BILL NUMBER:  S5273

 TITLE OF BILL :

An act to amend the education law, in relation to prohibiting the
altering of a student's official records, files and/or data

 PURPOSE :

This bill prohibits unauthorized and false alterations and tampering
of any official student records, files, or data maintained by the
school or college.

 SUMMARY OF PROVISIONS :

Section 1. Subdivision 9-a of section 225 of the education law is
amended to make unlawful the unauthorized or false alterations of
student records: official records, files, and/or data maintained by a
school or college (i.e. identifying data, grades, athletic records,
records of attendance and academic work completed, records of student
achievement and assessment results, disciplinary records, individual
education programs, or any information included as part of the
educational record as defined by the federal Family Educational Rights
and Privacy Act).

Section 2 establishes the effective date.
              

 JUSTIFICATION :

Tampering with student data undermines both the credibility of
official records and achievements of students, rendering their hard
work and academic integrity meaningless. Additionally, these official
records serve as important qualifiers for various measurements of
success in determining awards and college admissions or recruitment.

The existing state law - implemented in 1980 to address grade
tampering in the new dawn of a computer age - bars tampering with any
"grade, credit honor, award, permanent record or transcript".
However, this current statute does not take into account the evolution
of and changes in the educational record made within the past four
decades. Now, a student's "permanent record" includes information that
provides a more holistic and comprehensive profile that encompasses
academic achievement, behavioral areas of concern and assessments.
These additions provide greater clarity into competencies and outcomes
into an individual's educational journey.  As information on each
student grows throughout his or her educational career, so does the
need to preserve the inviolability of this important data by expanding
what needs to be safeguarded.

This legislation would recognize that all educational records,
including those already covered under the federal Family Educational
Rights and Privacy Act (FERPA) for the purpose of confidentiality, are
protected from unlawful alteration or tampering. Within this scope,
those files, documents and other materials which contain information
directly related to students and are maintained by the educational
institution - including records pertaining to disciplinary actions,
special education, medical or health history, personally identifiable
information, and those involving the student athlete and maintained by
a school's athletic department -- would be covered from falsification.

 LEGISLATIVE HISTORY :

A.10413 of 2016, referred to education

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
First of July next succeeding date on which it shall have become a
law.