The New York State Senate

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

                                10487--A

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  education  law, in relation to the unauthorized
  release of personally identifiable information relating to students

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

  Section  1.  Subdivision  1  of  section  2-d  of the education law is
amended by adding a new paragraph 1 to read as follows:
  1. "DIRECTORY INFORMATION" SHALL HAVE THE SAME MEANING 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  THIRTY-TWO-G OF TITLE TWENTY OF THE UNITED STATES CODE.
"DISCLOSABLE DIRECTORY INFORMATION" MEANS WITH RESPECT TO A STUDENT, THE
STUDENT'S NAME; PHOTOGRAPH; AGE; GRADE LEVEL; ENROLLMENT  STATUS;  DATES
OF  ATTENDANCE;  PARTICIPATION  IN  OFFICIALLY RECOGNIZED ACTIVITIES AND
SPORTS; WEIGHT AND HEIGHT OF MEMBERS OF ATHLETIC TEAMS; DEGREES,  HONORS
AND  AWARDS RECEIVED; AND THE MOST RECENT EDUCATIONAL AGENCY OR INSTITU-
TION ATTENDED.
  S 2. Subdivision 3 of section 2-d of the education law is  amended  by
adding a new paragraph e to read as follows:
  E. WITHIN THE FIRST MONTH OF EACH SCHOOL YEAR, EACH EDUCATIONAL AGENCY
SHALL PUBLICLY ISSUE A NOTICE, INCLUDE IN THE STUDENT HANDBOOK IF APPLI-
CABLE,  AND  SEND  HOME  WITH EVERY STUDENT, INFORMATION STIPULATING THE
DISCLOSURE PROCEDURES FOR PERSONALLY IDENTIFIABLE INFORMATION.
  (1) THE NOTICE REQUIRED UNDER THIS PARAGRAPH SHALL INCLUDE:
  (I) A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE INFORMATION THAT  THE
EDUCATIONAL AGENCY EXPECTS TO DISCLOSE DURING THE SCHOOL YEAR;
  (II)  THE  PROCEDURE THAT A PARENT OF A STUDENT OR AN ELIGIBLE STUDENT
CAN FOLLOW TO PROHIBIT THE EDUCATIONAL AGENCY FROM  DISSEMINATING  DISC-
LOSABLE DIRECTORY INFORMATION; AND
  (III)  THE PROCEDURE THAT A PARENT OF A STUDENT OR AN ELIGIBLE STUDENT
CAN  FOLLOW  TO  PROHIBIT  THE  EDUCATIONAL  AGENCY  FROM  DISSEMINATING
PERSONALLY IDENTIFIABLE INFORMATION.

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

                                                           LBD15005-05-6

A. 10487--A                         2

  (2)  IF  THE SCHOOL DOES NOT RECEIVE AN OBJECTION FROM THE PARENT OF A
STUDENT OR THE ELIGIBLE STUDENT WITHIN THIRTY DAYS OF THE  DISSEMINATION
OF  THE  NOTICE REQUIRED TO BE PROVIDED UNDER THIS PARAGRAPH, THE EDUCA-
TIONAL AGENCY MAY DISSEMINATE DISCLOSABLE DIRECTORY INFORMATION RELATING
TO THE STUDENT.
  S 3. Paragraph f of subdivision 4 of section 2-d of the education law,
as  added by section 1 of subpart L of part AA of chapter 56 of the laws
of 2014, is amended to read as follows:
  f. Personally identifiable information maintained by educational agen-
cies, including data  provided  to  third-party  contractors  and  their
assignees,  shall  not be sold or used for marketing purposes, INCLUDING
BUT NOT LIMITED TO MARKETING PRODUCTS OR SERVICES;  SELLING  OR  RENTING
PERSONALLY  IDENTIFIABLE  INFORMATION  FOR  USE IN MARKETING PRODUCTS OR
SERVICES; CREATING, CORRECTING, OR UPDATING AN INDIVIDUAL  OR  HOUSEHOLD
PROFILE; COMPILATION OF A LIST OF STUDENTS; OR ANY OTHER PURPOSE CONSID-
ERED BY THE SCHOOL AS LIKELY TO BE A COMMERCIAL, FOR-PROFIT ACTIVITY.
  S  4.  Subdivision 7 of section 2-d of the education law is amended by
adding a new paragraph e to read as follows:
  E. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  THE  RELEASE  OF
PERSONALLY IDENTIFIABLE INFORMATION TO THE DEPARTMENT, THE UNITED STATES
MILITARY, OR ANY INSTITUTION OF HIGHER EDUCATION, ANY POLITICAL SUBDIVI-
SION  OR  FEDERAL  AGENCY  THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE
INFORMATION OR A SCHOOL DISTRICT OR SCHOOL THAT DEMONSTRATES  AN  APPRO-
PRIATE NEED FOR THE INFORMATION.
  S  5.  Section  2-d  of  the  education law is amended by adding a new
subdivision 8 to read as follows:
  8. DISCLOSURE. A. A SCHOOL MAY DISCLOSE DIRECTORY INFORMATION ABOUT  A
STUDENT ONLY:
  (1)  IF  THE  DISCLOSURE  DOES  NOT INCLUDE ANY INFORMATION OTHER THAN
DISCLOSABLE DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
  (2) AFTER GIVING THE PARENT OF THE STUDENT IN ATTENDANCE OR THE ELIGI-
BLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE  AND  AN  OPPORTUNITY  TO
OPT-OUT  OF THE DISCLOSURE IN ACCORDANCE WITH PARAGRAPH E OF SUBDIVISION
THREE OF THIS SECTION; AND
  (3) IF THE DISCLOSURE IS  TO  A  SCHOOL  NEWSPAPER,  LOCAL  NEWSPAPER,
SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, SCHOOL PHOTOGRAPHER, HONOR
ROLL  OR  OTHER  RECOGNITION  LIST,  GRADUATION  PROGRAM, SPORTS RELATED
PUBLICATION  WHICH  PROVIDES  SPECIFIC  INFORMATION   ABOUT   PARTICULAR
STUDENTS  FOR THE PURPOSES OF A SPECIFIC SPORTS ACTIVITY OR FUNCTION, OR
PARENT AND TEACHER ORGANIZATION; OR
  (4) IF THE DISCLOSURE IS TO ANY PARENT OF ANY STUDENT IN ATTENDANCE OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
  (5) IF THE DISCLOSURE IS TO ANY ORGANIZATION THE EDUCATION AGENCY  HAS
A WRITTEN AGREEMENT WITH TO PROVIDE SERVICES OR PRODUCTS. SUCH ORGANIZA-
TION  MAY UTILIZE DISCLOSABLE DIRECTORY INFORMATION AS SPECIFIED IN SUCH
WRITTEN AGREEMENT, AND, AS SPECIFIED  IN  SUCH  WRITTEN  AGREEMENT,  MAY
MARKET SUCH SERVICES AND PRODUCTS WITHIN THE SCHOOL COMMUNITY.
  B.  A  SCHOOL  MAY  DISCLOSE  PERSONALLY  IDENTIFIABLE  INFORMATION IN
ACCORDANCE WITH THE PROCEDURE PROVIDED IN  PARAGRAPH  E  OF  SUBDIVISION
THREE OF THIS SECTION, AFTER GIVING THE PARENT OF THE STUDENT IN ATTEND-
ANCE  OR THE ELIGIBLE STUDENT IN ATTENDANCE NOTICE AND AN OPPORTUNITY TO
PROHIBIT THE DISCLOSURE IN ACCORDANCE WITH PARAGRAPH  E  OF  SUBDIVISION
THREE OF THIS SECTION, IF:
  (1)  THE  DISCLOSURE  IS TO THE PARENT OF ANY STUDENT IN ATTENDANCE OR
ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR

A. 10487--A                         3

  (2) THE DISCLOSURE IS TO A NON-PROFIT ORGANIZATION THAT: (I) SEEKS THE
INFORMATION FOR A SPECIFIC PURPOSE DETERMINED BY THE SCHOOL TO BE  BENE-
FICIAL  TO  THE  STUDENT; (II) STATES IN WRITING THAT IT HAS NOT USED OR
DISCLOSED PERSONALLY IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL  IN  A
MANNER  INCONSISTENT  WITH  THE TERMS OF DISCLOSURE WITHIN THE PAST FIVE
YEARS; AND (III) AGREES IN WRITING TO USE THE INFORMATION ONLY FOR  THAT
PURPOSE  AND  TO  RETURN OR DESTROY THE INFORMATION WHEN THE PURPOSE HAS
BEEN FULFILLED OR WITHIN ONE YEAR AFTER RECEIPT, WHICHEVER COMES  FIRST;
AND
  (3) THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS USED OR
DISCLOSED  PERSONALLY  IDENTIFIABLE  INFORMATION  FROM  ANY  SCHOOL IN A
MANNER INCONSISTENT WITH THE TERMS OF THE  DISCLOSURE  WITHIN  THE  PAST
FIVE YEARS.
  C.  UNLESS  OTHERWISE  ALLOWED BY LAW, A SCHOOL MAY NOT, EVEN WITH THE
AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT IN  ATTENDANCE  OR  THE
ELIGIBLE  STUDENT IN ATTENDANCE, DISCLOSE PERSONALLY IDENTIFIABLE INFOR-
MATION FOR A COMMERCIAL, FOR-PROFIT ACTIVITY INCLUDING BUT  NOT  LIMITED
TO USE FOR:
  (1) MARKETING PRODUCTS OR SERVICES;
  (2)  SELLING  PERSONALLY IDENTIFIABLE INFORMATION FOR USE IN MARKETING
PRODUCTS OR SERVICES;
  (3) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
  (4) COMPILATION OF A STUDENT LIST;
  (5) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
  (6) ANY OTHER PURPOSE CONSIDERED BY THE  SCHOOL  AS  LIKELY  TO  BE  A
COMMERCIAL, FOR-PROFIT ACTIVITY.
  D.  IN MAKING AN ALLOWABLE DISCLOSURE UNDER THIS SUBDIVISION, A SCHOOL
MAY ONLY DISCLOSE THE MINIMUM AMOUNT OF INFORMATION NECESSARY TO  ACCOM-
PLISH THE PURPOSE OF THE DISCLOSURE.
  S 6. This act shall take effect July 1, 2017 and shall apply to school
years beginning with the 2017-2018 academic year.