2023 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.