S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3413
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Education
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   student privacy protection act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new article 2-A to
 read as follows:
                                ARTICLE 2-A
                        STUDENT PRIVACY PROTECTION
 SECTION 20. SHORT TITLE.
         21. DEFINITIONS.
         22. LIMITS ON DISCLOSURE OF STUDENT INFORMATION.
         23. NOTICE.
   § 20. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS AND MAY BE CITED  AS
 THE "STUDENT PRIVACY PROTECTION ACT".
   § 21. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1.  "SCHOOL"  MEANS  ANY PUBLIC SCHOOL, ANY NON-PUBLIC SCHOOL, AND ANY
 SCHOOL OF HIGHER EDUCATION.
   2.  "STUDENT",  "DIRECTORY  INFORMATION",  "ELIGIBLE   STUDENT",   AND
 "PERSONALLY  IDENTIFIABLE  INFORMATION"  SHALL HAVE THE SAME MEANINGS AS
 SUCH TERMS ARE DEFINED IN 34 CFR 99.
   3.  "DISCLOSABLE  DIRECTORY  INFORMATION"  MEANS  WITH  RESPECT  TO  A
 STUDENT,  THE  STUDENT'S  NAME;  PHOTOGRAPH;  AGE; MAJOR FIELD OF STUDY;
 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 INSTITUTION ATTENDED.
   § 22. LIMITS ON DISCLOSURE OF STUDENT INFORMATION.  1.  A  SCHOOL  MAY
 DISCLOSE DIRECTORY INFORMATION ABOUT A STUDENT ONLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00925-01-1
              

 A. 3413                             2
 
   (A)  AFTER GIVING THE PARENT OF THE STUDENT OR THE ELIGIBLE STUDENT AT
 THE SCHOOL NOTICE AND AN OPPORTUNITY TO OPT-OUT OF THE DISCLOSURE PURSU-
 ANT TO SECTION TWENTY-THREE OF THIS ARTICLE;
   (B)  IF  THE  DISCLOSURE  DOES NOT INCLUDE ANY PERSONALLY IDENTIFIABLE
 STUDENT INFORMATION OTHER THAN DISCLOSABLE DIRECTORY INFORMATION; AND
   (C) IF THE DISCLOSURE IS  TO  A  SCHOOL  NEWSPAPER,  LOCAL  NEWSPAPER,
 SCHOOL CLUB OR ORGANIZATION, SCHOOL YEARBOOK, HONOR ROLL OR OTHER RECOG-
 NITION  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  ORGAN-
 IZATION.
   2.  A  SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION
 WITH THE AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT OR THE  ELIGI-
 BLE  STUDENT IN ACCORDANCE WITH THE PROCEDURE DESCRIBED IN SECTION TWEN-
 TY-THREE OF THIS ARTICLE IF THE DISCLOSURE IS TO A NON-PROFIT  ORGANIZA-
 TION:
   (A)  THAT STATES IN WRITING THAT IT SEEKS THE INFORMATION FOR A SPECI-
 FIED PURPOSE DETERMINED BY THE SCHOOL TO BE IN THE EDUCATIONAL  INTEREST
 OF THE STUDENT;
   (B)  THAT  STATES IN WRITING THAT IT WILL USE THE INFORMATION ONLY FOR
 THE SPECIFIC IDENTIFIED PURPOSE AND WILL RETURN OR DESTROY THE  INFORMA-
 TION  WHEN  THE  PURPOSE HAS BEEN FULFILLED, BUT NOT LATER THAN ONE YEAR
 AFTER RECEIPT;
   (C) THAT  STATES  IN  WRITING  THAT  IT  HAS  NOT  USED  OR  DISCLOSED
 PERSONALLY  IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN A MANNER
 INCONSISTENT WITH THE TERMS OF DISCLOSURE WITHIN THE  PAST  FIVE  YEARS;
 AND
   (D)  IF THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT USED OR
 DISCLOSED PERSONALLY IDENTIFIABLE STUDENT INFORMATION FROM ANY SCHOOL IN
 A MANNER INCONSISTENT WITH THE TERMS OF THE DISCLOSURE WITHIN  THE  PAST
 FIVE YEARS.
   3.  UNLESS  OTHERWISE  EXPRESSLY  ALLOWED  BY  LAW, A SCHOOL SHALL NOT
 DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION  ABOUT  A  STUDENT,
 EVEN  WITH  THE  AFFIRMATIVE CONSENT OF THE PARENT OF THE STUDENT OR THE
 ELIGIBLE STUDENT, FOR ANY COMMERCIAL,  FOR-PROFIT  ACTIVITY,  INCLUDING,
 BUT NOT LIMITED TO USE FOR:
   (A) MARKETING PRODUCTS OR SERVICES;
   (B) SELLING OR RENTING PERSONALLY IDENTIFIABLE STUDENT INFORMATION FOR
 USE IN MARKETING PRODUCTS OR SERVICES;
   (C)  CREATING,  CORRECTING,  OR  UPDATING  AN  INDIVIDUAL OR HOUSEHOLD
 PROFILE;
   (D) COMPILATION OF A LIST OF STUDENTS; OR
   (E) ANY OTHER PURPOSE CONSIDERED BY THE  SCHOOL  AS  LIKELY  TO  BE  A
 COMMERCIAL, FOR-PROFIT ACTIVITY.
   4.  IN  MAKING AN ALLOWABLE DISCLOSURE UNDER SUBDIVISION ONE OR TWO OF
 THIS SECTION, A SCHOOL SHALL ONLY DISCLOSE THE MINIMUM AMOUNT OF  INFOR-
 MATION NECESSARY TO ACCOMPLISH THE PURPOSE OF SUCH DISCLOSURE.
   §  23.  NOTICE.  1.  WITHIN  THE  FIRST WEEK OF EACH SCHOOL YEAR, EACH
 SCHOOL SHALL ISSUE A PUBLIC NOTICE, INCLUDED  IN  A  STUDENT  OR  PARENT
 HANDBOOK  AND  PROVIDED  TO  EACH STUDENT IN A FORM THAT THE STUDENT CAN
 RETAIN OR GIVE  TO  A  PARENT,  CONTAINING  INFORMATION  DESCRIBING  THE
 SCHOOL'S  DISCLOSURE  PROCEDURES  FOR  PERSONALLY  IDENTIFIABLE  STUDENT
 INFORMATION.
   2. THE INFORMATION  REQUIRED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL INCLUDE:

 A. 3413                             3

   (A)  A  DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT INFORMATION
 THAT THE SCHOOL EXPECTS TO DISCLOSE DURING THE SCHOOL YEAR;
   (B)  THE  PROCEDURE  THAT A PARENT OF A STUDENT OR AN ELIGIBLE STUDENT
 CAN FOLLOW TO PROHIBIT THE SCHOOL FROM DISSEMINATING DISCLOSABLE  DIREC-
 TORY INFORMATION PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE; AND
   (C)  THE  PROCEDURE  THAT A PARENT OF A STUDENT OR AN ELIGIBLE STUDENT
 CAN FOLLOW TO AUTHORIZE THE SCHOOL TO DISSEMINATE  PERSONALLY  IDENTIFI-
 ABLE STUDENT INFORMATION PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE.
   3.  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 INFORMATION REQUIRED TO BE PROVIDED UNDER SUBDIVISION TWO OF THIS
 SECTION,  THE  SCHOOL  MAY DISSEMINATE DISCLOSABLE DIRECTORY INFORMATION
 RELATING TO THE STUDENT PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.