BILL NO A07872A SAME AS SAME AS S05930 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.Go to top
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 06/20/2013 REFERRED TO RULES 06/20/2013 REFERRED TO RULES 01/08/2014 DIED IN SENATE 01/08/2014 RETURNED TO ASSEMBLY 01/08/2014 ordered to third reading cal.387Go to top
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7872A SPONSOR: Nolan
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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STATE OF NEW YORK ________________________________________________________________________ 7872--A 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- tee 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. LBD10977-06-3A. 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.