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A10487 Summary:

BILL NOA10487A
 
SAME ASSAME AS S07626-A
 
SPONSORNolan
 
COSPNSR
 
MLTSPNSR
 
Amd 2-d, Ed L
 
Relates to the unauthorized release of personally identifiable information relating to students.
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A10487 Text:



 
                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.
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