assembly Bill A8353

2013-2014 Legislative Session

Establishes penalties for the unauthorized release of personally identifiable information from student records and certain records of classroom teachers and building principals

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Archive: Last Bill Status - In Assembly 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
Jan 09, 2014 referred to education

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A8353 (ACTIVE) - Details

See Senate Version of this Bill:
S6007
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L; amd §§156.00, 156.30 & 165.45, Pen L

A8353 (ACTIVE) - Summary

Establishes penalties for the unauthorized release of personally identifiable information from student records and certain records of classroom teachers and building principals.

A8353 (ACTIVE) - Bill Text download pdf

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

                                  8353

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law and the  penal  law,  in  relation  to
  establishing  penalties  for  the  unauthorized  release of personally
  identifiable information from student records and certain  records  of
  classroom teachers and building principals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 44 to read as follows:
  44. UNAUTHORIZED RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION.
  A. AS USED IN THIS SUBDIVISION THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (1)  "BUILDING PRINCIPAL" MEANS A BUILDING PRINCIPAL SUBJECT TO ANNUAL
PERFORMANCE EVALUATION REVIEW UNDER  THE  PROVISIONS  OF  SECTION  THREE
THOUSAND TWELVE-C OF THIS CHAPTER.
  (2)  "CLASSROOM TEACHER" MEANS A TEACHER SUBJECT TO ANNUAL PERFORMANCE
EVALUATION  REVIEW  UNDER  THE  PROVISIONS  OF  SECTION  THREE  THOUSAND
TWELVE-C OF THIS CHAPTER.
  (3) "EDUCATIONAL AGENCY" MEANS A SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES,  SCHOOL,  INSTITUTION  OF HIGHER EDUCATION OR THE
EDUCATION DEPARTMENT.
  (4) "INSTITUTION OF HIGHER EDUCATION" MEANS AN ENTITY WITH A CAMPUS IN
NEW YORK THAT PROVIDES HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT
OF SECTION TWO OF THIS TITLE, THAT IS SUBJECT TO THE REQUIREMENTS OF THE
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, SECTION TWELVE HUNDRED  THIR-
TY-TWO-G OF TITLE TWENTY OF THE UNITED STATES CODE.
  (5) "PERSONALLY IDENTIFIABLE INFORMATION", AS APPLIED TO STUDENT DATA,
MEANS  PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SECTION 99.3 OF
TITLE THIRTY-FOUR OF THE CODE OF FEDERAL  REGULATIONS  IMPLEMENTING  THE
FAMILY  EDUCATIONAL RIGHTS AND PRIVACY ACT, SECTION TWELVE HUNDRED THIR-
TY-TWO-G OF TITLE TWENTY OF THE UNITED STATES CODE, AND, AS  APPLIED  TO
TEACHER OR PRINCIPAL DATA, MEANS "PERSONALLY IDENTIFYING INFORMATION" AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13221-04-4

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