The New York State Senate

                    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.