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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (19)
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

view votes

Bill Amendments

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

S2357 - Details

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

S2357 - Summary

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

S2357 - Sponsor Memo

S2357 - Bill Text download pdf

                    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 - Details

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

S2357A - Summary

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

S2357A - Sponsor Memo

S2357A - Bill Text download pdf

                    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

Co-Sponsors

S2357B - Details

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

S2357B - Summary

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

S2357B - Sponsor Memo

S2357B - Bill Text download pdf

                    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

Co-Sponsors

S2357C (ACTIVE) - Details

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

S2357C (ACTIVE) - Summary

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

S2357C (ACTIVE) - Sponsor Memo

S2357C (ACTIVE) - Bill Text download pdf

                    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

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