senate Bill S5932A

2013-2014 Legislative Session

Relates to the release of personally identifiable student information

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 5932a
amend and recommit to education
Jan 08, 2014 referred to education
Sep 11, 2013 referred to rules

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S5932 - Bill Details

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

S5932 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5932

TITLE OF BILL: An act to amend the education law, in relation to the
release of personally identifiable student information

PURPOSE:

This bill would protect student privacy by prohibiting the release of
personally identifiable information about individual students to
certain third parties unless.there is parental consent, or a student
who is 18 or older consents, or unless certain exceptions apply.

SUMMARY OF PROVISIONS:

Section one of the bill creates a new section 3212-b of the Education
Law entitled 'Release of personally identifiable student information."
Subdivision one defines several terms as they are defined in the
federal regulations that relate to privacy of student records (34
C.F.R. 99.3, the FERPA regulations), and also defines the term
institution. Subdivision 2 sets out the limits on access to, or
disclosure of, personally identifiable information; it deals
specifically with limits on disclosure to contractors and consultants,
as well as disclosure for purposes of academic studies, and prohibits
disclosure for commercial use. Subdivision 3 sets out data integrity
practices. Subdivision 4 provides for civil penalties and enforcement.
The A-print rewrites the original bill without changing its purpose;
the changes are designed to strengthen the bill and its protection of
children's privacy.

JUSTIFICATION: New York and several other states have recently agreed
to share confidential student information with corporate entities
related to the Gates Foundation and the News Corporation. The shared
data will include children's personal information, including name,
address, test scores, disciplinary and attendance records, race,
ethnicity, disabilities, and other highly sensitive information. The
data will be used for various purposes and will be made available to
commercial vendors to help them develop and market their learning
products. Neither parents nor students control the sharing of this
sensitive personal data shared with corporate entities, one of which
is a subsidiary of the News Corporation. It is critical that there be
safeguards on the release of sensitive and personal information about
students, and that parental or student consent should be part of any
process of releasing personally identifiable student information to
third parties. This legislation would establish procedures and
standards that provide for consent and appropriate safeguards.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on July 1, 2014.

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                    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

S. 5932                             2

STUDENTS  OR PARENTS TO A CONTRACTOR, CONSULTANT, OR OTHER PARTY TO WHOM
AN AGENCY OR INSTITUTION HAS OUTSOURCED INSTITUTIONAL SERVICES OR  FUNC-
TIONS UNLESS THAT OUTSIDE PARTY:
  (1)  PERFORMS  AN  INSTITUTIONAL  SERVICE  OR  FUNCTION  FOR WHICH THE
DEPARTMENT, DISTRICT BOARD OF EDUCATION, OR INSTITUTION WOULD  OTHERWISE
USE EMPLOYEES;
  (2)  IS  UNDER  THE  DIRECT  CONTROL OF THE AGENCY OR INSTITUTION WITH
RESPECT TO THE USE AND MAINTENANCE OF EDUCATION RECORDS;
  (3) LIMITS INTERNAL ACCESS TO EDUCATION RECORDS TO  THOSE  INDIVIDUALS
THAT ARE DETERMINED TO HAVE LEGITIMATE EDUCATIONAL INTERESTS;
  (4)  DOES  NOT  USE  THE EDUCATION RECORDS FOR ANY OTHER PURPOSES THAN
THOSE EXPLICITLY AUTHORIZED IN ITS CONTRACT;
  (5) DOES NOT DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION  TO  ANY
OTHER PARTY:
  (I)  WITHOUT  THE  PRIOR  WRITTEN  CONSENT  OF  THE PARENT OR ELIGIBLE
STUDENT, OR
  (II) UNLESS REQUIRED BY STATUTE OR COURT ORDER AND THE PARTY  PROVIDES
A  NOTICE  OF THE DISCLOSURE TO THE DEPARTMENT, DISTRICT BOARD OF EDUCA-
TION, OR INSTITUTION THAT PROVIDED THE INFORMATION  NO  LATER  THAN  THE
TIME  THE  INFORMATION  IS  DISCLOSED,  UNLESS  PROVIDING  NOTICE OF THE
DISCLOSURE IS EXPRESSLY PROHIBITED BY THE STATUTE OR COURT ORDER;
  (6) MAINTAINS REASONABLE ADMINISTRATIVE, TECHNICAL AND PHYSICAL  SAFE-
GUARDS  TO  PROTECT  THE  SECURITY,  CONFIDENTIALITY  AND  INTEGRITY  OF
PERSONALLY IDENTIFIABLE STUDENT INFORMATION IN ITS CUSTODY;
  (7) USES ENCRYPTION TECHNOLOGIES TO PROTECT DATA WHILE IN MOTION OR IN
ITS CUSTODY FROM UNAUTHORIZED DISCLOSURE USING A TECHNOLOGY OR METHODOL-
OGY SPECIFIED BY THE SECRETARY OF THE  U.S.  DEPARTMENT  OF  HEALTH  AND
HUMAN  SERVICES  IN  GUIDANCE ISSUED UNDER SECTION 13402(H)(2) OF PUBLIC
LAW 111-5;
  (8) HAS SUFFICIENT ADMINISTRATIVE AND TECHNICAL PROCEDURES TO  MONITOR
CONTINUOUSLY  THE SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION IN ITS
CUSTODY;
  (9) CONDUCTS A SECURITY AUDIT ANNUALLY AND  PROVIDES  THE  RESULTS  OF
THAT  AUDIT TO EACH DEPARTMENT, DISTRICT BOARD OF EDUCATION, OR INSTITU-
TION THAT PROVIDED EDUCATIONAL RECORDS;
  (10) PROVIDES THE DEPARTMENT, DISTRICT BOARD OF EDUCATION, OR INSTITU-
TION WITH A  BREACH  REMEDIATION  PLAN  ACCEPTABLE  TO  THE  DEPARTMENT,
DISTRICT  BOARD  OF EDUCATION OR INSTITUTION PRIOR TO INITIAL RECEIPT OF
EDUCATION RECORDS;
  (11) REPORTS  ALL  SUSPECTED  SECURITY  BREACHES  TO  THE  DEPARTMENT,
DISTRICT  BOARDS  OF  EDUCATION,  OR INSTITUTION THAT PROVIDED EDUCATION
RECORDS AS SOON AS POSSIBLE BUT NOT LATER THAN FORTY-EIGHT HOURS AFTER A
SUSPECTED BREACH WAS KNOWN  OR  WOULD  HAVE  BEEN  KNOWN  BY  EXERCISING
REASONABLE DILIGENCE;
  (12)  REPORTS ALL ACTUAL SECURITY BREACHES TO THE DEPARTMENT, DISTRICT
BOARDS OF EDUCATION, OR INSTITUTION THAT PROVIDED EDUCATION  RECORDS  AS
SOON  AS  POSSIBLE  BUT NOT LATER THAN TWENTY-FOUR HOURS AFTER AN ACTUAL
BREACH WAS KNOWN OR WOULD HAVE BEEN KNOWN BY EXERCISING REASONABLE DILI-
GENCE;
  (13) IN THE EVENT OF A SECURITY BREACH OR UNAUTHORIZED DISCLOSURES  OF
PERSONALLY  IDENTIFIABLE  INFORMATION,  PAYS  ALL  COSTS AND LIABILITIES
INCURRED BY THE DEPARTMENT, DISTRICT  BOARDS  OF  EDUCATION,  OR  INSTI-
TUTIONS  RELATED  TO  THE  SECURITY  BREACH  OR UNAUTHORIZED DISCLOSURE,
INCLUDING BUT NOT LIMITED TO THE COSTS OF RESPONDING TO INQUIRIES  ABOUT
THE SECURITY BREACH OR UNAUTHORIZED DISCLOSURE, OF NOTIFYING SUBJECTS OF
PERSONALLY  IDENTIFIABLE INFORMATION ABOUT THE BREACH, OF MITIGATING THE

S. 5932                             3

EFFECTS OF THE BREACH FOR THE SUBJECTS OF PERSONALLY IDENTIFIABLE INFOR-
MATION, AND OF INVESTIGATING THE CAUSE OR CONSEQUENCES OF  THE  SECURITY
BREACH OR UNAUTHORIZED DISCLOSURE; AND
  (14)  DESTROYS OR RETURNS TO THE DEPARTMENT, DISTRICT BOARDS OF EDUCA-
TION, OR INSTITUTIONS ALL PERSONALLY  IDENTIFIABLE  INFORMATION  IN  ITS
CUSTODY UPON REQUEST AND AT THE TERMINATION OF THE CONTRACT.
  (C)  STUDIES.  THE DEPARTMENT, DISTRICT BOARDS OF EDUCATION, OR INSTI-
TUTIONS MAY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION FROM AN  EDUCA-
TION  RECORD  OF  A  STUDENT WITHOUT THE CONSENT OF ELIGIBLE STUDENTS OR
PARENTS TO A PARTY CONDUCTING STUDIES FOR, OR ON BEHALF OF,  EDUCATIONAL
AGENCIES OR INSTITUTIONS TO:
  (1) DEVELOP, VALIDATE, OR ADMINISTER PREDICTIVE TESTS;
  (2) ADMINISTER STUDENT AID PROGRAMS; OR
  (3) IMPROVE INSTRUCTION;
  PROVIDED  THAT THE OUTSIDE PARTY CONDUCTING THE STUDY MEETS ALL OF THE
REQUIREMENTS FOR CONTRACTORS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
SION;
  (D) COMMERCIAL USE PROHIBITED.  THE  DEPARTMENT,  DISTRICT  BOARDS  OF
EDUCATION  AND  INSTITUTIONS  MAY  NOT,  WITHOUT  THE WRITTEN CONSENT OF
ELIGIBLE STUDENTS OR PARENTS, DISCLOSE PERSONALLY IDENTIFIABLE  INFORMA-
TION FROM EDUCATION RECORDS TO ANY PARTY FOR A COMMERCIAL USE, INCLUDING
BUT  NOT LIMITED TO MARKETING PRODUCTS OR SERVICES, COMPILATION OF LISTS
FOR SALE OR RENTAL, DEVELOPMENT OF PRODUCTS OR SERVICES, OR CREATION  OF
INDIVIDUAL,  HOUSEHOLD,  OR  GROUP  PROFILES; NOR MAY SUCH DISCLOSURE BE
MADE FOR PROVISION OF SERVICES  OTHER  THAN  CONTRACTING,  STUDIES,  AND
AUDITS  OR  EVALUATIONS  AS AUTHORIZED AND LIMITED BY PARAGRAPHS (B) AND
(C) OF THIS SUBDIVISION.  ANY CONSENT FROM AN ELIGIBLE STUDENT OR PARENT
MUST BE SIGNED BY THE STUDENT OR PARENT, BE DATED  ON  THE  DAY  IT  WAS
SIGNED,  NOT  HAVE BEEN SIGNED MORE THAN SIX MONTHS PRIOR TO THE DISCLO-
SURE, MUST IDENTIFY THE RECIPIENT AND THE PURPOSE OF THE DISCLOSURE, AND
MUST STATE THAT THE INFORMATION WILL ONLY BE USED FOR THAT  PURPOSE  AND
WILL NOT BE USED OR DISCLOSED FOR ANY OTHER PURPOSE.
  3. DATA REPOSITORIES AND INFORMATION PRACTICES.
  (A)  THE DEPARTMENT AND DISTRICT BOARDS OF EDUCATION MAY NOT, DIRECTLY
OR THROUGH CONTRACTS WITH OUTSIDE PARTIES, MAINTAIN PERSONALLY IDENTIFI-
ABLE INFORMATION FROM EDUCATION RECORDS WITHOUT THE WRITTEN  CONSENT  OF
ELIGIBLE STUDENTS OR PARENTS UNLESS MAINTENANCE OF SUCH INFORMATION IS:
  (1) EXPLICITLY MANDATED IN FEDERAL OR STATE STATUTE; OR
  (2)  ADMINISTRATIVELY  REQUIRED  FOR  THE  PROPER PERFORMANCE OF THEIR
DUTIES UNDER THE LAW AND IS RELEVANT TO AND NECESSARY  FOR  DELIVERY  OF
SERVICES; OR
  (3)  DESIGNED  TO  SUPPORT  A  STUDY  OF  STUDENTS OR FORMER STUDENTS,
PROVIDED THAT NO PERSONALLY  IDENTIFIABLE  INFORMATION  IS  RETAINED  ON
FORMER  STUDENTS  LONGER  THAN  FIVE  YEARS AFTER THE DATE OF THEIR LAST
ENROLLMENT AT AN INSTITUTION.
  (B) THE DEPARTMENT AND DISTRICT BOARDS OF EDUCATION SHALL PUBLICLY AND
CONSPICUOUSLY DISCLOSE ON THEIR WEB SITES AND THROUGH ANNUAL  ELECTRONIC
NOTIFICATION  TO THE CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION COMMIT-
TEES THE EXISTENCE AND CHARACTER OF ANY PERSONALLY IDENTIFIABLE INFORMA-
TION FROM EDUCATION RECORDS THAT THEY,  DIRECTLY  OR  THROUGH  CONTRACTS
WITH  OUTSIDE PARTIES, MAINTAIN. SUCH DISCLOSURE AND NOTIFICATIONS SHALL
INCLUDE:
  (1) THE NAME AND LOCATION OF THE DATA REPOSITORY WHERE  SUCH  INFORMA-
TION IS MAINTAINED;
  (2)  THE LEGAL AUTHORITY WHICH AUTHORIZES THE ESTABLISHMENT AND EXIST-
ENCE OF THE DATA REPOSITORY;

S. 5932                             4

  (3) THE PRINCIPAL PURPOSE OR PURPOSES FOR  WHICH  THE  INFORMATION  IS
INTENDED TO BE USED;
  (4)  THE  CATEGORIES  OF INDIVIDUALS ON WHOM RECORDS ARE MAINTAINED IN
THE DATA REPOSITORY;
  (5) THE CATEGORIES OF RECORDS MAINTAINED IN THE DATA REPOSITORY;
  (6) EACH EXPECTED DISCLOSURE OF THE  RECORDS  CONTAINED  IN  THE  DATA
REPOSITORY,  INCLUDING  THE  CATEGORIES OF RECIPIENTS AND THE PURPOSE OF
SUCH DISCLOSURE;
  (7) THE POLICIES AND PRACTICES  OF  THE  DEPARTMENT  OR  THE  DISTRICT
BOARDS  OF EDUCATION REGARDING STORAGE, RETRIEVABILITY, ACCESS CONTROLS,
RETENTION, AND DISPOSAL OF THE RECORDS;
  (8) THE TITLE AND BUSINESS ADDRESS OF THE DEPARTMENT OR DISTRICT BOARD
OF EDUCATION OFFICIAL WHO IS RESPONSIBLE FOR THE  DATA  REPOSITORY,  AND
THE  NAME  AND BUSINESS ADDRESS OF ANY CONTRACTOR OR OTHER OUTSIDE PARTY
MAINTAINING THE DATA REPOSITORY FOR OR ON BEHALF OF  THE  DEPARTMENT  OR
THE DISTRICT BOARD OF EDUCATION;
  (9)  THE  PROCEDURES WHEREBY ELIGIBLE STUDENTS OR PARENTS CAN BE NOTI-
FIED AT THEIR REQUEST IF THE DATA REPOSITORY CONTAINS A RECORD  PERTAIN-
ING TO THEM OR THEIR CHILDREN;
  (10)  THE PROCEDURES WHEREBY ELIGIBLE STUDENTS OR PARENTS CAN BE NOTI-
FIED AT THEIR REQUEST HOW TO GAIN ACCESS TO  ANY  RECORD  PERTAINING  TO
THEM  OR  THEIR  CHILDREN CONTAINED IN THE DATA REPOSITORY, AND HOW THEY
CAN CONTEST ITS CONTENT; AND
  (11) THE CATEGORIES OF SOURCES OF RECORDS IN THE DATA REPOSITORY;
  (C) THE DEPARTMENT, DISTRICT BOARDS OF EDUCATION, AND INSTITUTIONS MAY
NOT APPEND EDUCATION RECORDS WITH  PERSONALLY  IDENTIFIABLE  INFORMATION
OBTAINED FROM OTHER FEDERAL OR STATE AGENCIES THROUGH DATA MATCHES WITH-
OUT THE WRITTEN CONSENT OF ELIGIBLE STUDENTS OR PARENTS UNLESS SUCH DATA
MATCHES ARE: (1) EXPLICITLY MANDATED IN FEDERAL OR STATE STATUTE; OR (2)
ADMINISTRATIVELY  REQUIRED  FOR  THE  PROPER PERFORMANCE OF THEIR DUTIES
UNDER THE LAW  AND  ARE  RELEVANT  TO  AND  NECESSARY  FOR  DELIVERY  OF
SERVICES.
  4.  PENALTIES  AND ENFORCEMENT. (A) EACH VIOLATION OF ANY PROVISION OF
THIS SECTION BY AN ORGANIZATION OR ENTITY THAT IS NOT THE DEPARTMENT,  A
DISTRICT  BOARD  OF EDUCATION, OR AN INSTITUTION AS DEFINED IN PARAGRAPH
(B) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISHABLE  BY  A  CIVIL
PENALTY  OF  UP  TO ONE THOUSAND DOLLARS; A SECOND VIOLATION BY THE SAME
ORGANIZATION OR ENTITY INVOLVING THE EDUCATIONAL RECORDS AND PRIVACY  OF
THE  SAME  STUDENT  SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO FIVE
THOUSAND DOLLARS; ANY SUBSEQUENT VIOLATION BY THE SAME  ORGANIZATION  OR
ENTITY INVOLVING THE EDUCATIONAL RECORDS AND PRIVACY OF THE SAME STUDENT
SHALL  BE  PUNISHABLE  BY A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS;
AND EACH VIOLATION INVOLVING A DIFFERENT INDIVIDUAL  EDUCATIONAL  RECORD
OR  A  DIFFERENT  INDIVIDUAL  STUDENT  SHALL  BE  CONSIDERED  A SEPARATE
VIOLATION FOR PURPOSES OF CIVIL PENALTIES;
  (B) THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO  ENFORCE  COMPLI-
ANCE WITH THIS SECTION BY INVESTIGATION AND SUBSEQUENT COMMENCEMENT OF A
CIVIL  ACTION,  TO  SEEK CIVIL PENALTIES FOR VIOLATIONS OF THIS SECTION,
AND TO SEEK APPROPRIATE INJUNCTIVE RELIEF, INCLUDING BUT NOT LIMITED  TO
A  PROHIBITION  ON  OBTAINING PERSONALLY IDENTIFIABLE INFORMATION FOR AN
APPROPRIATE TIME PERIOD. IN CARRYING OUT SUCH INVESTIGATION AND IN MAIN-
TAINING SUCH CIVIL ACTION THE ATTORNEY GENERAL OR ANY DEPUTY OR  ASSIST-
ANT  ATTORNEY  GENERAL IS AUTHORIZED TO SUBPOENA WITNESSES, COMPEL THEIR
ATTENDANCE, EXAMINE THEM UNDER OATH AND REQUIRE THAT ANY BOOKS, RECORDS,
DOCUMENTS, PAPERS, OR ELECTRONIC RECORDS RELEVANT  OR  MATERIAL  TO  THE
INQUIRY BE TURNED OVER FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO

S. 5932                             5

THE  CIVIL  PRACTICE  LAW  AND  RULES; SUBPOENAS ISSUED PURSUANT TO THIS
PARAGRAPH MAY BE ENFORCED PURSUANT TO THE CIVIL PRACTICE LAW AND RULES.
  (C)  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CREATING A PRIVATE
RIGHT OF ACTION AGAINST THE DEPARTMENT, A DISTRICT BOARD  OF  EDUCATION,
OR AN INSTITUTION AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION.
  5.  ADMINISTRATIVE USE. NOTHING IN THIS SECTION SHALL LIMIT THE ADMIN-
ISTRATIVE USE OF EDUCATION RECORDS BY A PERSON ACTING EXCLUSIVELY IN THE
PERSON'S CAPACITY AS AN EMPLOYEE OF A SCHOOL, A DISTRICT BOARD OF EDUCA-
TION OR OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, ANY COURT  OR
THE FEDERAL GOVERNMENT THAT IS OTHERWISE REQUIRED BY LAW.
  S 2. This act shall take effect July 1, 2014 and shall apply to school
years beginning with the 2014-2015 academic year.

Co-Sponsors

view additional co-sponsors

S5932A (ACTIVE) - Bill Details

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

S5932A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5932A

TITLE OF BILL: An act to amend the education law, in relation to the
release of personally identifiable student information

PURPOSE:

This bill would protect student privacy by prohibiting the release of
personally identifiable information about individual students to
certain third parties unless there is parental consent, or a student
who is 18 or older consents, or unless certain exceptions apply.

SUMMARY OF PROVISIONS:

Section one of the bill creates a new section 3212-b of the Education
Law entitled 'Release of personally identifiable student information."
Subdivision one defines several terms as they are defined in the
federal regulations that relate to privacy of student records (34
C.F.R. 99.3, the FERPA regulations), and also defines the term
institution. Subdivision 2 sets out the limits on access to, or
disclosure of, personally identifiable information; it deals
specifically with limits on disclosure to contractors and consultants,
as well as disclosure for purposes of academic studies, and prohibits
disclosure for commercial use. Subdivision 3 sets out data integrity
practices. Subdivision 4 provides for civil penalties and enforcement.
The A-print rewrites the original bill without changing its purpose;
the changes are designed to strengthen the bill and its protection of
children's privacy.

JUSTIFICATION:

New York and several other states have recently agreed to share
confidential student information with corporate entities related to
the Gates Foundation and the News Corporation. The shared data will
include children's personal information, including name, address, test
scores, disciplinary and attendance records, race, ethnicity,
disabilities, and other highly sensitive information. The data will be
used for various purposes and will be made available to commercial
vendors to help them develop and market their learning products.

Neither parents nor students control the sharing of this sensitive
personal data shared with corporate entities, one of which is a
subsidiary of the News Corporation. It is critical that there be
safeguards on the release of sensitive and personal information about
students, and that parental or student consent should be part of any
process of releasing personally identifiable student information to
third parties. This legislation would establish procedures and
standards that provide for consent and appropriate safeguards.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.


EFFECTIVE DATE:

This act shall take effect on July 1, 2015.

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                    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

S. 5932--A                          2

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
STUDENTS OR PARENTS TO A CONTRACTOR, CONSULTANT, OR OTHER PARTY TO  WHOM
AN  AGENCY OR INSTITUTION HAS OUTSOURCED INSTITUTIONAL SERVICES OR FUNC-
TIONS UNLESS THAT OUTSIDE PARTY:
  (1) PERFORMS AN  INSTITUTIONAL  SERVICE  OR  FUNCTION  FOR  WHICH  THE
DEPARTMENT,  DISTRICT BOARD OF EDUCATION, OR INSTITUTION WOULD OTHERWISE
USE EMPLOYEES;
  (2) IS UNDER THE DIRECT CONTROL OF  THE  AGENCY  OR  INSTITUTION  WITH
RESPECT TO THE USE AND MAINTENANCE OF EDUCATION RECORDS;
  (3)  LIMITS  INTERNAL ACCESS TO EDUCATION RECORDS TO THOSE INDIVIDUALS
THAT ARE DETERMINED TO HAVE LEGITIMATE EDUCATIONAL INTERESTS;
  (4) DOES NOT USE THE EDUCATION RECORDS FOR  ANY  OTHER  PURPOSES  THAN
THOSE EXPLICITLY AUTHORIZED IN ITS CONTRACT;
  (5)  DOES  NOT DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY
OTHER PARTY:
  (I) WITHOUT THE PRIOR  WRITTEN  CONSENT  OF  THE  PARENT  OR  ELIGIBLE
STUDENT, OR
  (II)  UNLESS REQUIRED BY STATUTE OR COURT ORDER AND THE PARTY PROVIDES
A NOTICE OF THE DISCLOSURE TO THE DEPARTMENT, DISTRICT BOARD  OF  EDUCA-
TION,  OR  INSTITUTION  THAT  PROVIDED THE INFORMATION NO LATER THAN THE
TIME THE INFORMATION  IS  DISCLOSED,  UNLESS  PROVIDING  NOTICE  OF  THE
DISCLOSURE IS EXPRESSLY PROHIBITED BY THE STATUTE OR COURT ORDER;
  (6)  MAINTAINS REASONABLE ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFE-
GUARDS  TO  PROTECT  THE  SECURITY,  CONFIDENTIALITY  AND  INTEGRITY  OF
PERSONALLY IDENTIFIABLE STUDENT INFORMATION IN ITS CUSTODY;
  (7) USES ENCRYPTION TECHNOLOGIES TO PROTECT DATA WHILE IN MOTION OR IN
ITS CUSTODY FROM UNAUTHORIZED DISCLOSURE USING A TECHNOLOGY OR METHODOL-
OGY  SPECIFIED  BY  THE  SECRETARY  OF THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES IN GUIDANCE ISSUED UNDER SECTION  13402(H)(2)  OF  PUBLIC
LAW 111-5;
  (8)  HAS SUFFICIENT ADMINISTRATIVE AND TECHNICAL PROCEDURES TO MONITOR
CONTINUOUSLY THE SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION IN  ITS
CUSTODY;
  (9)  CONDUCTS  A  SECURITY  AUDIT ANNUALLY AND PROVIDES THE RESULTS OF
THAT AUDIT TO EACH DEPARTMENT, DISTRICT BOARD OF EDUCATION, OR  INSTITU-
TION THAT PROVIDED EDUCATIONAL RECORDS;
  (10) PROVIDES THE DEPARTMENT, DISTRICT BOARD OF EDUCATION, OR INSTITU-
TION  WITH  A  BREACH  REMEDIATION  PLAN  ACCEPTABLE  TO THE DEPARTMENT,
DISTRICT BOARD OF EDUCATION OR INSTITUTION PRIOR TO INITIAL  RECEIPT  OF
EDUCATION RECORDS;
  (11)  REPORTS  ALL  SUSPECTED  SECURITY  BREACHES  TO  THE DEPARTMENT,
DISTRICT BOARDS OF EDUCATION, OR  INSTITUTION  THAT  PROVIDED  EDUCATION
RECORDS AS SOON AS POSSIBLE BUT NOT LATER THAN FORTY-EIGHT HOURS AFTER A
SUSPECTED  BREACH  WAS  KNOWN  OR  WOULD  HAVE  BEEN KNOWN BY EXERCISING
REASONABLE DILIGENCE;
  (12) REPORTS ALL ACTUAL SECURITY BREACHES TO THE DEPARTMENT,  DISTRICT
BOARDS  OF  EDUCATION, OR INSTITUTION THAT PROVIDED EDUCATION RECORDS AS
SOON AS POSSIBLE BUT NOT LATER THAN TWENTY-FOUR HOURS  AFTER  AN  ACTUAL
BREACH WAS KNOWN OR WOULD HAVE BEEN KNOWN BY EXERCISING REASONABLE DILI-
GENCE;
  (13)  IN THE EVENT OF A SECURITY BREACH OR UNAUTHORIZED DISCLOSURES OF
PERSONALLY IDENTIFIABLE INFORMATION,  PAYS  ALL  COSTS  AND  LIABILITIES

S. 5932--A                          3

INCURRED  BY  THE  DEPARTMENT,  DISTRICT  BOARDS OF EDUCATION, OR INSTI-
TUTIONS RELATED TO  THE  SECURITY  BREACH  OR  UNAUTHORIZED  DISCLOSURE,
INCLUDING  BUT NOT LIMITED TO THE COSTS OF RESPONDING TO INQUIRIES ABOUT
THE SECURITY BREACH OR UNAUTHORIZED DISCLOSURE, OF NOTIFYING SUBJECTS OF
PERSONALLY  IDENTIFIABLE INFORMATION ABOUT THE BREACH, OF MITIGATING THE
EFFECTS OF THE BREACH FOR THE SUBJECTS OF PERSONALLY IDENTIFIABLE INFOR-
MATION, AND OF INVESTIGATING THE CAUSE OR CONSEQUENCES OF  THE  SECURITY
BREACH OR UNAUTHORIZED DISCLOSURE; AND
  (14)  DESTROYS OR RETURNS TO THE DEPARTMENT, DISTRICT BOARDS OF EDUCA-
TION, OR INSTITUTIONS ALL PERSONALLY  IDENTIFIABLE  INFORMATION  IN  ITS
CUSTODY UPON REQUEST AND AT THE TERMINATION OF THE CONTRACT.
  (C)  STUDIES.  THE DEPARTMENT, DISTRICT BOARDS OF EDUCATION, OR INSTI-
TUTIONS MAY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION FROM AN  EDUCA-
TION  RECORD  OF  A  STUDENT WITHOUT THE CONSENT OF ELIGIBLE STUDENTS OR
PARENTS TO A PARTY CONDUCTING STUDIES FOR, OR ON BEHALF OF,  EDUCATIONAL
AGENCIES OR INSTITUTIONS TO:
  (1) DEVELOP, VALIDATE, OR ADMINISTER PREDICTIVE TESTS;
  (2) ADMINISTER STUDENT AID PROGRAMS; OR
  (3) IMPROVE INSTRUCTION;
  PROVIDED  THAT THE OUTSIDE PARTY CONDUCTING THE STUDY MEETS ALL OF THE
REQUIREMENTS FOR CONTRACTORS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVI-
SION;
  (D) COMMERCIAL USE PROHIBITED.  THE  DEPARTMENT,  DISTRICT  BOARDS  OF
EDUCATION  AND  INSTITUTIONS  MAY  NOT,  WITHOUT  THE WRITTEN CONSENT OF
ELIGIBLE STUDENTS OR PARENTS, DISCLOSE PERSONALLY IDENTIFIABLE  INFORMA-
TION FROM EDUCATION RECORDS TO ANY PARTY FOR A COMMERCIAL USE, INCLUDING
BUT  NOT LIMITED TO MARKETING PRODUCTS OR SERVICES, COMPILATION OF LISTS
FOR SALE OR RENTAL, DEVELOPMENT OF PRODUCTS OR SERVICES, OR CREATION  OF
INDIVIDUAL,  HOUSEHOLD,  OR  GROUP  PROFILES; NOR MAY SUCH DISCLOSURE BE
MADE FOR PROVISION OF SERVICES  OTHER  THAN  CONTRACTING,  STUDIES,  AND
AUDITS  OR  EVALUATIONS  AS AUTHORIZED AND LIMITED BY PARAGRAPHS (B) AND
(C) OF THIS SUBDIVISION.  ANY CONSENT FROM AN ELIGIBLE STUDENT OR PARENT
MUST BE SIGNED BY THE STUDENT OR PARENT, BE DATED  ON  THE  DAY  IT  WAS
SIGNED,  NOT  HAVE BEEN SIGNED MORE THAN SIX MONTHS PRIOR TO THE DISCLO-
SURE, MUST IDENTIFY THE RECIPIENT AND THE PURPOSE OF THE DISCLOSURE, AND
MUST STATE THAT THE INFORMATION WILL ONLY BE USED FOR THAT  PURPOSE  AND
WILL NOT BE USED OR DISCLOSED FOR ANY OTHER PURPOSE.
  3. DATA REPOSITORIES AND INFORMATION PRACTICES.
  (A)  THE DEPARTMENT AND DISTRICT BOARDS OF EDUCATION MAY NOT, DIRECTLY
OR THROUGH CONTRACTS WITH OUTSIDE PARTIES, MAINTAIN PERSONALLY IDENTIFI-
ABLE INFORMATION FROM EDUCATION RECORDS WITHOUT THE WRITTEN  CONSENT  OF
ELIGIBLE STUDENTS OR PARENTS UNLESS MAINTENANCE OF SUCH INFORMATION IS:
  (1) EXPLICITLY MANDATED IN FEDERAL OR STATE STATUTE; OR
  (2)  ADMINISTRATIVELY  REQUIRED  FOR  THE  PROPER PERFORMANCE OF THEIR
DUTIES UNDER THE LAW AND IS RELEVANT TO AND NECESSARY  FOR  DELIVERY  OF
SERVICES; OR
  (3)  DESIGNED  TO  SUPPORT  A  STUDY  OF  STUDENTS OR FORMER STUDENTS,
PROVIDED THAT NO PERSONALLY  IDENTIFIABLE  INFORMATION  IS  RETAINED  ON
FORMER  STUDENTS  LONGER  THAN  FIVE  YEARS AFTER THE DATE OF THEIR LAST
ENROLLMENT AT AN INSTITUTION.
  (B) THE DEPARTMENT AND DISTRICT BOARDS OF EDUCATION SHALL PUBLICLY AND
CONSPICUOUSLY DISCLOSE ON THEIR WEB SITES AND THROUGH ANNUAL  ELECTRONIC
NOTIFICATION  TO THE CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION COMMIT-
TEES THE EXISTENCE AND CHARACTER OF ANY PERSONALLY IDENTIFIABLE INFORMA-
TION FROM EDUCATION RECORDS THAT THEY,  DIRECTLY  OR  THROUGH  CONTRACTS

S. 5932--A                          4

WITH  OUTSIDE PARTIES, MAINTAIN. SUCH DISCLOSURE AND NOTIFICATIONS SHALL
INCLUDE:
  (1)  THE  NAME AND LOCATION OF THE DATA REPOSITORY WHERE SUCH INFORMA-
TION IS MAINTAINED;
  (2) THE LEGAL AUTHORITY WHICH AUTHORIZES THE ESTABLISHMENT AND  EXIST-
ENCE OF THE DATA REPOSITORY;
  (3)  THE  PRINCIPAL  PURPOSE  OR PURPOSES FOR WHICH THE INFORMATION IS
INTENDED TO BE USED;
  (4) THE CATEGORIES OF INDIVIDUALS ON WHOM RECORDS  ARE  MAINTAINED  IN
THE DATA REPOSITORY;
  (5) THE CATEGORIES OF RECORDS MAINTAINED IN THE DATA REPOSITORY;
  (6)  EACH  EXPECTED  DISCLOSURE  OF  THE RECORDS CONTAINED IN THE DATA
REPOSITORY, INCLUDING THE CATEGORIES OF RECIPIENTS AND  THE  PURPOSE  OF
SUCH DISCLOSURE;
  (7)  THE  POLICIES  AND  PRACTICES  OF  THE DEPARTMENT OR THE DISTRICT
BOARDS OF EDUCATION REGARDING STORAGE, RETRIEVABILITY, ACCESS  CONTROLS,
RETENTION, AND DISPOSAL OF THE RECORDS;
  (8) THE TITLE AND BUSINESS ADDRESS OF THE DEPARTMENT OR DISTRICT BOARD
OF  EDUCATION  OFFICIAL  WHO IS RESPONSIBLE FOR THE DATA REPOSITORY, AND
THE NAME AND BUSINESS ADDRESS OF ANY CONTRACTOR OR OTHER  OUTSIDE  PARTY
MAINTAINING  THE  DATA  REPOSITORY FOR OR ON BEHALF OF THE DEPARTMENT OR
THE DISTRICT BOARD OF EDUCATION;
  (9) THE PROCEDURES WHEREBY ELIGIBLE STUDENTS OR PARENTS CAN  BE  NOTI-
FIED  AT THEIR REQUEST IF THE DATA REPOSITORY CONTAINS A RECORD PERTAIN-
ING TO THEM OR THEIR CHILDREN;
  (10) THE PROCEDURES WHEREBY ELIGIBLE STUDENTS OR PARENTS CAN BE  NOTI-
FIED  AT  THEIR  REQUEST  HOW TO GAIN ACCESS TO ANY RECORD PERTAINING TO
THEM OR THEIR CHILDREN CONTAINED IN THE DATA REPOSITORY,  AND  HOW  THEY
CAN CONTEST ITS CONTENT; AND
  (11) THE CATEGORIES OF SOURCES OF RECORDS IN THE DATA REPOSITORY;
  (C) THE DEPARTMENT, DISTRICT BOARDS OF EDUCATION, AND INSTITUTIONS MAY
NOT  APPEND  EDUCATION  RECORDS WITH PERSONALLY IDENTIFIABLE INFORMATION
OBTAINED FROM OTHER FEDERAL OR STATE AGENCIES THROUGH DATA MATCHES WITH-
OUT THE WRITTEN CONSENT OF ELIGIBLE STUDENTS OR PARENTS UNLESS SUCH DATA
MATCHES ARE: (1) EXPLICITLY MANDATED IN FEDERAL OR STATE STATUTE; OR (2)
ADMINISTRATIVELY REQUIRED FOR THE PROPER  PERFORMANCE  OF  THEIR  DUTIES
UNDER  THE  LAW  AND  ARE  RELEVANT  TO  AND  NECESSARY  FOR DELIVERY OF
SERVICES.
  4. PENALTIES AND ENFORCEMENT. (A) EACH VIOLATION OF ANY  PROVISION  OF
THIS  SECTION BY AN ORGANIZATION OR ENTITY THAT IS NOT THE DEPARTMENT, A
DISTRICT BOARD OF EDUCATION, OR AN INSTITUTION AS DEFINED  IN  PARAGRAPH
(B)  OF  SUBDIVISION  ONE OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL
PENALTY OF UP TO ONE THOUSAND DOLLARS; A SECOND VIOLATION  BY  THE  SAME
ORGANIZATION  OR ENTITY INVOLVING THE EDUCATIONAL RECORDS AND PRIVACY OF
THE SAME STUDENT SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  FIVE
THOUSAND  DOLLARS;  ANY SUBSEQUENT VIOLATION BY THE SAME ORGANIZATION OR
ENTITY INVOLVING THE EDUCATIONAL RECORDS AND PRIVACY OF THE SAME STUDENT
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF UP TO  TEN  THOUSAND  DOLLARS;
AND  EACH  VIOLATION INVOLVING A DIFFERENT INDIVIDUAL EDUCATIONAL RECORD
OR A  DIFFERENT  INDIVIDUAL  STUDENT  SHALL  BE  CONSIDERED  A  SEPARATE
VIOLATION FOR PURPOSES OF CIVIL PENALTIES;
  (B)  THE  ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO ENFORCE COMPLI-
ANCE WITH THIS SECTION BY INVESTIGATION AND SUBSEQUENT COMMENCEMENT OF A
CIVIL ACTION, TO SEEK CIVIL PENALTIES FOR VIOLATIONS  OF  THIS  SECTION,
AND  TO SEEK APPROPRIATE INJUNCTIVE RELIEF, INCLUDING BUT NOT LIMITED TO
A PROHIBITION ON OBTAINING PERSONALLY IDENTIFIABLE  INFORMATION  FOR  AN

S. 5932--A                          5

APPROPRIATE TIME PERIOD. IN CARRYING OUT SUCH INVESTIGATION AND IN MAIN-
TAINING  SUCH CIVIL ACTION THE ATTORNEY GENERAL OR ANY DEPUTY OR ASSIST-
ANT ATTORNEY GENERAL IS AUTHORIZED TO SUBPOENA WITNESSES,  COMPEL  THEIR
ATTENDANCE, EXAMINE THEM UNDER OATH AND REQUIRE THAT ANY BOOKS, RECORDS,
DOCUMENTS,  PAPERS,  OR  ELECTRONIC  RECORDS RELEVANT OR MATERIAL TO THE
INQUIRY BE TURNED OVER FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO
THE CIVIL PRACTICE LAW AND RULES;  SUBPOENAS  ISSUED  PURSUANT  TO  THIS
PARAGRAPH MAY BE ENFORCED PURSUANT TO THE CIVIL PRACTICE LAW AND RULES.
  (C)  NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CREATING A PRIVATE
RIGHT OF ACTION AGAINST THE DEPARTMENT, A DISTRICT BOARD  OF  EDUCATION,
OR AN INSTITUTION AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
SECTION.
  5.  ADMINISTRATIVE USE. NOTHING IN THIS SECTION SHALL LIMIT THE ADMIN-
ISTRATIVE USE OF EDUCATION RECORDS BY A PERSON ACTING EXCLUSIVELY IN THE
PERSON'S CAPACITY AS AN EMPLOYEE OF A SCHOOL, A DISTRICT BOARD OF EDUCA-
TION OR OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, ANY COURT  OR
THE FEDERAL GOVERNMENT THAT IS OTHERWISE REQUIRED BY LAW.
  S 2. This act shall take effect July 1, 2015 and shall apply to school
years beginning with the 2015-2016 academic year.

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