What's happening
This bill requires New York schools to notify parents and students of their right to opt out of releasing student contact information to military recruiters.
Why it matters
Strengthens student privacy rights. by making it easier for families to prevent the release of students' contact information to military recruiters, ensuring they are actively informed and given a clear choice.
Increases transparency and accountability. for schools by mandating clear, visible notification on emergency contact forms and requiring explicit opt-in or opt-out responses regarding the release of student data.
Imposes regular reporting requirements. on school principals to track and submit lists of students who have opted out, improving oversight and reducing the chance of accidental disclosure.
Aligns state practices with federal law. while emphasizing local responsibility, potentially reducing confusion among families about their rights and how to exercise them.
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Who cares
Headline styles
Notify Parents on Military Opt-Out
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5525
2017-2018 Regular Sessions
IN SENATE
April 6, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring notification to parents and guardians of the ability to opt out of the school's release of information to military recruiters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 305 of the education law is amended by adding a new subdivision 56 to read as follows:
56. a. The commissioner shall require all school districts to provide notice to each student and to the parent or guardian of each student enrolled in the school district that, in accordance with federal law, the student or the parent or guardian of the student may request that the student's name, address, and telephone number not be released to military recruiters. This notice shall:
(i) be included in a clear and conspicuous manner and in the same size type as the other statements on the letter requesting emergency contact information that is distributed by the school district to each student or parent or guardian of the student; and
(ii) request that the student or the parent or guardian of the student indicate whether the student's name, address, and telephone number are to be released to military recruiters by checking either the box "release contact information" or "do not release contact information".
b. On or before October first and March first of each school year, the principal of each school shall submit a list to that school's local educational agency that includes the name, address, and telephone number of each student whose contact information is not to be released to military recruiters.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10872-01-7
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 requiring notification to parents and guardians of the ability to opt out of the school's release of information to military recruiters
Purpose or general idea of bill
To provide notice to parents and guardians of their federal statutory right, under the "Every Child Succeeds Act," to remove children's names from various disclosures to military recruiters.
Summary of specific provisions
This bill amends section 305 of the education law by adding subdivision 56.
Subdivision 1 requires school districts to provide notice to students, and to parents or guardians, that they may request that the student's information not be released to military recruiters.
Subdivision 2 provides that such notice must be placed in a clear and conspicuous manner on emergency contact forms disclosed to recruiters by the school.
Subdivision 3 provides that a student and parent or guardian be provided the option to check "disclose" or "do not disclose" on relevant information which would otherwise be disclosed.
Subdivision 4 requires that the principal of a school, on or before October first and March first of each school year, must submit a list to the local educational agency including a list of all of those who have opted out of disclosing information to military recruiters.
Subdivision 5 establishes an immediate effective date.
Justification
The federal "Every Child Succeeds Act" contains a provision requiring high schools to provide the contact information of all of its students to any military recruiter who requests such information. The law also states, however, that students and the parents or guardians of students have the right to remove their name from any list sent to the requesting military recruiters.
This legislation would require that schools include "opt-out" language on their emergency contact forms, thus informing students and parents or guardians of their federal statutory right to prevent their contact information from being disclosed. Such language must be presented clearly and inconspicuously upon the emergency contact form. Additionally, this bill would require schools to submit a list to its local educational agency containing all students who have opted out of these disclosures.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.