A8474B-2011 Actions

• Jun 12, 2012: amend and recommit to rules 8474b
• Jun 6, 2012: reported referred to rules
• Jan 13, 2012: print number 8474a
• Jan 13, 2012: amend and recommit to education
• Jan 4, 2012: referred to education
• Jun 17, 2011: referred to education

A8474B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8474--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 17, 2011
 
 Introduced by M. of A. ROSENTHAL, NOLAN -- read once and referred to the
 Committee on Education -- recommitted to the Committee on Education in
 accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee  --  reported  and  referred  to  the  Committee on Rules -- Rules
 Committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted to the Committee on Rules
 AN  ACT  to  amend  the  education  law,  in  relation to the release of
 personally identifiable student information by school districts
 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 section 3212-b
 to read as follows:

 

S  3212-B.  RELEASE  OF  PERSONALLY IDENTIFIABLE INFORMATION BY SCHOOL
 DISTRICTS.  1. FOR THE PURPOSES OF  THIS  SECTION  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:

 (A) "STUDENT" SHALL MEAN AND INCLUDE ANY PERSON WITH RESPECT TO WHOM A
 SCHOOL  MAINTAINS  EDUCATION RECORDS OR PERSONALLY IDENTIFIABLE INFORMA
 TION, BUT DOES NOT INCLUDE A PERSON WHO HAS NOT BEEN  IN  ATTENDANCE  AT
 SUCH SCHOOL.
 (B)  THE  TERM  "SCHOOL"  MEANS  ANY PUBLIC SCHOOL; IN ANY CITY, UNION
 FREE, COMMON OR CENTRAL SCHOOL DISTRICT AND  ANY  NON-PUBLIC  SCHOOL  OF
 ELEMENTARY OR SECONDARY EDUCATION.
 (C)  THE TERM "ELIGIBLE STUDENT" MEANS A STUDENT WHO HAS REACHED EIGH
 TEEN YEARS OF AGE.
 (D) DISCLOSABLE DIRECTORY INFORMATION (DDI) HEREAFTER REFERRED  TO  IN
 THIS  SECTION  AS  "DIRECTORY  INFORMATION",  MEANS  WITH  RESPECT  TO A
 STUDENT, THE STUDENT'S NAME; PHOTOGRAPH;  AGE;  GRADE  LEVEL;  DATES  OF
 ATTENDANCE;   PARTICIPATION  IN  OFFICIALLY  RECOGNIZED  ACTIVITIES  AND
 SPORTS; WEIGHT AND HEIGHT OF  MEMBERS  OF  ATHLETIC  TEAMS;  HONORS  AND
 AWARDS RECEIVED; AND THE MOST RECENT SCHOOL ATTENDED.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07381-14-2
 
       A. 8474--B                          2
 (E) "PERSONALLY IDENTIFIABLE STUDENT INFORMATION (PISI)" SHALL INCLUDE
 DISCLOSABLE  DIRECTORY INFORMATION, AND A STUDENT'S OR PARENT'S ADDRESS,
 TELEPHONE NUMBER, AND E-MAIL ADDRESS.
 2.  (A)  A  SCHOOL  MAY DISCLOSE DIRECTORY INFORMATION ABOUT A STUDENT
 ONLY:

 (I) IF THE DISCLOSURE DOES NOT  INCLUDE  ANY  INFORMATION  OTHER  THAN
 DIRECTORY INFORMATION AS DEFINED IN THIS SECTION;
 (II)  AFTER  GIVING  THE  PARENT  OF  THE STUDENT IN ATTENDANCE OR THE
 ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL NOTICE AND  AN  OPPORTUNITY
 TO  OPT-OUT  OF  THE  DISCLOSURE IN ACCORDANCE WITH SUBDIVISION THREE OF
 THIS SECTION; AND
 (III) 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.
 (B)  A SCHOOL MAY DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION
 ONLY WITH THE AFFIRMATIVE CONSENT  OF  THE  PARENT  OF  THE  STUDENT  IN
 ATTENDANCE  OR THE ELIGIBLE STUDENT IN ATTENDANCE IN ACCORDANCE WITH THE
 PROCEDURE PROVIDED IN SUBDIVISION THREE OF THIS SECTION IF:

 (I) THE DISCLOSURE IS TO THE PARENT OF ANY STUDENT  IN  ATTENDANCE  OR
 ANY ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL; OR
 (II)  THE  DISCLOSURE  IS TO A NON-PROFIT ORGANIZATION THAT: (A) SEEKS
 THE INFORMATION FOR A SPECIFIC PURPOSE DETERMINED BY THE  SCHOOL  TO  BE
 BENEFICIAL TO THE STUDENT; (B) 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 (C) 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
 (III)  THE SCHOOL HAS NO REASON TO BELIEVE THAT THE RECIPIENT HAS 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.
 (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 STUDENT
 INFORMATION  FOR  A  COMMERCIAL,  FOR-PROFIT  ACTIVITY INCLUDING BUT NOT
 LIMITED TO USE FOR:

 (I) MARKETING PRODUCTS OR SERVICES;
 (II) SELLING PERSONALLY IDENTIFIABLE STUDENT INFORMATION  FOR  USE  IN
 MARKETING PRODUCTS OR SERVICES;
 (III) CREATING OR CORRECTING AN INDIVIDUAL OR HOUSEHOLD PROFILE;
 (IV) COMPILATION OF A STUDENT LIST;
 (V) SALE OF THE INFORMATION FOR ANY COMMERCIAL PURPOSE; OR
 (VI)  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.
 3.  WITHIN THE FIRST WEEK OF EACH SCHOOL YEAR, EACH SCHOOL SHALL ISSUE
 A PUBLIC NOTICE, INCLUDE IN THE STUDENT HANDBOOK,  AND  SEND  HOME  WITH
 EVERY  STUDENT,  INFORMATION  STIPULATING  THE DISCLOSURE PROCEDURES FOR
 DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT INFORMATION.
 
       A. 8474--B                          3
 (A) THE DISCLOSURE INFORMATION SHALL  CONSIST  OF  THE  DEFINITION  OF
 DIRECTORY INFORMATION AND PERSONALLY IDENTIFIABLE STUDENT INFORMATION AS
 SET FORTH IN THIS SECTION; AND SHALL ALSO INCLUDE:

 (I) THE PROCEDURE FOR PROHIBITING THE SCHOOL FROM DISSEMINATING DIREC
 TORY  INFORMATION UNDER PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
 AND A DESCRIPTION OF ANY DIRECTORY INFORMATION THAT THE SCHOOL  PROPOSES
 TO DISCLOSE DURING THE SCHOOL YEAR; AND
 (II)  THE  PROCEDURE FOR AUTHORIZING THE SCHOOL TO DISCLOSE PERSONALLY
 IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B) OF SUBDIVISION  TWO
 OF THIS SECTION AND A DESCRIPTION OF ANY PERSONALLY IDENTIFIABLE STUDENT
 INFORMATION THAT THE SCHOOL PROPOSES TO DISCLOSE DURING THE SCHOOL YEAR.
 (B)  (I)  IF  THE  SCHOOL DOES NOT RECEIVE NOTICE FROM THE PARENT OF A
 STUDENT IN ATTENDANCE OR THE  ELIGIBLE  STUDENT  IN  ATTENDANCE  AT  THE
 SCHOOL PROHIBITING THE DISCLOSURE OF DIRECTORY INFORMATION WITHIN THIRTY
 DAYS  OF THE DISSEMINATION OF THE INFORMATION REQUIRED TO BE PROVIDED IN
 PARAGRAPH (A) OF THIS SUBDIVISION, THE SCHOOL MAY DISSEMINATE  DIRECTORY
 INFORMATION  RELATING TO THE STUDENT PURSUANT TO PARAGRAPH (A) OF SUBDI
 VISION TWO OF THIS SECTION.
 (II) IF THE SCHOOL DOES RECEIVE CONSENT FROM THE PARENT OF  A  STUDENT
 IN  ATTENDANCE  OR  THE  ELIGIBLE STUDENT IN ATTENDANCE AT THE SCHOOL TO
 DISCLOSE PERSONALLY IDENTIFIABLE STUDENT INFORMATION UNDER PARAGRAPH (B)
 OF  SUBDIVISION  TWO  OF  THIS  SECTION,  THE  SCHOOL  MAY   DISSEMINATE
 PERSONALLY  IDENTIFIABLE  STUDENT  INFORMATION  AS  SET  FORTH  IN  THIS
 SECTION.
 4. NOTHING IN THIS SECTION  SHALL  LIMIT  THE  ADMINISTRATIVE  USE  OF
 PUBLIC  SCHOOL  RECORDS  BY  A PERSON ACTING EXCLUSIVELY IN THE PERSON'S
 CAPACITY AS AN EMPLOYEE OF A BOARD OF EDUCATION OR OF THE STATE  OR  ANY
 OF ITS POLITICAL SUBDIVISIONS, ANY COURT, OR THE FEDERAL GOVERNMENT.
 5.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO THE RELEASE OF
 PERSONALLY IDENTIFIABLE  STUDENT  INFORMATION  TO  THE  DEPARTMENT,  THE
 UNITED  STATES  MILITARY,  OR  ANY  INSTITUTION OF HIGHER EDUCATION, ANY
 POLITICAL SUBDIVISION OR FEDERAL AGENCY, OR A SCHOOL DISTRICT OR  SCHOOL
 THAT DEMONSTRATES AN APPROPRIATE NEED FOR THE INFORMATION.
 

S 2. This act shall take effect July 1, 2013.

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