NY State Assembly Bill 2013-A7872A

Archive: Last Bill Status - On Floor Calendar

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	ordered to third reading cal.387 returned to assembly died in senate
Jun 20, 2013	referred to rules referred to rules delivered to senate passed assembly
Jun 19, 2013	ordered to third reading rules cal.559 rules report cal.559 reported
Jun 18, 2013	reported referred to rules
Jun 14, 2013	print number 7872a
Jun 14, 2013	amend (t) and recommit to codes
Jun 12, 2013	reported referred to codes
Jun 06, 2013	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

2013-A7872 - Details

See Senate Version of this Bill:: S5930
Law Section:: Education Law
Laws Affected:: Add §2-c, Ed L

2013-A7872 - Summary

Relates to the release of personally identifiable student information.

2013-A7872 - Bill Text download pdf

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

                                  7872

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by M. of A. 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

  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 2-c to
read as follows:
  S 2-C. RELEASE OF PERSONALLY IDENTIFIABLE  STUDENT  INFORMATION.    1.
DEFINITIONS.  AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  A. "PERSONALLY IDENTIFIABLE STUDENT INFORMATION" SHALL HAVE  THE  SAME
MEANING  AS SUCH TERM IS DEFINED IN SECTION 99.3 OF TITLE 34 OF THE CODE
OF FEDERAL REGULATIONS IMPLEMENTING  THE  FAMILY  EDUCATION  RIGHTS  AND
PRIVACY  ACT,  AS SUCH FEDERAL LAW AND REGULATIONS ARE FROM TIME TO TIME
AMENDED.
  B. "BIOMETRIC RECORD" SHALL HAVE THE SAME  MEANING  AS  SUCH  TERM  IS
DEFINED  IN  SECTION 99.3 OF TITLE 34 OF THE CODE OF FEDERAL REGULATIONS
IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT, AS SUCH FEDER-
AL LAW AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
  C. "SCHOOL" SHALL MEAN ANY  PUBLIC  ELEMENTARY  OR  SECONDARY  SCHOOL,
BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, PUBLIC SCHOOL KINDERGARTEN
PROGRAMS, UNIVERSAL PRE-KINDERGARTEN  PROGRAMS  AUTHORIZED  PURSUANT  TO
SECTION  THIRTY-SIX  HUNDRED  TWO-E  OF THIS CHAPTER, AND OTHER PUBLICLY
FUNDED PRE-KINDERGARTEN PROGRAMS.
  D. "STUDENT" SHALL MEAN ANY PERSON ATTENDING A  SCHOOL  IDENTIFIED  IN
PARAGRAPH C OF THIS SUBDIVISION.
  E.  "THIRD  PARTY" SHALL MEAN ANY PERSON OR ENTITY OTHER THAN A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  INSTITUTION  OF
HIGHER  EDUCATION,  SCHOOL AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION
OR THE DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10977-05-3

A. 7872                             2

  2. A PARENT OF A STUDENT, A PERSON IN PARENTAL RELATION TO A  STUDENT,
OR  A  STUDENT  EIGHTEEN  YEARS  OF  AGE  OR OLDER MAY REQUEST THAT SUCH
STUDENT'S  PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  AND/OR   SUCH
STUDENT'S  BIOMETRIC  RECORD  NOT  BE  DISCLOSED TO ANY THIRD PARTY. THE
DEPARTMENT AND/OR ANY SCHOOL THAT RECEIVES SUCH REQUEST SHALL BE PROHIB-
ITED  FROM  DISCLOSING  SUCH  INFORMATION TO ANY THIRD PARTY UNLESS SUCH
DISCLOSURE IS REQUIRED BY LAW, PURSUANT TO A COURT  ORDER  OR  SUBPOENA,
FOR  THE  PURPOSE  OF A STATE OR FEDERAL AUDIT OR EVALUATION BY ENTITIES
AUTHORIZED UNDER STATE OR FEDERAL LAW, OR IS NECESSARY DUE TO  A  HEALTH
OR SAFETY EMERGENCY.
  3. THE DEPARTMENT SHALL DEVELOP A FORM THAT SHALL BE USED FOR REQUESTS
MADE  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION. SUCH FORM SHALL BE
MADE PUBLICLY AVAILABLE AND SHALL ALLOW SUCH INDIVIDUALS THE  OPTION  TO
OPT-OUT OF DISCLOSURE OF PERSONALLY IDENTIFIABLE STUDENT INFORMATION AND
BIOMETRIC  RECORDS  TO  ANY  THIRD  PARTY  OR  TO CERTAIN TYPES OF THIRD
PARTIES. THE DEPARTMENT IS AUTHORIZED TO IDENTIFY A  LIST  OF  TYPES  OF
THIRD  PARTIES THAT INDIVIDUALS MAY OPT-OUT OF DISCLOSURE OF SUCH INFOR-
MATION AND RECORDS AND SUCH INDIVIDUALS MAY  OPT-OUT  OF  DISCLOSURE  OF
SUCH  INFORMATION AND RECORDS TO ANY TYPE AND/OR ALL OF THE LISTED THIRD
PARTIES. SUCH LIST DEVELOPED BY THE DEPARTMENT  SHALL  NOT  REQUIRE  THE
NAMES  OF  SUCH  THIRD  PARTIES TO BE LISTED. SUCH LIST MAY IDENTIFY THE
TYPES OF SERVICES SUCH THIRD PARTIES PROVIDE.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  SHARING  OF
PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  AND BIOMETRIC RECORDS BY
CHARTER SCHOOLS TO A NOT-FOR-PROFIT CORPORATION OR A FOR-PROFIT BUSINESS
OR CORPORATE ENTITY THAT THE CHARTER SCHOOL WAS  FORMED  IN  CONJUNCTION
WITH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A7872A (ACTIVE) - Details

See Senate Version of this Bill:: S5930
Law Section:: Education Law
Laws Affected:: Add §2-c, Ed L

2013-A7872A (ACTIVE) - Summary

Relates to the release of personally identifiable student information.

2013-A7872A (ACTIVE) - Bill Text download pdf

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

                                 7872--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by  M.  of  A. NOLAN, ABINANTI, OTIS, TITONE, PAULIN -- read
  once and referred to  the  Committee  on  Education  --  reported  and
  referred  to  the  Committee  on  Codes  -- 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 information

  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 2-c to
read as follows:
  S  2-C.  RELEASE  OF  PERSONALLY  IDENTIFIABLE INFORMATION.   1. DEFI-
NITIONS. AS USED IN THIS SECTION THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "PERSONALLY  IDENTIFIABLE INFORMATION" SHALL HAVE THE SAME MEANING
AS SUCH TERM IS DEFINED IN SECTION 99.3 OF  TITLE  34  OF  THE  CODE  OF
FEDERAL REGULATIONS IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND PRIVACY
ACT, AS SUCH FEDERAL LAW AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
  B.  "BIOMETRIC  RECORD"  SHALL  HAVE  THE SAME MEANING AS SUCH TERM IS
DEFINED IN SECTION 99.3 OF TITLE 34 OF THE CODE OF  FEDERAL  REGULATIONS
IMPLEMENTING THE FAMILY EDUCATION RIGHTS AND PRIVACY ACT, AS SUCH FEDER-
AL LAW AND REGULATIONS ARE FROM TIME TO TIME AMENDED.
  C.  "SCHOOL"  SHALL  MEAN  ANY  PUBLIC ELEMENTARY OR SECONDARY SCHOOL,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  PUBLIC  SCHOOL  KINDERGARTEN
PROGRAMS,  UNIVERSAL  PRE-KINDERGARTEN  PROGRAMS  AUTHORIZED PURSUANT TO
SECTION THIRTY-SIX HUNDRED TWO-E OF THIS  CHAPTER,  AND  OTHER  PUBLICLY
FUNDED PRE-KINDERGARTEN PROGRAMS.
  D.  "STUDENT"  SHALL  MEAN ANY PERSON ATTENDING A SCHOOL IDENTIFIED IN
PARAGRAPH C OF THIS SUBDIVISION.
  E. "THIRD PARTY" SHALL MEAN ANY PERSON OR ENTITY OTHER THAN  A  SCHOOL
DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, INSTITUTION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10977-06-3

A. 7872--A                          2

HIGHER EDUCATION, SCHOOL AS DEFINED IN PARAGRAPH C OF  THIS  SUBDIVISION
OR THE DEPARTMENT.
  2.  A PARENT OF A STUDENT, A PERSON IN PARENTAL RELATION TO A STUDENT,
OR A STUDENT EIGHTEEN YEARS OF  AGE  OR  OLDER  MAY  REQUEST  THAT  SUCH
STUDENT'S  PERSONALLY  IDENTIFIABLE  INFORMATION  AND/OR  SUCH STUDENT'S
BIOMETRIC RECORD NOT BE DISCLOSED TO ANY  THIRD  PARTY.  THE  DEPARTMENT
AND/OR  ANY  SCHOOL  THAT RECEIVES SUCH REQUEST SHALL BE PROHIBITED FROM
DISCLOSING SUCH INFORMATION TO ANY THIRD PARTY UNLESS SUCH DISCLOSURE IS
REQUIRED BY LAW, PURSUANT TO A COURT ORDER OR SUBPOENA, FOR THE  PURPOSE
OF  A STATE OR FEDERAL AUDIT OR EVALUATION TO AUTHORIZED REPRESENTATIVES
OF ENTITIES IDENTIFIED IN SECTION 99.31 (A)(3) OF TITLE 34 OF  THE  CODE
OF  FEDERAL  REGULATIONS  IMPLEMENTING  THE  FAMILY EDUCATION RIGHTS AND
PRIVACY ACT, OR IS NECESSARY DUE TO A HEALTH OR SAFETY EMERGENCY.
  3. THE DEPARTMENT SHALL DEVELOP A FORM THAT SHALL BE USED FOR REQUESTS
MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION.  SUCH  FORM  SHALL  BE
MADE  PUBLICLY  AVAILABLE AND SHALL ALLOW SUCH INDIVIDUALS THE OPTION TO
OPT-OUT OF DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION AND  BIOME-
TRIC  RECORDS  TO  ANY THIRD PARTY OR TO CERTAIN TYPES OF THIRD PARTIES.
THE DEPARTMENT IS AUTHORIZED TO  IDENTIFY  A  LIST  OF  TYPES  OF  THIRD
PARTIES  THAT  INDIVIDUALS MAY OPT-OUT OF DISCLOSURE OF SUCH INFORMATION
AND RECORDS AND SUCH INDIVIDUALS  MAY  OPT-OUT  OF  DISCLOSURE  OF  SUCH
INFORMATION  AND  RECORDS  TO  ANY  TYPE  AND/OR ALL OF THE LISTED THIRD
PARTIES. SUCH LIST DEVELOPED BY THE DEPARTMENT  SHALL  NOT  REQUIRE  THE
NAMES  OF  SUCH  THIRD  PARTIES TO BE LISTED. SUCH LIST MAY IDENTIFY THE
TYPES OF SERVICES SUCH THIRD PARTIES PROVIDE.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  SHARING  OF
PERSONALLY  IDENTIFIABLE  INFORMATION  AND  BIOMETRIC RECORDS BY CHARTER
SCHOOLS TO A NOT-FOR-PROFIT CORPORATION  OR  A  FOR-PROFIT  BUSINESS  OR
CORPORATE ENTITY THAT THE CHARTER SCHOOL WAS FORMED IN CONJUNCTION WITH.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Find your Senator and share your views on important issues.

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Assembly Bill A7872A

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

2013-A7872 - Details

2013-A7872 - Summary

2013-A7872 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A7872A (ACTIVE) - Details

2013-A7872A (ACTIVE) - Summary

2013-A7872A (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A7872A

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Sponsored By

NOLAN

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Thomas Abinanti

Steven Otis

Matthew Titone

Amy Paulin

2013-A7872 - Details

2013-A7872 - Summary

2013-A7872 - Bill Text download pdf

co-Sponsors

Sheldon Silver

Daniel O'Donnell

Thomas Abinanti

Steven Otis

multi-Sponsors

Herman D. Farrell

2013-A7872A (ACTIVE) - Details

2013-A7872A (ACTIVE) - Summary

2013-A7872A (ACTIVE) - Bill Text download pdf

Comments