Requires schools and school groups to obtain consent before publishing personal information in a directory

BILL NUMBER:A10795A

Title of bill

An act to amend the education law, in relation to personal information in school directories

Purpose or general idea of bill

To keep a child's personal contact information private by restricting how and what information a school district, or school related association, can release to a third party vendor.

Summary of specific provisions

Section 1 adds a new section to educa- tion law, 3212-B, which defines student directory information and prohibits its release without permission from the students over 18 years of age or parents of students less than 18 years of age. This section excepts a school district or school related association from prohibition against student directory information as long as it does not release student contact information and it allows students and parents to opt out of any release of student information. Section 2 complies with No Child Left Behind and gives the colleges and the United States Armed Services access to student directory information unless a student or a student's parents opt out as required by No Child Left Behind. Section 3 states that this bill will take effect immediately.

Justification

Currently, under the Family Education Rights and Privacy Act (F.E.R.P.A), a school district is allowed to release a student's personal contact information to a third party vendor with which the district does business. Third party vendors include businesses such as class rings and sports trophies as well as military recruiters. With student information, these companies can sell students' personal infor- mation to marketing firms or other companies which then use direct mail- ers, emails, and direct calls to sell their product to students. This is inappropriate and dangerous. Identify theft is rampant throughout the United States and distribution of student information leaves them vulnerable to crime. Although FERPA allows students and parents to opt out of any disclosure of personal information, students and parents may not know about the opt-out provisions, how to opt out or recognize the importance of such option. This bill therefore requires students and parents to affirmatively permit distribution of a student's personal information to third-party vendors except where federal law requires students and parents to opt out - colleges and the military.

Prior legislative history

New bill.

Fiscal implications

None

Effective date

This act shall take effect immediately.