ยง 2-c. Release of student information to certain entities. 1.
Definitions. As used in this section the following terms shall have the
following meanings:
a. "Student information" shall mean personally identifiable
information and biometric records as such terms are defined in section
99.3 of title 34 of the code of federal regulations implementing the
Family Education Rights and Privacy Act, as such federal law and
regulations are from time to time amended, or any other individual
student records and shall also include de-identifiable information which
means a collection of data or information that has been altered with the
goal of making the student or students associated with such data or
information permanently unknowable.
b. "Personally identifiable information" shall mean personally
identifiable information as defined in section 99.3 of title 34 of the
code of federal regulations implementing the Family Education Rights and
Privacy Act, section 1232-g of title 20 of the United States code, as
such federal law and regulations are from time to time amended.
c. "Shared learning infrastructure service provider" or "SLISP" shall
mean any entity that collects, stores, organizes, or aggregates student
information and contracts with or enters into an agreement with the
department for the purposes of providing student information to a data
dashboard operator for use in a data dashboard. Provided that the term
SLISP shall not include boards of cooperative educational services or
regional information centers operated by boards of cooperative
educational services or other public entities.
d. "Data dashboard" shall mean an electronic data system or hosted
software application or applications that is designed to utilize data
and information collected, stored, organized or aggregated by a SLISP
and that is designed to provide, through a contract between a New York
school district and a data dashboard operator, end users such as
educators, students and their families with access to customized student
information with the goal of supporting instruction and student
learning.
e. "Data dashboard operator" shall mean any third party contractor
owning or operating a data dashboard that contracts or otherwise enters
into an agreement to utilize data and information from a SLISP.
f. "Educational agency" shall mean any public school district, board
of cooperative educational services, special act school district, public
school kindergarten program, universal pre-kindergarten programs
authorized pursuant to section thirty-six hundred two-e of this chapter,
publicly funded pre-kindergarten programs, approved preschool special
education programs pursuant to section forty-four hundred ten of this
chapter, approved private school for the education of students with
disabilities and a state supported or state operated school subject to
the provisions of article eighty-five, eighty-seven or eighty-eight of
this chapter.
g. "Student" shall mean any person attending an educational agency
identified in paragraph f of this subdivision.
2. An educational agency may opt out of providing personally
identifiable information to a SLISP or data dashboard operator for the
purpose of creating data dashboards. An educational agency may at any
time request that any personally identifiable information associated
with such agency not be shared or provided to a SLISP or data dashboard
operator. Such request shall be made to the department and upon receipt
of such request, the department shall take all actions necessary to
prevent and prohibit the sharing or providing of such information to any
SLISP or data dashboard operator and that upon receipt of such request,
the department shall take actions to immediately ensure that any
personally identifiable information provided to any SLISP or data
dashboard operator is deleted from such SLISP or operator and destroyed
in a secure manner.
3. The commissioner and the department are hereby prohibited from
providing any student information to a SLISP and the commissioner and
department shall take actions to immediately ensure that any student
information provided to any SLISP shall be deleted from such SLISP and
destroyed in a secure manner.
Structure New York Laws