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A02388 Summary:

BILL NOA02388
 
SAME ASSAME AS S04203
 
SPONSORHyndman
 
COSPNSR
 
MLTSPNSR
 
Amd §2-d, Ed L
 
Allows non-profit national assessment providers to license data to accredited colleges, scholarship organizations and non-profit educational programs for the purpose of providing access to employment, scholarship, financial aid, and postsecondary educational opportunities.
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A02388 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2388
 
SPONSOR: Hyndman
  TITLE OF BILL: An act to amend the education law, in relation to allowing non-profit national assessment providers to license data for certain purposes   PURPOSE: This bill clarifies that high school students retain their right to opt into programs provided by non-profit organizations that connect them with higher education and scholarship organizations.   SUMMARY OF PROVISIONS: Section 1 amends subdivision 7 of section 2-d of the education law by adding a new paragraph e. to permit the licensing of data at the request of high school students by non-profit national assessment providers and sharing that data with accredited colleges and universities, scholarship organizations and non-profit educational programs provided such organ- izations are required to maintain the security of such data and are subject to strict limitations on its use and disclosure. Section 2 sets the effective date   EXISTING LAW: Under current education law provisions in section 2 D of the education Law, as implemented by the Board of Regents in Part 121 get the cite, there is uncertainty as whether students can opt into the college search services provided by non-profit national assessment providers such as The College Board or ACT.   JUSTIFICATION: In 2014 a statute protecting the privacy of New York State student data (contained in the 2014-15 state budget bill, Chapter 56 of 2014) was adopted. While this legislation has had value in protecting student data it may also have the profound and unintended consequence of thousands fewer students enrolling at colleges and universities in New York. It is therefore critical that the law be amended to clarify that students retain the ability to affirmatively opt into college and scholarship search services provided by non-profit organizations. Since 1972 Student Search Services has played a critical role in helping students discover colleges they may not have considered and connects them to the largest scholarship organizations in the country. Student Search is a free-to-students, voluntary program that students can opt in to. Colleges and universities across the state use programs such as Student Search Service as an essential tool to help them recruit a full and well-rounded diverse student body. These critical college and scholar- ship information services are at risk of being ended as a result of the chapter 56 of 2014 and regulations recently adopted by the Board of Regents. Only accredited colleges, universities, non-profit scholarship and non-profit access organizations can license the data of students who have opted in, and must agree to strict rules protecting student priva- cy, including: student data can only be used for non-commercial educa- tion purposes, student information cannot be shared with third parties, and they must agree to destroy the data once the agreement expires. Research shows that students who opt-in to Search are 25% more likely to enroll in a four-year college and 31% more likely to complete a BA in four years compared to identically prepared students who do not opt-in to Search. If New York State students are prevented from having the opportunity to opt in and participate in Student Search - a likely outcome given how school/district respond to the ambiguity in the revised Regents regulations it is projected that nearly 25,000 fewer students per graduating cohort will attend four-year colleges. 13,800 (or 56%) of these students will come from underrepresented backgrounds - first generation, underrepresented minorities or from rural areas. Additionally, the elimination of Student Search in New York is projected to decrease the state's four-year college enrollment rate by 12.3 percentage points (from 53.1% to 40.8%). Fewer enrollees in four-year colleges means fewer bachelor's degree holders in New York. Projected BA completion rates (within five years of high school graduation) in New York would decline by 5.2 percentage points, amounting to 10,466 fewer New Yorkers per high school graduation cohort without BA degrees. Based on the $400,000 "college premium" per individual over the course of a lifetime, this decline translates into $4.2 billion in lost lifetime earnings per cohort without Search. Given the profound impact the COVID pandemic has had on student's ability to visit colleges, attend college fairs and colleges and universities inability gather students or visit high schools, now more than ever it is critical that we protect this important opportunity for students and colleges to connect. Therefore, we deem it necessary and appropriate to amend section 2D of the educa- tion law to protect search and similar services provided by non-profit college entrance assessment organizations and scholarship organizations to ensure that we continue to expand higher education opportunities for New York State students.   LEGISLATIVE HISTORY: 2021-22: A.7421   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: Immediately
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A02388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2388
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2023
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation  to  allowing  non-profit
          national assessment providers to license data for certain purposes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 7 of  section  2-d  of  the  education  law  is
     2  amended by adding a new paragraph e to read as follows:
     3    e.  Nothing in this section shall limit non-profit national assessment
     4  providers, based on the express opt-in consent of the student  given  in
     5  response  to clear and conspicuous notice, from licensing data solely to
     6  accredited colleges, scholarship  organizations  and  non-profit  educa-
     7  tional programs for the purpose of providing access to employment, scho-
     8  larship,  financial  aid,  and  postsecondary  educational opportunities
     9  provided such organizations are required to  maintain  the  security  of
    10  such  data  and are subject to strict limitations on its use and disclo-
    11  sure.
    12    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07015-01-3
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