New York Senate Bill S03641

New York 2025-2026 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25
• Refer: 1/7/26

Caption

Enacts the "pupil privacy act" which requires schools to notify the parents or legal guardians of every student when a student protected information survey will be administered and provide such parent or legal guardian the opportunity to opt their child out of taking such survey.

Summary

S03641 would create a new article in the Education Law called the "Pupil Privacy Act." It defines a "student protected information survey" as any survey asking personalized, specific questions about a student’s or parent/guardian’s attitudes, beliefs, or experiences concerning health, mental health, sexual behavior, gender identification, religious practices or beliefs, or family dynamics. The bill applies to public, private, charter, and certain other K-12 schools in New York. The bill requires schools to give parents or legal guardians at least 15 school days’ notice before administering such a survey. That notice must explain the survey’s purpose, state whether it is part of the health or general education curriculum or unrelated to either, and include the exact survey questions as they will appear. Schools must also provide a clear mechanism for parents or guardians to opt their child out, and they must accept opt-out requests up until the survey is administered. The act would take effect immediately.

Impact

The bill would add new parental-notice and opt-out requirements to the Education Law for K-12 schools administering certain sensitive surveys. It would affect how schools collect information on students and families in areas such as health, mental health, sexuality, gender identity, religion, and family life, and would likely require schools to revise survey policies, consent procedures, and communications with families. By mandating disclosure of the exact questions and an opt-out process, the bill would limit schools’ ability to administer these surveys without advance parental awareness.

Sentiment

Based on the bill’s sponsors and the absence of recorded opposition in the provided materials, the measure appears to be framed positively by its supporters as a pupil-privacy and parental-rights bill. The sponsor list suggests backing from senators who may be concerned about transparency and family control over sensitive student data. No committee transcript or vote record is provided, so there is no documented floor or committee debate to indicate broader support or opposition.

Contention

The main point of contention is likely the balance between parental rights and school autonomy in collecting sensitive student information. Supporters would view the bill as protecting children and ensuring parents are informed before surveys touch on intimate topics, while critics may argue it could interfere with school climate surveys, health-related data collection, or efforts to identify student needs in areas like mental health and family stress. Another possible concern is the breadth of the definition of protected surveys, which could capture a wide range of questionnaires and create administrative burdens for schools.