A07872 Summary:

BILL NO    A07872A


SPONSOR    Nolan

COSPNSR    Silver, O'Donnell, Abinanti, Otis, Titone, Paulin, Zebrowski,
           Schimel, Rosenthal, Galef, Lifton, Englebright, Jaffee, Lupardo,
           Solages, Perry

MLTSPNSR   Farrell

Add S2-c, Ed L

Relates to the release of personally identifiable student information.
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A07872 Actions:

BILL NO    A07872A

06/06/2013 referred to education
06/12/2013 reported referred to codes
06/14/2013 amend (t) and recommit to codes
06/14/2013 print number 7872a
06/18/2013 reported referred to rules
06/19/2013 reported 
06/19/2013 rules report cal.559
06/19/2013 ordered to third reading rules cal.559
06/20/2013 passed assembly
06/20/2013 delivered to senate
01/08/2014 DIED IN SENATE
01/08/2014 ordered to third reading cal.387
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A07872 Votes:

A07872A06/20/2013 142/0
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY

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A07872 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the education law, in relation to the release of personally identifiable information   PURPOSE OR GENERAL IDEA OF BILL: This bill protects personally iden- tifiable information from release to certain third parties.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 allows parents of students and students of 18 years of age or older to request that personally identifiable information and/or biome- tric record not be disclosed to certain third parties and prohibits the education department and schools that receive the request from disclos- ing such information of that particular student, except in cases where they are required to do so by law, court order or subpoena, state or federal audits or evaluations to certain authorized representatives, or for health or safety emergencies. This section also directs SED to develop a form to be used for such requests. Section 2 is the effective date.   JUSTIFICATION: New York State has recently agreed to share confiden- tial student information with commercial vendors and other corporations. This information includes name, address, lest scores, disciplinary and attendance records, raze, ethnicity, disabilities and other sensitive information. Such student data is useful to corporations for business development, marketing educational products and grant programs. At this time, however, state law does not authorize parents and students to protect personal data from disclosure to these third parties. This legislation provides safeguards: it allows parents and students to prohibit schools from sharing personal student data and directs the State Education Department to develop the necessary information and forms necessary for parents and students.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect 90 days after it shall become law.
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A07872 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                      June 6, 2013
        Introduced  by  M.  of  A. NOLAN, ABINANTI, OTIS, TITONE, PAULIN -- read
          once and referred to  the  Committee  on  Education  --  reported  and
          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-

        AN  ACT  to  amend  the  education  law,  in  relation to the release of
          personally identifiable information
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 2-c to
     2  read as follows:
     3    §  2-c.  Release  of  personally  identifiable information.   1. Defi-
     4  nitions. As used in this section the  following  terms  shall  have  the
     5  following meanings:
     6    a.  "Personally  identifiable information" shall have the same meaning
     7  as such term is defined in section 99.3 of  title  34  of  the  code  of
     8  federal regulations implementing the Family Education Rights and Privacy
     9  Act, as such federal law and regulations are from time to time amended.

    10    b.  "Biometric  record"  shall  have  the same meaning as such term is
    11  defined in section 99.3 of title 34 of the code of  federal  regulations
    12  implementing the Family Education Rights and Privacy Act, as such feder-
    13  al law and regulations are from time to time amended.
    14    c.  "School"  shall  mean  any  public elementary or secondary school,
    15  board of cooperative educational services,  public  school  kindergarten
    16  programs,  universal  pre-kindergarten  programs  authorized pursuant to
    17  section thirty-six hundred two-e of this  chapter,  and  other  publicly
    18  funded pre-kindergarten programs.
    19    d.  "Student"  shall  mean any person attending a school identified in
    20  paragraph c of this subdivision.

    21    e. "Third party" shall mean any person or entity other than  a  school
    22  district  or  board  of cooperative educational services, institution of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7872--A                          2
     1  higher education, school as defined in paragraph c of  this  subdivision
     2  or the department.
     3    2.  A parent of a student, a person in parental relation to a student,
     4  or a student eighteen years of  age  or  older  may  request  that  such
     5  student's  personally  identifiable  information  and/or  such student's

     6  biometric record not be disclosed to any  third  party.  The  department
     7  and/or  any  school  that receives such request shall be prohibited from
     8  disclosing such information to any third party unless such disclosure is
     9  required by law, pursuant to a court order or subpoena, for the  purpose
    10  of  a state or federal audit or evaluation to authorized representatives
    11  of entities identified in section 99.31 (a)(3) of title 34 of  the  code
    12  of  federal  regulations  implementing  the  Family Education Rights and
    13  Privacy Act, or is necessary due to a health or safety emergency.
    14    3. The department shall develop a form that shall be used for requests
    15  made pursuant to subdivision two of this section.  Such  form  shall  be

    16  made  publicly  available and shall allow such individuals the option to
    17  opt-out of disclosure of personally identifiable information and  biome-
    18  tric  records  to  any third party or to certain types of third parties.
    19  The department is authorized to  identify  a  list  of  types  of  third
    20  parties  that  individuals may opt-out of disclosure of such information
    21  and records and such individuals  may  opt-out  of  disclosure  of  such
    22  information  and  records  to  any  type  and/or all of the listed third
    23  parties. Such list developed by the department  shall  not  require  the
    24  names  of  such  third  parties to be listed. Such list may identify the
    25  types of services such third parties provide.

    26    4. The provisions of this section shall not apply to  the  sharing  of
    27  personally  identifiable  information  and  biometric records by charter
    28  schools to a not-for-profit corporation  or  a  for-profit  business  or
    29  corporate entity that the charter school was formed in conjunction with.
    30    §  2.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law.
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