§ 2-C — Release of student information to certain entities

§ 2-c. Release of student information to certain entities. 1.\nDefinitions. As used in this section the following terms shall have the\nfollowing meanings:\n a. "Student information" shall mean personally identifiable\ninformation and biometric records as such terms are defined in section\n99.3 of title 34 of the code of federal regulations implementing the\nFamily Education Rights and Privacy Act, as such federal law and\nregulations are from time to time amended, or any other individual\nstudent records and shall also include de-identifiable information which\nmeans a collection of data or information that has been altered with the\ngoal of making the student or students associated with such data or\ninformation permanently unknowable.\n b. "Personally identifiable information" shall mean personally\nidentifiable information as defined in section 99.3 of title 34 of the\ncode of federal regulations implementing the Family Education Rights and\nPrivacy Act, section 1232-g of title 20 of the United States code, as\nsuch federal law and regulations are from time to time amended.\n c. "Shared learning infrastructure service provider" or "SLISP" shall\nmean any entity that collects, stores, organizes, or aggregates student\ninformation and contracts with or enters into an agreement with the\ndepartment for the purposes of providing student information to a data\ndashboard operator for use in a data dashboard. Provided that the term\nSLISP shall not include boards of cooperative educational services or\nregional information centers operated by boards of cooperative\neducational services or other public entities.\n d. "Data dashboard" shall mean an electronic data system or hosted\nsoftware application or applications that is designed to utilize data\nand information collected, stored, organized or aggregated by a SLISP\nand that is designed to provide, through a contract between a New York\nschool district and a data dashboard operator, end users such as\neducators, students and their families with access to customized student\ninformation with the goal of supporting instruction and student\nlearning.\n e. "Data dashboard operator" shall mean any third party contractor\nowning or operating a data dashboard that contracts or otherwise enters\ninto an agreement to utilize data and information from a SLISP.\n f. "Educational agency" shall mean any public school district, board\nof cooperative educational services, special act school district, public\nschool kindergarten program, universal pre-kindergarten programs\nauthorized pursuant to section thirty-six hundred two-e of this chapter,\npublicly funded pre-kindergarten programs, approved preschool special\neducation programs pursuant to section forty-four hundred ten of this\nchapter, approved private school for the education of students with\ndisabilities and a state supported or state operated school subject to\nthe provisions of article eighty-five, eighty-seven or eighty-eight of\nthis chapter.\n g. "Student" shall mean any person attending an educational agency\nidentified in paragraph f of this subdivision.\n 2. An educational agency may opt out of providing personally\nidentifiable information to a SLISP or data dashboard operator for the\npurpose of creating data dashboards. An educational agency may at any\ntime request that any personally identifiable information associated\nwith such agency not be shared or provided to a SLISP or data dashboard\noperator. Such request shall be made to the department and upon receipt\nof such request, the department shall take all actions necessary to\nprevent and prohibit the sharing or providing of such information to any\nSLISP or data dashboard operator and that upon receipt of such request,\nthe department shall take actions to immediately ensure that any\npersonally identifiable information provided to any SLISP or data\ndashboard operator is deleted from such SLISP or operator and destroyed\nin a secure manner.\n 3. The commissioner and the department are hereby prohibited from\nproviding any student information to a SLISP and the commissioner and\ndepartment shall take actions to immediately ensure that any student\ninformation provided to any SLISP shall be deleted from such SLISP and\ndestroyed in a secure manner.\n