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Assembly Bill A6116

2015-2016 Legislative Session

Relates to data sharing between the office of children and family services and the department of education

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2015-A6116 (ACTIVE) - Details

Law Section:
Social Services Law
Laws Affected:
Add ยง393, Soc Serv L

2015-A6116 (ACTIVE) - Summary

Relates to data sharing between the office of children and family services and the department of education.

2015-A6116 (ACTIVE) - Bill Text download pdf 

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

                                  6116

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Children and Families

AN ACT to amend the social services law, in  relation  to  data  sharing
  between  the office of children and family services and the department
  of education

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

  Section  1. The social services law is amended by adding a new section
393 to read as follows:
  S 393. DATA SHARING. 1. THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
THE DEPARTMENT OF EDUCATION SHALL ENTER INTO  A  WRITTEN  MEMORANDUM  OF
UNDERSTANDING  PROVIDING FOR THE DATA SHARING OF INFORMATION RELATING TO
THE ENROLLMENT OF STUDENTS IN THE PUBLIC SCHOOL SYSTEM AND THEIR  PLACE-
MENTS IN THE FOSTER CARE OR JUVENILE JUSTICE SYSTEMS.
  2.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES AND THE DEPARTMENT OF
EDUCATION WILL: (A) ENSURE THAT ALL  DATA  COLLECTED,  MANAGED,  STORED,
TRANSMITTED,  USED,  REPORTED,  AND  DESTROYED  IS  DONE  SO IN A WAY TO
PRESERVE AND PROTECT INDIVIDUAL AND COLLECTIVE PRIVACY RIGHTS AND ENSURE
CONFIDENTIALITY AND SECURITY OF COLLECTED DATA; (B) MAINTAIN  COMPLIANCE
WITH  THE  FAMILY  EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA), 20 U.S.C.
SECTION 1232G, AT A MINIMUM; AND (C) BE MINDFUL THAT THE APPROPRIATE USE
OF DATA IS ESSENTIAL  TO  ACCELERATING  STUDENT  LEARNING,  PROGRAM  AND
FINANCIAL EFFECTIVENESS AND EFFICIENCY, AND POLICY DEVELOPMENT.
  3.  THE  DEPARTMENT  OF EDUCATION SHALL NOT COLLECT INDIVIDUAL STUDENT
DATA DIRECTLY FROM STUDENTS OR FAMILIES. EACH STUDENT WILL BE ASSIGNED A
UNIQUE STUDENT IDENTIFIER UPON ENROLLMENT INTO  THE  STUDENT  MANAGEMENT
SYSTEM  TO  ENSURE COMPLIANCE WITH THE PRIVACY RIGHTS OF THE STUDENT AND
HIS OR HER PARENTS OR GUARDIANS.
  4. DATA COLLECTED BY THE DEPARTMENT OF EDUCATION  MUST  BE  MAINTAINED
WITHIN  A SECURE INFRASTRUCTURE ENVIRONMENT. ACCESS TO THIS DATA MUST BE
LIMITED TO PREIDENTIFIED STAFF WHO  ARE  GRANTED  CLEARANCE  RELATED  TO
THEIR JOB RESPONSIBILITIES OF FEDERAL REPORTING, STATE FINANCIAL MANAGE-
MENT, PROGRAM ASSESSMENT, AND POLICY DEVELOPMENT.
  S 2. This act shall take effect immediately.

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