Senate Bill S2623

                                 BILL NUMBER:  S2623

 TITLE OF BILL :  An act to amend the education law, in relation to
notification of certain parental rights under the federal family
educational rights and privacy act

 PURPOSE :

To provide that colleges shall annually notify parents of certain
rights under the Federal Family Educational Rights and Privacy Act
(FERPA).

 SUMMARY OF PROVISIONS :

Section 1. Amends the education law by adding a new section 225-a to
provide that colleges shall notify parents annually of their rights
under FERPA before the start of the academic year. Colleges shall
notify parents of the right of a student eighteen years or older to
designate a parent or guardian as someone who can request the
student's records from the college.

Section 2. Sets the effective date.

 EXISTING LAW :

Under current law there is no provision for notifying parents of their
              

rights under FERPA.

 JUSTIFICATION :

Under the Federal Family Educational Rights and Privacy Act (FERPA),
rights are assigned to parents when a child is under eighteen years of
age. When a child turns eighteen, rights under FERPA transfer to that
child. Many parents and students are not aware that they can designate
a parent or guardian to request records from the school.

There are certain instances when a parent may be able to see his or
her child's records if that child is in college: if the student is
claimed as a dependent of the parents for tax purposes, if there is a
health or safety emergency involving that parent's son or daughter, if
the student is under 21 and there is a violation of the college's law
or policy concerning possession of a controlled substance or alcohol
or if a school official speaks to a parent and shares with the parent
information based on personal knowledge or observation of the student.
However, many students and parents are not aware of the designation of
rights to request education records.

Many students and parents are not aware of what their rights are under
FERPA when the student turns eighteen and this would ensure that both
parents and students have all the information they need every year.

 LEGISLATIVE HISTORY :

2016 S.6561.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.