Relates to the release of personally identifiable student information

25 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Phil Boyle
• Adriano Espaillat
• Patrick M. Gallivan
• Terry Gipson
• Martin J. Golden
• Joseph A. Griffo
• Brad Hoylman-Sigal
• Timothy M. Kennedy
• Liz Krueger
• Andrew J. Lanza
• George Latimer
• Betty Little
• Jack M. Martins
• George D. Maziarz
• Velmanette Montgomery
• Thomas F. O'Mara
• Kevin S. Parker
• Patty Ritchie
• Diane J. Savino
• Daniel L. Squadron
• Cecilia Tkaczyk
• David J. Valesky
• Lee M. Zeldin

BILL NUMBER:S4284

Title of bill

An act to amend the education law, in relation to the release of personally identifiable student information

Purpose or general idea of bill

This bill would protect student privacy by prohibiting the release of personally identifiable information about individual students to third parties unless there is parental consent, or a student who is 18 or older consents, or unless certain exceptions apply.

Summary of specific provisions

Section one of the bill creates a new section 3212-b of the Education Law entitled "Release of personally identifiable student information." Subdivision one defines several terms as they are defined in the federal regulations that relate to privacy of student records (34 C.F.R. 99.3, the FERPA regulations), as well as defining other terms. Subdivision 2 prohibits the release of personally identifiable student information to third parties without parental consent (or student consent, if the student is 18 or older), unless one of the exceptions set out in subdivision 2 applies.

Subdivision 3 of new section 3212-b requires that detailed records be kept of all non-consensual disclosures made under subdivision 2, i.e., disclosures made under one of the exceptions set out in new section 3212-b(2)(a) through ((f). Subdivision 4 sets out notice requirements for non-consensual disclosures made pursuant to new section 3212-b(2)(d), relating to disclosure for research studies, or new section 3212-b(2)(e), relating to state or federal audits or other evaluations under state or federal law. Subdivision 5 addresses the content of notification and consent forms

Subdivision 6 of new section 3212-b provides for audits by the State Comptroller and subdivision 8 authorizes the State Attorney General to enforce compliance with the requirements of new section 3212-b. Other subdivisions provide sanctions for violation, require data systems to meet FTC data privacy and safeguarding standards, and provide that the new section does not limit administrative use of school records, based on a showing of appropriate need, by school employees, school boards or other government entities or employees.

Justification

New York and several other states have recently agreed to share confidential student information with corporate entities related to the Gates Foundation and the News Corporation (owned by Rupert Murdoch). The shared data will include children's personal information, including name, address, test scores, disciplinary and attendance records, race, ethnicity, disabilities, and other highly sensitive information. The data will be used for a variety of purposes and will be made available to commercial vendors to help them develop and market their learning products. Neither parents nor students have any ability to opt out of having this sensitive personal data shared with corporate entities, one of which is a subsidiary of the News Corporation. It is critical that there be safeguards on the release of

sensitive and personal information about students, and that parental or student consent should be part of any process of releasing personally identifiable student information to third parties. This legislation would establish procedures and standards that provide for consent and appropriate safeguards.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on July 1, 2013: