S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7484
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the  education  law, in relation to establishing the
   "pupil privacy act"
 
   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 article 18 to
 read as follows:
                                ARTICLE 18
                             PUPIL PRIVACY ACT
 SECTION 850. SBORT TITLE.
         851. DEFINITIONS.
         852. STUDENT PROTECTED INFORMATION SURVEYS; NOTIFICATION; OPTING
                OUT.
   § 850. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "PUPIL PRIVACY ACT".
   § 851. DEFINITIONS.  FOR  THE  PURPOSES  OF THIS ARTICLE THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SCHOOL" SHALL MEAN ANY PUBLIC, PRIVATE OR CHARTER SCHOOL  AND  ANY
 SCHOOL  ESTABLISHED PURSUANT TO CHAPTER EIGHT HUNDRED FIFTY-THREE OF THE
 LAWS OF NINETEEN HUNDRED SEVENTY-SIX OR SECTION FOUR THOUSAND TWENTY-ONE
 OF THIS CHAPTER THAT OFFERS INSTRUCTION TO PUPILS ENROLLED IN KINDERGAR-
 TEN THROUGH TWELFTH GRADE; AND
   2. "STUDENT INFORMATION  PROTECTED  SURVEY"  SHALL  MEAN  ANY  STUDENT
 SURVEY  THAT  CONTAINS ONE OR MORE PERSONALIZED AND SPECIFIC QUESTION OR
 QUESTIONS RELATED TO A STUDENT'S, PARENT'S OR LEGAL GUARDIAN'S  PERSONAL
 ATTITUDES,  BELIEFS,  OR  EXPERIENCES  RELATED  TO  ANY OF THE FOLLOWING
 SUBJECT AREAS:  HEALTH; MENTAL HEALTH; SEXUAL BEHAVIOR; GENDER IDENTIFI-
 CATION; RELIGIOUS PRACTICES, AFFILIATIONS, OR BELIEFS; OR FAMILY  DYNAM-
 ICS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10376-02-3
 A. 7484                             2
              

 
   §  852.  STUDENT  PROTECTED  INFORMATION SURVEYS; NOTIFICATION; OPTING
 OUT.  1. NO LATER THAN FIFTEEN SCHOOL  DAYS  PRIOR  TO  ADMINISTERING  A
 STUDENT  PROTECTED INFORMATION SURVEY, A SCHOOL SHALL NOTIFY THE PARENTS
 OR LEGAL GUARDIANS OF EVERY STUDENT THAT SUCH SURVEY  WILL  BE  DISTRIB-
 UTED.
   2. SUCH NOTICE SHALL:
   (A)  EXPLAIN  THE  PURPOSE OF THE SURVEY AND SHALL CLARIFY WHETHER THE
 SURVEY IS PART OF THE HEALTH OR OTHER GENERAL  EDUCATION  CURRICULUM  OR
 UNRELATED TO EITHER;
   (B)  PROVIDE  THE EXACT CONTENT OF THE SURVEY QUESTIONS INCLUDING EACH
 QUESTION AS IT WILL APPEAR IN THE SURVEY; AND
   (C) PROVIDE PARENTS AND LEGAL GUARDIANS THE OPPORTUNITY TO  OPT  THEIR
 CHILD OUT FROM PARTICIPATING.
   3.  PURSUANT  TO  PARAGRAPH  (C)  OF  SUBDIVISION TWO OF THIS SECTION,
 PARENTS AND LEGAL GUARDIANS SHALL BE PROVIDED WITH A  MECHANISM  TO  OPT
 THEIR  CHILD  OUT  OF COMPLETING A STUDENT PROTECTED INFORMATION SURVEY.
 EACH SCHOOL SHALL DETERMINE THE MOST EFFECTIVE MECHANISM TO UTILIZE  FOR
 SUCH  PROCESS  AND  SUCH  MECHANISM  SHALL  BE CLEARLY DELINEATED IN THE
 APPLICABLE NOTICE. EVERY SCHOOL SHALL PERMIT RECEIPT OF  SUCH  NOTIFICA-
 TION  BY  THE  PARENT OR LEGAL GUARDIAN UP UNTIL THE TIME SUCH SURVEY IS
 ADMINISTERED.
   § 2. This act shall take effect immediately.