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Restricting School Use of Student Social Security Numbers
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Increasing concerns about the privacy of personal data has prompted Congress to consider legislation to address the misuse of Social Security numbers (SSNs), and one state, New York, to pass a law restricting their use by schools.
Federal Law
According to the Privacy Rights Clearinghouse, a nonprofit consumer information and advocacy program:
Schools that receive federal funding must comply with the Family Educational Rights and Privacy Act in order to retain their funding (FERPA, also known as the “Buckley Amendment,” enacted in 1974, 20 U.S.C. 1232g). One of FERPA’s provisions requires written consent for the release of educational records or personally identifiable information, with some exceptions. The courts have stated that Social Security numbers fall within this provision. FERPA applies to state colleges, universities and technical schools that receive federal funding. An argument can be made that if such a school displays students’ SSNs on identification cards or distributes class rosters or grades listings containing SSNs, it would be a release of personally identifiable information, violating FERPA. However, many schools and universities have not interpreted the law this way and continue to use SSNs as a student identifier. Social Security numbers may be obtained by colleges and universities for students who have university jobs and/or receive federal financial aid (FERPA text can be found at www.cpsr.org/cpsr/privacy/ssn/ferpa.buckley.html). Public schools, colleges and universities that ask for an SSN fall within the provisions of another federal law, the Privacy Act of 1974. That Act requires such schools to provide a disclosure statement telling students how the Social Security number is used.
This SSL draft is based on New York law. This draft prohibits the use by public or private schools and colleges of student Social Security numbers as student identification numbers or for any student identification purposes.
Submitted as: New York Chapter 214 of 2000 Status: enacted into law in 2000.
Suggested Legislation
(Title, enacting clause, etc.)
Section 1. [Short Title.] This Act may be cited as “An Act Prohibiting the Use of Social Security Numbers as Student Identification Numbers.”
Section 2. [Use of Student Social Security Numbers Restricted.] No public or private elementary or secondary school or college as defined in [insert citation] shall display any student’s social security number to identify such student for posting or public listing of grades, on class rosters or other lists provided to teachers, on student identification cards, in student directories or similar listings, or, unless specifically authorized or required by law, for any public identification purpose.
9 10 11 12 13 14 Section 3. [Severability.] [Insert severability clause.]
Section 4. [Repealer.] [Insert repealer clause.]
Section 5. [Effective Date.] [Insert effective date.]
