Bill Text: NY A07872 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the release of personally identifiable student information.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed - Dead) 2014-01-08 - ordered to third reading cal.387 [A07872 Detail]

Download: New_York-2013-A07872-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7872--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     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    S  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.
                                                                  LBD10977-06-3
       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    S  2.  This  act shall take effect on the ninetieth day after it shall
   31  have become a law.