Senate Bill S5932A

2013-2014 Legislative Session

Relates to the release of personally identifiable student information

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education 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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Bill Amendments

co-Sponsors

2013-S5932 - Details

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

2013-S5932 - Summary

Prohibits the release of personally identifiable student information where parental consent is not provided.

2013-S5932 - Sponsor Memo

2013-S5932 - Bill Text download pdf

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

                                  5932

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                           September 11, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- 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 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 3212-b
to read as follows:
  S 3212-B. RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION.  1.    DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A)  THE TERMS "DISCLOSURE," "EDUCATION PROGRAM," "EDUCATION RECORDS,"
"ELIGIBLE STUDENT," "PARENT," "PARTY," "PERSONALLY IDENTIFIABLE INFORMA-
TION," "RECORD," AND "STUDENT" SHALL HAVE  THE  SAME  MEANING  AS  THOSE
TERMS ARE DEFINED IN 34 CFR PART 99.3;
  (B) THE TERM "INSTITUTION" SHALL MEAN ANY PUBLIC OR PRIVATE ELEMENTARY
OR  SECONDARY  SCHOOL  OR  AN  INSTITUTION  THAT  PROVIDES  EDUCATION TO
STUDENTS BEYOND THE SECONDARY EDUCATION LEVEL; SECONDARY EDUCATION SHALL
HAVE THE MEANING SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO  OF  THIS
CHAPTER;
  2. LIMITATIONS ON ACCESS TO, OR DISCLOSURE OF, PERSONALLY IDENTIFIABLE
INFORMATION. (A) AUTHORIZED REPRESENTATIVES. THE DEPARTMENT AND DISTRICT
BOARDS  OF  EDUCATION  SHALL ONLY DESIGNATE PARTIES THAT ARE UNDER THEIR
DIRECT CONTROL TO ACT AS THEIR AUTHORIZED REPRESENTATIVES TO CONDUCT ANY
AUDIT OR EVALUATION,  OR  ANY  COMPLIANCE  OR  ENFORCEMENT  ACTIVITY  IN
CONNECTION  WITH  LEGAL  REQUIREMENTS  THAT  RELATE TO STATE OR DISTRICT
SUPPORTED EDUCATIONAL PROGRAMS,  WHEN  ANY  SUCH  AUDIT,  EVALUATION  OR
ACTIVITY  REQUIRES  OR  IS  USED  AS  THE  BASIS  FOR GRANTING ACCESS TO
PERSONALLY IDENTIFIABLE STUDENT INFORMATION;
  (B) OUTSOURCING. THE DEPARTMENT,  DISTRICT  BOARDS  OF  EDUCATION  AND
INSTITUTIONS  MAY  NOT DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION FROM
EDUCATION RECORDS OF STUDENTS WITHOUT THE WRITTEN  CONSENT  OF  ELIGIBLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09672-06-3
              

co-Sponsors

2013-S5932A (ACTIVE) - Details

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

2013-S5932A (ACTIVE) - Summary

Prohibits the release of personally identifiable student information where parental consent is not provided.

2013-S5932A (ACTIVE) - Sponsor Memo

2013-S5932A (ACTIVE) - Bill Text download pdf

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

                                 5932--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                           September 11, 2013
                               ___________

Introduced  by Sens. ROBACH, BALL, CARLUCCI, GALLIVAN, HOYLMAN, KRUEGER,
  LANZA, LATIMER, MONTGOMERY, SAVINO, SERRANO, TKACZYK,  YOUNG  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules -- 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  commit-
  tee

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 3212-b
to read as follows:
  S  3212-B.  RELEASE  OF PERSONALLY IDENTIFIABLE INFORMATION. 1.  DEFI-
NITIONS. AS USED IN THIS SECTION:
  (A) THE TERMS "DISCLOSURE," "EDUCATION PROGRAM," "EDUCATION  RECORDS,"
"ELIGIBLE STUDENT," "PARENT," "PARTY," "PERSONALLY IDENTIFIABLE INFORMA-
TION,"  "RECORD,"  AND  "STUDENT"  SHALL  HAVE THE SAME MEANING AS THOSE
TERMS ARE DEFINED IN 34 CFR PART 99.3;
  (B) THE TERM "INSTITUTION" SHALL MEAN ANY PUBLIC OR PRIVATE ELEMENTARY
OR SECONDARY  SCHOOL  OR  AN  INSTITUTION  THAT  PROVIDES  EDUCATION  TO
STUDENTS BEYOND THE SECONDARY EDUCATION LEVEL; SECONDARY EDUCATION SHALL
HAVE  THE  MEANING SET FORTH IN SUBDIVISION SEVEN OF SECTION TWO OF THIS
CHAPTER;
  2. LIMITATIONS ON ACCESS TO, OR DISCLOSURE OF, PERSONALLY IDENTIFIABLE
INFORMATION. (A) AUTHORIZED REPRESENTATIVES. THE DEPARTMENT AND DISTRICT
BOARDS OF EDUCATION SHALL ONLY DESIGNATE PARTIES THAT  ARE  UNDER  THEIR
DIRECT CONTROL TO ACT AS THEIR AUTHORIZED REPRESENTATIVES TO CONDUCT ANY
AUDIT  OR  EVALUATION,  OR  ANY  COMPLIANCE  OR  ENFORCEMENT ACTIVITY IN
CONNECTION WITH LEGAL REQUIREMENTS THAT  RELATE  TO  STATE  OR  DISTRICT
SUPPORTED  EDUCATIONAL  PROGRAMS,  WHEN  ANY  SUCH  AUDIT, EVALUATION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09672-07-4
              

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