NY Educ L § 2-C (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 1 - Short Title and Definitions 2-C - Release of Student Information to Certain Entities.

§  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.