy policy, when
and how to seek verifiable consent from parents, privacy protections
for children, and restrictions on marketing to children. Students
deserve no less than the same kind of robust privacy protections
for their personal information maintained by their schools.

This legislation would create additional and needed privacy
protections for students while not imposing any mandates or requiring
additional spending by New York schools. The legislation will remind
schools of their very serious obligation to protect student privacy,
the risks of disclosing student information to commercial
enterprises, and the challenges of collecting and disseminating
personal data in the digital age. Schools are stewards of students'
personally identifiable information and as such must adhere to the
highest standards of practice in protecting privacy and
confidentiality. This legislation will provide those standards and
serve as a model for other states seeking to protect the privacy,
safety, and security of its students.

LEGISLATIVE HISTORY:
S.7414-A /A.10795-A of 2009-2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Shall take effect on July 1, 2011 and shall apply to school years
beginning with the 2011-12 school year.

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

                                 2357--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the  education  law,  in  relation  to  the  release  of
  personally identifiable 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) "PERSONALLY IDENTIFIABLE INFORMATION (PII)" SHALL MEAN AND INCLUDE
LOCATOR INFORMATION AND INDIRECT INFORMATION.
  (I)  LOCATOR  INFORMATION INCLUDES:   A STUDENT'S OR PARENT'S ADDRESS,
TELEPHONE NUMBER, AND E-MAIL ADDRESS.
  (II)  INDIRECT  INFORMATION  INCLUDES  ANY  INFORMATION  THAT  CAN  BE
COMBINED  WITH  LOCATOR  INFORMATION  TO  IDENTIFY SPECIFIC INDIVIDUALS,
INCLUDING, BIRTH DATE, PLACE OF BIRTH, WEIGHT, HEIGHT, RECOGNIZED SCHOOL
ACTIVITIES, SUCH AS SPORTS, CLUBS, SCHOOL NEWSPAPER AND OTHER  EXTRACUR-
RICULAR ACTIVITIES, RECOGNITIONS AND HONORS.
  (C)  "DIRECTORY INFORMATION" SHALL MEAN AND INCLUDE THE STUDENT'S NAME
MAINTAINED BY THEIR SCHOOL DISTRICT, AND INCLUDE  INDIRECT  INFORMATION,
AS  DEFINED  IN THIS SECTION, WITH THE ADDITION OF THE STUDENT'S PICTURE
AND WOULD BE CONSISTENT WITH THE  EDUCATIONAL  RECORD  OF  A  PARTICULAR
STUDENT AND NOT CONSIDERED TO BE HARMFUL OR AN INVASION OF PRIVACY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-06-1

S. 2357--A                          2

  (D)  "THIRD  PARTY  FOR NON-PROFIT PURPOSES" SHALL INCLUDE, BUT NOT BE
LIMITED TO A SCHOOL NEWSPAPER, LOCAL NEWSPAPER, SCHOOL CLUBS AND  ORGAN-
IZATIONS, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOGNITION LISTS, GRADU-
ATION  PROGRAMS,  AND SPORTS RELATED PUBLICATIONS WHICH PROVIDE SPECIFIC
INFORMATION  ABOUT  PARTICULAR  STUDENTS  FOR THE PURPOSES OF A SPECIFIC
SPORTS ACTIVITY OR FUNCTION.
  2. (A) A SCHOOL DISTRICT MAY DISSEMINATE STUDENTS' DIRECTORY  INFORMA-
TION  TO THE CUSTODIAL PARENT OR A STUDENT OVER THE AGE OF EIGHTEEN, AND
TO ANY EDUCATIONAL AGENCY, ORGANIZATION OR INSTITUTION; AND
  (B) A SCHOOL DISTRICT MAY DISSEMINATE STUDENTS' DIRECTORY  INFORMATION
TO  A THIRD PARTY FOR NON-PROFIT PURPOSES UNLESS THE CUSTODIAL PARENT OR
STUDENT OVER THE AGE  OF  EIGHTEEN  SPECIFICALLY  PROHIBITS  THE  SCHOOL
DISTRICT,  IN WRITING PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, FROM
DOING SO.
  3. (A) A SCHOOL DISTRICT  MAY  NOT  DISSEMINATE  STUDENTS'  PERSONALLY
IDENTIFIABLE  INFORMATION  TO  ANY  THIRD  PARTY FOR NON-PROFIT PURPOSES
UNLESS THE CUSTODIAL PARENT OR STUDENT OVER THE AGE OF EIGHTEEN  SPECIF-
ICALLY  CONSENTS,  IN  WRITING  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS
SECTION, THAT THE SCHOOL DISTRICT MAY DO SO.
  (B) A SCHOOL DISTRICT MAY NOT DISSEMINATE STUDENTS' DIRECTORY INFORMA-
TION OR  PERSONALLY  IDENTIFIABLE  INFORMATION  TO  A  THIRD  PARTY  FOR
PROFIT-MAKING PURPOSES.
  (C)  A  THIRD  PARTY  WHO  RECEIVES STUDENTS' DIRECTORY INFORMATION OR
PERSONALLY IDENTIFIABLE INFORMATION FROM A SCHOOL DISTRICT  PURSUANT  TO
THE PROVISIONS OF THIS SECTION SHALL NOT DISSEMINATE SUCH INFORMATION TO
ANY  OTHER  PARTY.  ANY  PERSON,  FIRM  OR  CORPORATION WHO VIOLATES THE
PROVISIONS OF THIS PARAGRAPH SHALL  BE  PROHIBITED  FROM  RECEIVING  ANY
INFORMATION RELATING TO ANY STUDENT FOR A PERIOD OF FIVE YEARS.
  4.  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-
DURES FOR DIRECTORY AND PERSONALLY IDENTIFIABLE INFORMATION.
  (A) THE DISCLOSURE INFORMATION SHALL CONSIST OF:
  (I) THE DEFINITION OF DIRECTORY INFORMATION AND  PERSONALLY  IDENTIFI-
ABLE INFORMATION AS SET FORTH IN THIS SECTION;
  (II)  THE  PROCEDURE  FOR PROHIBITING THE SCHOOL DISTRICT FROM DISSEM-
INATING THE  STUDENT'S  DIRECTORY  INFORMATION  TO  A  THIRD  PARTY  FOR
NON-PROFIT PURPOSES; AND
  (III) THE PROCEDURE FOR AUTHORIZING THE SCHOOL DISTRICT TO DISSEMINATE
THE  STUDENT'S  PERSONALLY IDENTIFIABLE INFORMATION TO A THIRD PARTY FOR
NON-PROFIT PURPOSES.
  (B) IF THE SCHOOL DISTRICT DOES NOT RECEIVE A RESPONSE FROM THE CUSTO-
DIAL PARENT OR STUDENT OVER THE AGE OF EIGHTEEN WITHIN  THIRTY  DAYS  OF
THE  DISSEMINATION  OF  SUCH  DISCLOSURE  INFORMATION NOTICE, THE SCHOOL
DISTRICT:
  (I) MAY DISSEMINATE DIRECTORY INFORMATION RELATING TO SUCH STUDENT  TO
A THIRD PARTY FOR NON-PROFIT PURPOSES; AND
  (II)  IS  PROHIBITED  FROM  DISSEMINATING  THE PERSONALLY IDENTIFIABLE
INFORMATION RELATING TO SUCH STUDENT TO ANY THIRD PARTY  FOR  NON-PROFIT
PURPOSES.
  5.  (A)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PARENT OF A
STUDENT MAY PROVIDE WRITTEN CONSENT OR PROHIBIT DISCLOSURE AS SET  FORTH
IN  THIS SECTION.   WHERE PARENTS ARE SEPARATED OR DIVORCED, ANY CONSENT
REQUIRED UNDER THIS SECTION MAY BE OBTAINED FROM EITHER PARENT,  SUBJECT
TO  ANY  AGREEMENT  BETWEEN  SUCH  PARENTS  OR COURT ORDER GOVERNING THE
RIGHTS OF SUCH PARENTS. IN THE CASE OF A STUDENT WHOSE LEGAL GUARDIAN IS

S. 2357--A                          3

IN AN INSTITUTION, A PERSON INDEPENDENT OF THE INSTITUTION  WHO  HAS  NO
OTHER CONFLICTING INTERESTS SHALL BE APPOINTED BY THE BOARD OF EDUCATION
OF THE SCHOOL DISTRICT IN WHICH THE INSTITUTION IS LOCATED TO GIVE WRIT-
TEN CONSENT WHICH MAY BE REQUIRED UNDER THIS SECTION.
  (B)  A  PARENT OF A STUDENT WHO IS NOT THE STUDENT'S PRIMARY CUSTODIAL
PARENT, UPON REQUEST, SHALL BE PERMITTED ACCESS TO ANY RECORDS OR INFOR-
MATION CONCERNING THE STUDENT UNDER THE SAME TERMS AND CONDITIONS  UNDER
WHICH  ACCESS  TO THE RECORDS OR INFORMATION IS AVAILABLE TO THE PRIMARY
CUSTODIAL PARENT OF THAT STUDENT, PROVIDED THAT THE ACCESS OF THE PARENT
WHO IS NOT THE PRIMARY CUSTODIAL PARENT  IS  SUBJECT  TO  ANY  AGREEMENT
BETWEEN  THE  PARENTS,  AND, IS SUBJECT TO ANY COURT ORDER GOVERNING THE
RIGHTS OF THE PARENTS.
  (C) IF THE PRIMARY CUSTODIAL PARENT OF A  STUDENT  HAS  PRESENTED  THE
KEEPER  OF A RECORD OR INFORMATION THAT IS RELATED TO THE STUDENT WITH A
COPY OF AN ORDER THAT LIMITS THE TERMS AND CONDITIONS  UNDER  WHICH  THE
PARENT WHO IS NOT THE PRIMARY CUSTODIAL PARENT OF THE STUDENT IS TO HAVE
ACCESS  TO  RECORDS  AND INFORMATION PERTAINING TO THE STUDENT OR WITH A
COPY OF ANY OTHER COURT ORDER GOVERNING THE RIGHTS OF THE  PARENTS  THAT
SO  LIMITS  THOSE TERMS AND CONDITIONS, AND IF THE ORDER PERTAINS TO THE
RECORD OR INFORMATION IN QUESTION, THE KEEPER OF THE RECORD OR  INFORMA-
TION SHALL PROVIDE ACCESS TO THE PARENT WHO IS NOT THE PRIMARY CUSTODIAL
PARENT ONLY TO THE EXTENT AUTHORIZED IN THE ORDER. IF THE PRIMARY CUSTO-
DIAL  PARENT  HAS PRESENTED THE KEEPER OF THE RECORD OR INFORMATION WITH
SUCH AN ORDER, THE KEEPER OF THE RECORD SHALL PERMIT THE PARENT  WHO  IS
NOT  THE PRIMARY CUSTODIAL PARENT TO HAVE ACCESS TO THE RECORD OR INFOR-
MATION ONLY IN ACCORDANCE WITH THE MOST RECENT SUCH ORDER THAT HAS  BEEN
PRESENTED  TO  THE  KEEPER BY THE PRIMARY CUSTODIAL PARENT OR THE PARENT
WHO IS NOT THE PRIMARY CUSTODIAL PARENT.
  6. 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.
  7.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF
STUDENT PERSONALLY IDENTIFIABLE INFORMATION TO THE DEPARTMENT OF  EDUCA-
TION,  THE  UNITED  STATES MILITARY, OR ANY INSTITUTION OF HIGHER EDUCA-
TION, ANY POLITICAL SUBDIVISION OR FEDERAL AGENCY THAT  DEMONSTRATES  AN
APPROPRIATE NEED FOR THE INFORMATION OR A SCHOOL DISTRICT OR SCHOOL THAT
DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION.
  S 2. This act shall take effect July 1, 2011 and shall apply to school
years beginning with the 2011-2012 academic year.

Co-Sponsors

S2357B - Bill Details

See Assembly Version of this Bill:
A8474
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3212-b, Ed L

S2357B - Bill Texts

view summary

Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.

view sponsor memo
BILL NUMBER:S2357B

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

PURPOSE:
To enhance privacy protections to students' personally identifiable
student information contained in student education records maintained
by schools and school districts and place additional restrictions on
the release of personally identifiable student information.

SUMMARY OF PROVISIONS:
The Education Law is amended by adding a new section 3212-b to
describe the lawful and unlawful dissemination of disclosable
directory information and personally identifiable student
information. This new section defines, under this act, student;
school; disc10sable directory information (DDI); and personally
identifiable student information (PISI).

Subsection 2 stipulates the legal dissemination of disclosable
directory information and the provisions for the parents or student
in attendance from opting-out of the dissemination of such
information, and the prohibition of the dissemination of personally
identifiable student information, unless the school receives the
affirmative consent to do so from the parent or student in attendance.

Disclosable Directory Information (DDI). The dissemination of a
student's educational record within the school district is not
restricted, and will comport with existing laws and regulations
within said school district. A school district may disseminate
students' directory information to the parent or student in
attendance, and any educational agency, organization, or institution;
and a school district may disseminate students' directory information
to a school club, newspaper, yearbook, honor roll, and the like,
unless the parent or student in attendance prohibits the school
district from doing so.

Personally Identifiable Student Information (PISI). A school district
may only distribute this information with the affirmative consent of
the parent or student in attendance. If a parent or student grants
the affirmative consent, the school may disseminate PISI to: another
parent or student in attendance at the school; to non-profit that
seeks the information for a specific purpose deemed to be beneficial
for the student, and that has not violated the disclosure procedures
stipulated in this section. If the third party violates the wishes of
the custodial parent or student over the age of 18, it is prohibited
from receiving this information for a period of five years.

Furthermore, even with the affirmative consent of the parent or student
in attendance, the school is prohibited from disseminating students'
PISI to a third party for profit-making purposes, such as for
marketing products or services, and selling the information for
commercial purposes.


Subsection 3 outlines the procedures for school districts notification
of parents or students of their rights under this bill. To achieve
active parental consent, within the first week of each new school
year, the school district must issue a public notice, include in the
student handbook, and send home with the student, information
stipulating the disclosure procedures for the DDI and PISI. The
disclosure information shall consist of the definition of disclosable
directory information and personally identifiable student information
as defined in this act; the procedures for obtaining affirmative
consent for prohibiting the school district from disseminating the
student's DDI to a third party for non-profit purposes; the
procedures for obtaining affirmative consent for authorizing the
school district to disseminate the student's PISI to a third party
for non-profit purposes.

If the school district does not receive a response from the parent or
student 30 days of the dissemination of the disclosure information
notice, the school district will operate under the premise that: (i)
The parent or student did not opt-out, thus allowing the school
district to disseminate the DDI to a third party for non-profit
purposes; and (ii) the parent or student did not opt-in, thus
prohibiting the school district from disseminating the PISI to a
third party for nonprofit purposes

Subsection 4 states that the new law shall not limit an employee of
the board of education, state, court, of federal government from
public school records purely for administrative purposes.
Subsection 5 provides for exemptions with regard to military
recruitment, in order to comply with federal law.

Section 2 of the bill sets the effective date.

EXISTING LAW:
Currently, under the federal Family Education Rights Privacy Act,
known as FERPA, schools are required to notify parents at the
beginning of the school year of their right to "opt out" of school
disclosure of a student's personally identifiable information. This
information, which is maintained by the school, is defined under
FERPA as "information ... that would not generally be considered
harmful or an invasion of privacy if disclosed." Students' personally
identifiable information may be requested by and disclosed to
for-profit organizations related to school activities, such as school
ring companies or athletic team apparel and equipment. However,
under FERPA, there are no restrictions on who may request or receive
this information from a school. The U.S. military and institutions of
higher learning have access to student directory information without
parental or student consent. A school also can release a student's
personally identifiable information to another school, the New York
State Education Department, or law enforcement agencies as necessary
without alerting parents and/or students.

A school must annually notify students of their rights under FERPA.
The annual notification must include information regarding a
student's right to inspect and review his or her education records,
the right to seek to amend the records, and the right to consent to
disclosure of personally identifiable information from the records.
However, FERPA does not require the school to notify students of


these rights on an individual basis, so the school may meet FERPA
requirements by posting this information on its website, school
calendar, or student handbook, for example. Also, under FERPA,
non-consensual disclosure of Directory Information may be released to
school-related organizations and businesses. There are no provisions
governing the re-selling of this information in secondary markets,
including to marketers or other nonacademic-related companies, for
example. Nor are there civil penalties to parties that misuse
personal and identifiable information about students. Therefore, once
a student's personally identifiable information is disclosed, it is
difficult to control how and where it is disseminated.
This may result in student's personally identifiable information being
used in direct marketing campaigns and targeted advertising. The
information, once released, also has the potential to compromise
student safety and security if used by the wrong parties.

JUSTIFICATION:
New York has the opportunity to enhance and strengthen privacy
protections for its students, which is especially critical as
personally identifiable information will be digitized and shared
electronically to audit and evaluate state and local education
programs and to support the Statewide Longitudinal Data Systems. This
makes data security and student safety of paramount concern and the
State has an interest to ensure the disclosure of students'
personally identifiable information meets the standards of the Fair
Information Practice Principles, as outlined by the Federal Trade
Commission: notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress.

While FERPA protects student information privacy it does not go far
enough, nor does it adequately address the privacy issues of the
electronic age and the capacity of marketers and other commercial
enterprises to capture, use, and re-sell student information. Even
with privacy controls in place, it is also far too easy for
individuals to get a hold of student information and use it for
illegal purposes', including identity theft, child abduction in
custody battles, and domestic violence.

Therefore, this proposed legislation will enhance the protection to
New York students and their families by stipulating that a student's
personally identifiable information will only be disclosed to a third
party for non-profit purposes with the consent from the parent or
student, if the student is over age 18. Further, directory
information, which can be disclosed under current law, may be
restricted at the request of a parent or student over the age of 18.
Lastly, this bill further enhances privacy by completely prohibiting
the disclosure of directory information or personally
identifiable information to a third party for profit-making purposes.

This legislation will give parents and students greater control over
disclosure of personally identifiable information to third parties.
It will protect students from their personal information being used
by marketers who re-sell their information in secondary markets. The
sophisticated electronic systems used to identify and breach the
privacy of individuals should not have access to the personally
identifiable information of vulnerable students. This added


protection to New York students would protect them from opportunistic
marketers and from identity theft.

Schools have been found to have varying degrees of conformance with
the basic FERPA privacy requirements. Schools must become more
proactive in providing parents with adequate notice of their rights
to keep students' information private and handling the information as
sensitive data.
New York has the opportunity to become a national leader in helping
schools to protect students from violations of their privacy by
affording them added protections and the option not to disclose
locator information.

Recent proposed amendments to FERPA underscore this need, as students'
personally identifiable information and data will be mined for the
Statewide Longitudinal Data Systems, audit and evaluation of
education programs, and research projects. Student data will be
shared across government agency systems and with researchers,
increasing the risk of data breaches and privacy violations. The
proposed New York legislation would further restrict the release of
personally identifiable information so that there will be fewer
opportunities for data security to be compromised and do harm to an
individual or group of students.

Students need and deserve this extra protection. In the digital age,
the line between a computer-based school directory and the online
world is rapidly disappearing. Computer security breaches are
rampant, exposing supposedly private and proprietary information to
online databases. New York should not wait for a major breach of
student information with serious consequences before acting.
Currently, the online collection of personal information from
children under age 13 is protected under the Federal Trade
Commission's Children's Online Privacy Protection Act (COPPA). COPPA
outlines requirements of a website operator's privacy policy, when
and how to seek verifiable consent from parents, privacy protections
for children, and restrictions on marketing to children. Students
deserve no less than the same kind of robust privacy protections for
their personal information maintained by their schools.

This legislation would create additional and needed privacy
protections for students while not imposing any mandates or requiring
additional spending by New York schools. The legislation will remind
schools of their very serious obligation to protect student privacy,
the risks of disclosing student information to commercial
enterprises, and the challenges of collecting and disseminating
personal data in the digital age. Schools are stewards of students'
personally identifiable information and as such must adhere to the
highest standards of practice in protecting privacy and
confidentiality. This legislation will provide those standards and
serve as a model for other states seeking to protect the privacy,
safety, and security of its students.

LEGISLATIVE HISTORY:
S.7414-A/A.10795-A of 2009-2010

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Shall take effect on July 1, 2011 and shall apply to school years
beginning with the 2011-12 school year.

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

                                 2357--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  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:

  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.
                                                           LBD07381-08-1

S. 2357--B                          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-

S. 2357--B                          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, 2011 and shall apply to school
years beginning with the 2011-2012 academic year.

Co-Sponsors

S2357C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8474
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §3212-b, Ed L

S2357C (ACTIVE) - Bill Texts

view summary

Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.

view sponsor memo
BILL NUMBER:S2357C REVISED 01/13/12

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

PURPOSE:
To enhance privacy protections to students' personally identifiable
student information contained in student education records maintained
by schools and school districts and place additional restrictions on
the release of personally identifiable student information.

SUMMARY OF PROVISIONS:
The Education Law is amended by adding a new section 3212-b to
describe the lawful and unlawful dissemination of disclosable
directory information and personally identifiable student
information. This new section defines, under this act, student;
school; disclosable directory information (DDI); and personally
identifiable student information (PISI).

Subsection 2 stipulates the legal dissemination of disclosable
directory information and the provisions for the parents or student
in attendance from opting-out of the dissemination of such
information, and the prohibition of the dissemination of personally
identifiable student information, unless the school receives the
affirmative consent to do so from the parent or student in attendance.

Disclosable Directory Information (DDI). The dissemination of a
student's educational record within the school district is not
restricted, and will comport with existing laws and regulations
within said school district. A school district may disseminate
students' directory information to the parent or student in
attendance, and any educational
agency, organization, or institution; and a school district may
disseminate students' directory information to a school club,
newspaper, yearbook, honor roll, and the like, unless the parent or
student in attendance prohibits the school district from doing so.

Personally Identifiable Student Information (PISI). A school district
may only distribute this information with the affirmative consent of
the parent or student in attendance. If a parent or student grants
the affirmative consent, the school may disseminate PISI to: another
parent or student in attendance at the school; to non-profit that
seeks the information for a specific purpose deemed to be beneficial
for the student, and that has not violated the disclosure procedures
stipulated in this section. If the third party violates the wishes of
the custodial parent or student over the age of 18, it is prohibited
from receiving this information for a period of five years.

Furthermore, even with the affirmative consent of the parent or
student in attendance, the school is prohibited from disseminating
students' PISI to a third party for profit-making purposes, such as
for marketing products or services, and selling the information for
commercial purposes.

Subsection 3 outlines the procedures for school districts notification
of parents or students of their rights under this bill. To achieve
active parental consent, within the first week of each new school
year, the school district must issue a public notice, include in the
student handbook, and send home with the student, information
stipulating the disclosure procedures for the DDI and PISI. The
disclosure information shall consist of the definition of disclosable
directory information and personally identifiable student information
as defined in this act; the procedures for obtaining affirmative
consent for prohibiting the school district from disseminating the
student's DDI to a third party for nonprofit purposes; the procedures
for obtaining affirmative consent for authorizing the school district
to disseminate the student's PISI to a third party for non-profit
purposes.

If the school district does not receive a response from the parent or
student 30 days of the dissemination of the disclosure information
notice, the school district will operate under the premise that: (i)
The parent or student did not opt-out, thus allowing the school
district to disseminate the DDI to a third party for non-profit
purposes; and (ii) the parent or student did not opt-in, thus
prohibiting the school district from disseminating the PISI to a
third party for nonprofit purposes.

Subsection 4 states that the new law shall not limit an employee of the
board of education, state, court, of federal government from public
school records purely for administrative purposes. Subsection 5
provides for exemptions with regard to military recruitment, in order
to comply with federal law.

Section 2 of the bill sets the effective date.

EXISTING LAW:
Currently, under the federal Family Education Rights Privacy Act,
known as FERPA, schools are required to notify parents at the
beginning of the school year of their right to "opt out" of school
disclosure of a student's personally identifiable information. This
information, which is maintained by the school, is defined under FERPA
as "information..., that would not generally be considered harmful
or an invasion of privacy if disclosed." Students' personally
identifiable information may be requested by and disclosed to
for-profit organizations related to school activities, such as school
ring companies or athletic team apparel and equipment. However, under
FERPA, there are no restrictions on who may request or receive this
information from a school. The U.S. military and institutions of
higher learning have access to student directory information without

parental or student consent. A school also can release a student's
personally identifiable information to another school, the New York
State Education Department, or law enforcement agencies as necessary
without alerting parents and/or students.

A school must annually notify students of their rights under FERPA.
The annual notification must include information regarding a
student's right to inspect and review his or her education records,
the right to seek to amend the records, and the right to consent to
disclosure of personally identifiable information from the records.
However, FERPA does not require the school to notify students of
these rights on an individual basis, so the school may meet FERPA
requirements by posting this information on its website, school
calendar, or student handbook, for example. Also, under FERPA,
non-consensual disclosure of Directory Information may be released to
school-related organizations and businesses.
There are no provisions governing the re-selling of this information
in secondary markets, including to marketers or other
nonacademic-related companies, for example. Nor are there civil
penalties to parties that misuse personal and identifiable
information about students. Therefore, once a student's personally
identifiable information is disclosed, it is difficult to control how
and where it is disseminated. This may result in student's personally
identifiable information being used in direct marketing campaigns and
targeted advertising. The information, once released, also has the
potential to compromise student safety and security if used by the
wrong parties.

JUSTIFICATION:
New York has the opportunity to enhance and strengthen privacy
protections for its students, which is especially critical as
personally identifiable information will be digitized and shared
electronically to audit and evaluate state and local education
programs and to support the Statewide Longitudinal Data Systems. This
makes data security and student safety of paramount concern and the
State has an interest to ensure the disclosure of students'
personally identifiable information meets the standards of the Fair
Information Practice Principles, as outlined by the Federal Trade
Commission: notice/awareness, choice/consent, access/participation,
integrity/security, and enforcement/redress.

While FERPA protects student information privacy it does not go far
enough, nor does it adequately address the privacy issues of the
electronic age and the capacity of marketers and other commercial
enterprises to capture, use, and re-sell student information. Even
with privacy controls in place, it is also far too easy for
individuals to get a hold of student information and use it for
illegal purposes, including identity theft, child abduction in
custody battles, and domestic violence.

Therefore, this proposed legislation will enhance the protection to
New York students and their families by stipulating that a student's

personally identifiable information will only be disclosed to a third
party for non-profit purposes with the consent from the parent or
student, if the student is over age 18. Further, directory
information, which can be disclosed under current law, may be
restricted at the request of a parent or student over the age of 18.
Lastly, this bill further enhances privacy by completely prohibiting
the disclosure of directory information or personally identifiable
information to a third party for profit-making purposes.

This legislation will give parents and students greater control over
disclosure of personally identifiable information to third parties.
It will protect students from their personal information being used
by marketers who re-sell their information in secondary markets. The
sophisticated electronic systems used to identify and breach the
privacy of individuals should not have access to the personally
identifiable information of vulnerable students. This added
protection to New York students would protect them from opportunistic
marketers and from identity theft.

Schools have been found to have varying degrees of conformance with
the basic FERPA privacy requirements. Schools must become more
proactive in providing parents with adequate notice of their rights
to keep students' information private and handling the information as
sensitive data. New York has the opportunity to become a national
leader in helping schools to protect students from violations of
their privacy by affording them added protections and the option not
to disclose locator information.
Recent proposed amendments to FERPA underscore this need, as
students' personally identifiable information and data will be mined
for the Statewide Longitudinal Data Systems, audit and evaluation of
education programs, and research projects. Student data will be
shared across government agency systems and with researchers,
increasing the risk of data breaches and privacy violations. The
proposed New York legislation would further restrict the release of
personally identifiable information so that there will be fewer
opportunities for data security to be compromised and do harm to an
individual or group of students.

Students need and deserve this extra protection. In the digital age,
the line between a computer-based school directory and the online
world is rapidly disappearing. Computer security breaches are
rampant, exposing supposedly private and proprietary information to
online databases. New York should not wait for a major breach of
student information with serious consequences before acting.
Currently, the online collection of personal information from
children under age 13 is protected under the Federal Trade
Commission's Children's Online Privacy Protection Act (COPPA). COPPA
outlines requirements of a website operator's privacy policy, when
and how to seek verifiable consent from parents, privacy protections
for children, and restrictions on marketing to children.
Students deserve no less than the same kind of robust privacy
protections for their personal information maintained by their schools.

This legislation would create additional and needed privacy
protections for students while not imposing any mandates or requiring
additional spending by New York schools. The legislation will remind
schools of their very serious obligation to protect student privacy,
the risks of disclosing student information to commercial
enterprises, and the challenges of collecting and disseminating
personal data in the digital age.
Schools are stewards of students' personally identifiable information
and as such must adhere to the highest standards of practice in
protecting privacy and confidentiality. This legislation will provide
those standards and serve as a model for other states seeking to
protect the privacy, safety, and security of its students.

LEGISLATIVE HISTORY:
06/17/11 PASSED SENATE
06/17/11 DELIVERED TO ASSEMBLY
01/04/12 DIED IN ASSEMBLY
01/04/12 RETURNED TO SENATE
01/04/12 REFERRED TO EDUCATION

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Shall take effect on July 1, 2012 and shall apply to school years
beginning with the 2012-13 school year.

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                    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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-10-2

S. 2357--C                          2

ATHLETIC TEAMS; DEGREES, HONORS AND AWARDS RECEIVED; AND THE MOST RECENT
EDUCATIONAL AGENCY OR INSTITUTION ATTENDED.
  (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

S. 2357--C                          3

HOME WITH EVERY STUDENT, INFORMATION STIPULATING THE  DISCLOSURE  PROCE-
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.

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