NY State Assembly Bill 2011-A8474

Assembly Bill A8474

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

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2012	amend and recommit to rules 8474b
Jun 06, 2012	reported referred to rules
Jan 13, 2012	print number 8474a
Jan 13, 2012	amend and recommit to education
Jan 04, 2012	referred to education
Jun 17, 2011	referred to education

Bill Amendments

Original

B (Active)

co-Sponsors

2011-A8474 - Details

Current Committee:: Assembly Rules
Law Section:: Education Law
Laws Affected:: Add §3212-b, Ed L

2011-A8474 - Summary

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

2011-A8474 - Bill Text download pdf

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

                                  8474

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

Introduced by M. of A. ROSENTHAL, NOLAN -- read once and referred to the
  Committee on Education

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.
  (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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-09-1

A. 8474                             2

  (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-
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:

A. 8474                             3

  (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

2011-A8474A - Details

Current Committee:: Assembly Rules
Law Section:: Education Law
Laws Affected:: Add §3212-b, Ed L

2011-A8474A - Summary

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

2011-A8474A - Bill Text download pdf

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

                                 8474--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

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.

co-Sponsors

2011-A8474B (ACTIVE) - Details

Current Committee:: Assembly Rules
Law Section:: Education Law
Laws Affected:: Add §3212-b, Ed L

2011-A8474B (ACTIVE) - Summary

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

2011-A8474B (ACTIVE) - Bill Text download pdf

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

                                 8474--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2011
                               ___________

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  --  reported  and  referred  to  the  Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

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 A
SCHOOL  MAINTAINS  EDUCATION RECORDS OR PERSONALLY IDENTIFIABLE INFORMA-
TION, BUT DOES NOT INCLUDE A PERSON WHO HAS NOT BEEN  IN  ATTENDANCE  AT
SUCH SCHOOL.
  (B)  THE  TERM  "SCHOOL"  MEANS  ANY PUBLIC SCHOOL; IN ANY CITY, UNION
FREE, COMMON OR CENTRAL SCHOOL DISTRICT AND  ANY  NON-PUBLIC  SCHOOL  OF
ELEMENTARY OR SECONDARY EDUCATION.
  (C)  THE TERM "ELIGIBLE STUDENT" MEANS A STUDENT WHO HAS REACHED EIGH-
TEEN YEARS OF AGE.
  (D) 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;  GRADE  LEVEL;  DATES  OF
ATTENDANCE;   PARTICIPATION  IN  OFFICIALLY  RECOGNIZED  ACTIVITIES  AND
SPORTS; WEIGHT AND HEIGHT OF  MEMBERS  OF  ATHLETIC  TEAMS;  HONORS  AND
AWARDS RECEIVED; AND THE MOST RECENT SCHOOL ATTENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07381-14-2

A. 8474--B                          2

  (E) "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
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 SHALL ISSUE
A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK,  AND  SEND  HOME  WITH
EVERY  STUDENT,  INFORMATION  STIPULATING  THE DISCLOSURE PROCEDURES FOR
DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT INFORMATION.

A. 8474--B                          3

  (A) THE DISCLOSURE INFORMATION SHALL  CONSIST  OF  THE  DEFINITION  OF
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 DIREC-
TORY  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  DIRECTORY
INFORMATION  RELATING TO THE STUDENT PURSUANT TO PARAGRAPH (A) OF SUBDI-
VISION 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, OR A SCHOOL DISTRICT OR  SCHOOL
THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION.
  S 2. This act shall take effect July 1, 2013.

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Assembly Bill A8474

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Sponsored By

ROSENTHAL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Catherine Nolan

2011-A8474 - Details

2011-A8474 - Summary

2011-A8474 - Bill Text download pdf

co-Sponsors

Catherine Nolan

2011-A8474A - Details

2011-A8474A - Summary

2011-A8474A - Bill Text download pdf

co-Sponsors

Catherine Nolan

2011-A8474B (ACTIVE) - Details

2011-A8474B (ACTIVE) - Summary

2011-A8474B (ACTIVE) - Bill Text download pdf

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