What's happening
This bill requires colleges to annually notify parents of their rights under the federal Family Educational Rights and Privacy Act (FERPA).
Why it matters
Enhances parental awareness. By requiring colleges to notify parents annually about FERPA rights, the bill ensures families are better informed about how student education records are handled and what privacy protections exist.
Clarifies student choice. The bill highlights that students aged 18 or older can specifically authorize their parents or guardians to access their college records, empowering students to make informed decisions about sharing information.
Mandates timely notification. Colleges must send notifications before the academic year begins, giving parents and students the opportunity to understand and act on their rights before classes start, rather than after the fact.
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Who cares
Headline styles
Colleges Notify Parents Annually
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2623
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to notification of certain parental rights under the federal family educational rights and privacy act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 225-a to read as follows:
§ 225-a. Parental notification of certain rights. 1. Colleges shall notify parents annually of their rights under 20 U.S.C. § 1232g, including, but not limited to, the right of a student eighteen years of age or older to designate a parent or guardian as someone who can request the student's records from the college.
2. Colleges shall notify parents of their rights under 20 U.S.C. § 1232g before the start of the academic year.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08033-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to notification of certain parental rights under the federal family educational rights and privacy act
Purpose
To provide that colleges shall annually notify parents of certain rights under the Federal Family Educational Rights and Privacy Act (FERPA).
Summary of provisions
Section 1. Amends the education law by adding a new section 225-a to provide that colleges shall notify parents annually of their rights under FERPA before the start of the academic year. Colleges shall notify parents of the right of a student eighteen years or older to designate a parent or guardian as someone who can request the student's records from the college.
Section 2. Sets the effective date.
Existing law
Under current law there is no provision for notifying parents of their rights under FERPA.
Justification
Under the Federal Family Educational Rights and Privacy Act (FERPA), rights are assigned to parents when a child is under eighteen years of age. When a child turns eighteen, rights under FERPA transfer to that child. Many parents and students are not aware that they can designate a parent or guardian to request records from the school.
There are certain instances when a parent may be able to see his or her child's records if that child is in college: if the student is claimed as a dependent of the parents for tax purposes, if there is a health or safety emergency involving that parent's son or daughter, if the student is under 21 and there is a violation of the college's law or policy concerning possession of a controlled substance or alcohol or if a school official speaks to a parent and shares with the parent information based on personal knowledge or observation of the student. However, many students and parents are not aware of the designation of rights to request education records.
Many students and parents are not aware of what their rights are under FERPA when the student turns eighteen and this would ensure that both parents and students have all the information they need every year.
Legislative history
2016 S.6561.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.