Requires notification of parents when student directory personally identifiable information is released to third parties; provides an opportunity to opt out.
STATE OF NEW YORK
________________________________________________________________________
8474--B
2011-2012 Regular Sessions
IN 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:
1 Section 1. The education law is amended by adding a new section 3212-b
2 to read as follows:
3 § 3212-b. Release of personally identifiable information by school
4 districts. 1. For the purposes of this section the following terms
5 shall have the following meanings:
6 (a) "Student" shall mean and include any person with respect to whom a
7 school maintains education records or personally identifiable informa-
8 tion, but does not include a person who has not been in attendance at
9 such school.
10 (b) The term "school" means any public school; in any city, union
11 free, common or central school district and any non-public school of
12 elementary or secondary education.
13 (c) The term "eligible student" means a student who has reached eigh-
14 teen years of age.
15 (d) Disclosable directory information (DDI) hereafter referred to in
16 this section as "directory information", means with respect to a
17 student, the student's name; photograph; age; grade level; dates of
18 attendance; participation in officially recognized activities and
19 sports; weight and height of members of athletic teams; honors and
20 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
1 (e) "Personally identifiable student information (PISI)" shall include
2 disclosable directory information, and a student's or parent's address,
3 telephone number, and E-mail address.
4 2. (a) A school may disclose directory information about a student
5 only:
6 (i) if the disclosure does not include any information other than
7 directory information as defined in this section;
8 (ii) after giving the parent of the student in attendance or the
9 eligible student in attendance at the school notice and an opportunity
10 to opt-out of the disclosure in accordance with subdivision three of
11 this section; and
12 (iii) if the disclosure is to a school newspaper, local newspaper,
13 school club or organization, school yearbook, honor roll or other recog-
14 nition list, graduation program, sports related publication which
15 provides specific information about particular students for the purposes
16 of a specific sports activity or function, or parent and teacher organ-
17 ization.
18 (b) A school may disclose personally identifiable student information
19 only with the affirmative consent of the parent of the student in
20 attendance or the eligible student in attendance in accordance with the
21 procedure provided in subdivision three of this section if:
22 (i) the disclosure is to the parent of any student in attendance or
23 any eligible student in attendance at the school; or
24 (ii) the disclosure is to a non-profit organization that: (A) seeks
25 the information for a specific purpose determined by the school to be
26 beneficial to the student; (B) states in writing that it has not used or
27 disclosed personally identifiable student information from any school in
28 a manner inconsistent with the terms of disclosure within the past five
29 years; and (C) agrees in writing to use the information only for that
30 purpose and to return or destroy the information when the purpose has
31 been fulfilled or within one year after receipt, whichever comes first;
32 and
33 (iii) the school has no reason to believe that the recipient has used
34 or disclosed personally identifiable student information from any school
35 in a manner inconsistent with the terms of the disclosure within the
36 past five years.
37 (c) Unless otherwise allowed by law, a school may not, even with the
38 affirmative consent of the parent of the student in attendance or the
39 eligible student in attendance, disclose personally identifiable student
40 information for a commercial, for-profit activity including but not
41 limited to use for:
42 (i) marketing products or services;
43 (ii) selling personally identifiable student information for use in
44 marketing products or services;
45 (iii) creating or correcting an individual or household profile;
46 (iv) compilation of a student list;
47 (v) sale of the information for any commercial purpose; or
48 (vi) any other purpose considered by the school as likely to be a
49 commercial, for-profit activity.
50 (d) In making an allowable disclosure under this subdivision, a school
51 may only disclose the minimum amount of information necessary to accom-
52 plish the purpose of the disclosure.
53 3. Within the first week of each school year, each school shall issue
54 a public notice, include in the student handbook, and send home with
55 every student, information stipulating the disclosure procedures for
56 directory information and personally identifiable student information.
A. 8474--B 3
1 (a) The disclosure information shall consist of the definition of
2 directory information and personally identifiable student information as
3 set forth in this section; and shall also include:
4 (i) the procedure for prohibiting the school from disseminating direc-
5 tory information under paragraph (a) of subdivision two of this section
6 and a description of any directory information that the school proposes
7 to disclose during the school year; and
8 (ii) the procedure for authorizing the school to disclose personally
9 identifiable student information under paragraph (b) of subdivision two
10 of this section and a description of any personally identifiable student
11 information that the school proposes to disclose during the school year.
12 (b) (i) If the school does not receive notice from the parent of a
13 student in attendance or the eligible student in attendance at the
14 school prohibiting the disclosure of directory information within thirty
15 days of the dissemination of the information required to be provided in
16 paragraph (a) of this subdivision, the school may disseminate directory
17 information relating to the student pursuant to paragraph (a) of subdi-
18 vision two of this section.
19 (ii) If the school does receive consent from the parent of a student
20 in attendance or the eligible student in attendance at the school to
21 disclose personally identifiable student information under paragraph (b)
22 of subdivision two of this section, the school may disseminate
23 personally identifiable student information as set forth in this
24 section.
25 4. Nothing in this section shall limit the administrative use of
26 public school records by a person acting exclusively in the person's
27 capacity as an employee of a board of education or of the state or any
28 of its political subdivisions, any court, or the federal government.
29 5. The provisions of this section shall not apply to the release of
30 personally identifiable student information to the department, the
31 United States military, or any institution of higher education, any
32 political subdivision or federal agency, or a school district or school
33 that demonstrates an appropriate need for the information.
34 § 2. This act shall take effect July 1, 2013.
