STATE OF NEW YORK
________________________________________________________________________
10487--A
IN ASSEMBLY
May 31, 2016
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to the unauthorized
release of personally identifiable information relating to students
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 2-d of the education law is
2 amended by adding a new paragraph 1 to read as follows:
3 1. "Directory information" shall have the same meaning as defined in
4 section 99.3 of title thirty-four of the code of federal regulations
5 implementing the family educational rights and privacy act, section
6 twelve hundred thirty-two-g of title twenty of the United States code.
7 "Disclosable directory information" means with respect to a student, the
8 student's name; photograph; age; grade level; enrollment status; dates
9 of attendance; participation in officially recognized activities and
10 sports; weight and height of members of athletic teams; degrees, honors
11 and awards received; and the most recent educational agency or institu-
12 tion attended.
13 § 2. Subdivision 3 of section 2-d of the education law is amended by
14 adding a new paragraph e to read as follows:
15 e. Within the first month of each school year, each educational agency
16 shall publicly issue a notice, include in the student handbook if appli-
17 cable, and send home with every student, information stipulating the
18 disclosure procedures for personally identifiable information.
19 (1) The notice required under this paragraph shall include:
20 (i) a description of any personally identifiable information that the
21 educational agency expects to disclose during the school year;
22 (ii) the procedure that a parent of a student or an eligible student
23 can follow to prohibit the educational agency from disseminating disc-
24 losable directory information; and
25 (iii) the procedure that a parent of a student or an eligible student
26 can follow to prohibit the educational agency from disseminating
27 personally identifiable information.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15005-05-6
A. 10487--A 2
1 (2) If the school does not receive an objection from the parent of a
2 student or the eligible student within thirty days of the dissemination
3 of the notice required to be provided under this paragraph, the educa-
4 tional agency may disseminate disclosable directory information relating
5 to the student.
6 § 3. Paragraph f of subdivision 4 of section 2-d of the education law,
7 as added by section 1 of subpart L of part AA of chapter 56 of the laws
8 of 2014, is amended to read as follows:
9 f. Personally identifiable information maintained by educational agen-
10 cies, including data provided to third-party contractors and their
11 assignees, shall not be sold or used for marketing purposes, including
12 but not limited to marketing products or services; selling or renting
13 personally identifiable information for use in marketing products or
14 services; creating, correcting, or updating an individual or household
15 profile; compilation of a list of students; or any other purpose consid-
16 ered by the school as likely to be a commercial, for-profit activity.
17 § 4. Subdivision 7 of section 2-d of the education law is amended by
18 adding a new paragraph e to read as follows:
19 e. The provisions of this section shall not apply to the release of
20 personally identifiable information to the department, the United States
21 military, or any institution of higher education, any political subdivi-
22 sion or federal agency that demonstrates an appropriate need for the
23 information or a school district or school that demonstrates an appro-
24 priate need for the information.
25 § 5. Section 2-d of the education law is amended by adding a new
26 subdivision 8 to read as follows:
27 8. Disclosure. a. A school may disclose directory information about a
28 student only:
29 (1) if the disclosure does not include any information other than
30 disclosable directory information as defined in this section;
31 (2) after giving the parent of the student in attendance or the eligi-
32 ble student in attendance at the school notice and an opportunity to
33 opt-out of the disclosure in accordance with paragraph e of subdivision
34 three of this section; and
35 (3) if the disclosure is to a school newspaper, local newspaper,
36 school club or organization, school yearbook, school photographer, honor
37 roll or other recognition list, graduation program, sports related
38 publication which provides specific information about particular
39 students for the purposes of a specific sports activity or function, or
40 parent and teacher organization; or
41 (4) if the disclosure is to any parent of any student in attendance or
42 any eligible student in attendance at the school; or
43 (5) if the disclosure is to any organization the education agency has
44 a written agreement with to provide services or products. Such organiza-
45 tion may utilize disclosable directory information as specified in such
46 written agreement, and, as specified in such written agreement, may
47 market such services and products within the school community.
48 b. A school may disclose personally identifiable information in
49 accordance with the procedure provided in paragraph e of subdivision
50 three of this section, after giving the parent of the student in attend-
51 ance or the eligible student in attendance notice and an opportunity to
52 prohibit the disclosure in accordance with paragraph e of subdivision
53 three of this section, if:
54 (1) the disclosure is to the parent of any student in attendance or
55 any eligible student in attendance at the school; or
A. 10487--A 3
1 (2) the disclosure is to a non-profit organization that: (i) seeks the
2 information for a specific purpose determined by the school to be bene-
3 ficial to the student; (ii) states in writing that it has not used or
4 disclosed personally identifiable information from any school in a
5 manner inconsistent with the terms of disclosure within the past five
6 years; and (iii) agrees in writing to use the information only for that
7 purpose and to return or destroy the information when the purpose has
8 been fulfilled or within one year after receipt, whichever comes first;
9 and
10 (3) the school has no reason to believe that the recipient has used or
11 disclosed personally identifiable information from any school in a
12 manner inconsistent with the terms of the disclosure within the past
13 five years.
14 c. Unless otherwise allowed by law, a school may not, even with the
15 affirmative consent of the parent of the student in attendance or the
16 eligible student in attendance, disclose personally identifiable infor-
17 mation for a commercial, for-profit activity including but not limited
18 to use for:
19 (1) marketing products or services;
20 (2) selling personally identifiable information for use in marketing
21 products or services;
22 (3) creating or correcting an individual or household profile;
23 (4) compilation of a student list;
24 (5) sale of the information for any commercial purpose; or
25 (6) any other purpose considered by the school as likely to be a
26 commercial, for-profit activity.
27 d. In making an allowable disclosure under this subdivision, a school
28 may only disclose the minimum amount of information necessary to accom-
29 plish the purpose of the disclosure.
30 § 6. This act shall take effect July 1, 2017 and shall apply to school
31 years beginning with the 2017-2018 academic year.
