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

Section 1-2 states that a school district or school related association may disclose a student's school directory information to a third party vendor without getting written consent first, provided that:

As Section 1-2A states, that information does not include a student's contact information and...

As Section 1-2B states, that a school district or school related association first gives explicit written notice to the parents (or student if he/she is over the age of 18) stating that this information may be released and that the parents (or student) can opt out of having it released, if they so choose, by filling out a form and turning it over to the authorities at the school that the child attends. Information that can be released without the express written approval of parents (or the student) includes the name of the student, the grade level of the student, the age of the student, the date and place of birth of the student, any participation in officially recognized activities and sports programs that the student participates in, the height and weight of the student, the dates of school attendance of the student, any degrees or awards that the student received, and the most recent educational agency or institution that the student attended.

Section 2 states that, pursuant to the federal No Child Left Behind Act (NCLB), the Military and Higher Education Institutions shall have access to a student's name, address, and phone number without having to first acquire a written, opt-in, provision from a student who is over the age of 18, or the students parents if he/she is under the age of 18. However, a student over the age of 18, or his/her parents if they are under 18, may fill out an opt-out provision that forbids the Military and Higher Education Institutions from acquiring this information.

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 that it does business with. Examples of the types of organizations that can acquire this information are companies that make class rings, companies that make sports equipment and trophies for teams, and military recruiters. However, once these companies have the child's information, there is nothing stopping them from turning around and selling this information to marketing firms or other companies, who then utilize direct mailers, emails, and possibly calls to try and tempt the children to buy their product. Besides the issue of invasion of privacy that a child faces when their information is released publicly, there is also the fear that this information could fall into the hands of dangerous individuals. To illustrate this point more clearly, from 2003-2007 (most recent statistics available), the homicide rate for high school aged students rose from 4.3 to 6.1 individuals per 100,000 (3). While it is true that not all of these murders had to do with information being released into the wrong hands, it does signify the importance of keeping children safe at all costs.

As of now, the only way for a parent (or student if they are over the age of 18) to block the release of their information is for them to express in written form their desire not to have this information released. This is what is meant when it is said that FERPA has an opt-out provision. However, there are no specific guidelines that indicate how this provision should be handled, and is instead left up to each individual school district. Hence, there is no continuity between districts, with potentially one passing out a form in the beginning of the year, another at the end of the year, and a third keeping the forms on hand at the school in case a parent asks for one. Additionally, as all parents of school aged children know, there is the distinct possibility that a form that is put into a child's backpack will never make it home and into the parents hands. Lastly, because schools do not have to alert parents when they are releasing the contact information of their child, parents may not know when it is appropriate to return the opt-out form.

Also, in 2008 (again, most recent statistics available) there were 10 million cases of identity theft in the United States (1). Of these 10 million people, 66% of victims' personal information is used to open a new credit account in their name (2). While these numbers do not specifically reflect children, what they do show is that identity theft is a problem in our society, and one that will continue to grow as more and more information becomes accessible to the general public.

All of the reasons written about above explain why this bill is necessary. By stating that a school district cannot release a student's personal contact information without receiving express written permission from the parents beforehand, saying that it is ok to do so, this bill is limiting what school districts can release without a families knowledge. However, by not outlawing the release of all student directory information, this bill does not overstep the states boundaries and overturn an existing federal law. Lastly, this bill does not interfere with the transferring of a student's information between school districts when a student moves of is transferred for other reasons. In the end, all it does is seek to strengthen an existing federal statute by outlawing the release of a student's personal contact information unless the family of that student explicitly states in writing that they permit the release of this information

Prior legislative history

This is a new piece of legislation. FISCAL IMPLICATIONS :

None.

Effective date

This act shall take effect immediately.