Senate Bill S5930

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

                                  5930

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            September 4, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
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.
                                                           LBD10977-07-3

              

S. 5930                             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  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.