S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10795--A

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to amend the education law, in relation to personal information
  in school directories

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section    1.  The  education  law  is amended by adding a new section
3212-b to read as follows:
  S 3212-B. STUDENT DIRECTORY INFORMATION. 1.    A  SCHOOL  DISTRICT  OR
SCHOOL RELATED ASSOCIATION MAY NOT DISCLOSE TO A THIRD PARTY ANY STUDENT
DIRECTORY PERSONAL CONTACT INFORMATION, RELATING TO A STUDENT PREVIOUSLY
OR  CURRENTLY  ENROLLED  AT  A SCHOOL WITHIN SUCH DISTRICT WITHOUT FIRST
OBTAINING THE EXPRESS WRITTEN CONSENT OF  A  STUDENT,  WHO  HAS  REACHED
EIGHTEEN  YEARS OF AGE, OR THE PARENT OR GUARDIAN OF A STUDENT UNDER THE
AGE OF EIGHTEEN.  EXPRESS WRITTEN CONSENT SHALL  BE  OBTAINED  FROM  THE
APPROPRIATE  PARTY  ANNUALLY  AT THE COMMENCEMENT OF THE SCHOOL YEAR AND
EACH YEAR THEREAFTER FOR THE TERM OF THE STUDENT'S ENROLLMENT.   STUDENT
DIRECTORY  PERSONAL  CONTACT  INFORMATION  SHALL  INCLUDE  THE STUDENT'S
ADDRESS, PHONE NUMBER, EMAIL ADDRESS, OR ANY OTHER INFORMATION THAT  MAY
BE  USED  TO  CONTACT  THE  STUDENT  DIRECTLY.  SUCH  INFORMATION MAY BE
PROVIDED TO OFFICIALS OR PERSONNEL WITHIN A SCHOOL DISTRICT OR TO  OFFI-
CIALS  IN  ANOTHER  SCHOOL DISTRICT IN THE CASE OF A MOVE OR TRANSFER OF
SUCH STUDENT OR TO LOCAL, COUNTY, OR STATE AGENCIES WHEN NECESSARY.
  2. A SCHOOL DISTRICT OR SCHOOL RELATED ASSOCIATION MAY DISCLOSE  TO  A
THIRD  PARTY  ANY  STUDENT  DIRECTORY,  NON-PERSONAL CONTACT INFORMATION
RELATING TO A STUDENT PREVIOUSLY OR  CURRENTLY  ENROLLED  AT  A  SCHOOL,
PROVIDED THAT:
  A.  THE  INFORMATION  DISCLOSED CAN NOT BE USED TO CONTACT THE STUDENT
DIRECTLY; AND
  B. THE SCHOOL DISTRICT OR SCHOOL RELATED  ASSOCIATION  FIRST  GIVES  A
STUDENT, WHO HAS REACHED EIGHTEEN YEARS OF AGE, OR THE PARENT OR GUARDI-
AN  OF  A  STUDENT  UNDER THE AGE OF EIGHTEEN, EXPRESS WRITTEN NOTICE OF
THEIR INTENT TO DISCLOSE THIS INFORMATION AND OPPORTUNITY TO OPT-OUT  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14922-07-0

A. 10795--A                         2

HAVING   THEIR   STUDENT  DIRECTORY,  NON-PERSONAL  CONTACT  INFORMATION
DISCLOSED. EXPRESS WRITTEN CONSENT SHALL BE OBTAINED FROM THE  APPROPRI-
ATE  PARTY ANNUALLY AT THE COMMENCEMENT OF THE SCHOOL YEAR AND EACH YEAR
THEREAFTER FOR THE TERM OF THE STUDENT'S ENROLLMENT.  STUDENT DIRECTORY,
NON-PERSONAL CONTACT INFORMATION SHALL INCLUDE BUT NOT BE LIMITED TO THE
STUDENT'S  NAME,  GRADE LEVEL, AGE, DATE AND PLACE OF BIRTH, MAJOR FIELD
OF STUDY, PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND  SPORTS,
WEIGHT  AND  HEIGHT  OF  MEMBERS OF ATHLETIC TEAMS, DATES OF ATTENDANCE,
DEGREES AND AWARDS RECEIVED, AND THE MOST  RECENT  PREVIOUS  EDUCATIONAL
AGENCY OR INSTITUTION ATTENDED BY THE STUDENT.
  S  2. Notwithstanding any other provisions in this act the military as
defined under section one of  the  military  law  and  higher  education
institutions  as defined under section two of the education law shall be
provided a students name, address, and phone number without first having
to acquire consent from the student themselves, if they are  over  eigh-
teen,  or the parent or guardian of a student under eighteen.  Provided,
however, a student themselves, if they are over eighteen, or the  parent
or  guardian of a student under eighteen may request at the commencement
of the school year that the student's name, address,  and  phone  number
not be released to the military or any higher education institutions.
  S 3. This act shall take effect immediately.