The NYS Education Department’s Education Law §2-d Bill of Rights for Data Privacy and Security
New York State Education Law Section 2-d and the Family Educational Rights and Privacy Act provide clear protections for student data, and Glens Falls City Schools are committed to complying with all applicable laws. The New York State Department of Education has committed to promoting the least intrusive data collection policies practicable that advance the goals of improving academic achievement, empowering parents with information and advancing efficient and effective school operations while minimizing the collection and transmission of personally identifiable information.
Part 121 Regulations are designed to increase information security measures to safeguard the Personally Identifiable Information (PII) of students and certain school personnel. The regulations outline requirements for educational agencies and their third-party contractors to ensure the security and privacy of such protected information and were developed in consultation with stakeholders and the public.
Parents’ Bill Of Rights For Data Privacy And Security
The Glens Falls City School District is committed to protecting the privacy and security of student, teacher, and principal data. In accordance with New York Education Law § 2-d, Parents and eligible students can expect the following:
1. A student’s personally identifiable information (PII) cannot be sold or released for any commercial purpose.
2. The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency.
3. State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, that protect the confidentiality of a student’s PII, and safeguards associated with industry standards and best practices, including but not limited to, encryption, firewalls, and password protection, must be in place when data is stored or transferred.
4. A complete list of all student data elements collected by NYSED is available for public review at www.nysed.gov/data-privacy-security, and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
5. The right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints may be submitted to NYSED online at www.nysed.gov/data-privacy-security, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, by email to privacy@nysed.gov, or by telephone at 518-474-0937.
6. To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.
7. Educational agency workers that handle PII will receive training on applicable state and federal laws, the educational agency’s policies, and safeguards associated with industry standards and best practices that protect PII.
8. The Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.
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1 “Parent” means a parent, legal guardian, or person in parental relation to a student. These rights may not apply to parents of eligible students defined as a student eighteen years or older. “Eligible Student” means a student 18 years and older.
2 “Personally identifiable information,” as applied to student data, means personally identifiable information as defined in section 99.3 of title thirty-four of the code of the federal regulations implementing the family educational rights and privacy act, section twelve hundred thirty-two-g of title twenty of the United States code, and, as applied to teacher or principal data, means “personally identifying information” as such term is used in subdivision ten of section three thousand twelve-c of this chapter.
3 Information about other state and federal laws that protect student data such as the Children’s Online Privacy Protection Act, the Protection of Pupil Rights Amendment, and NY’s Personal Privacy Protection Law can be found at http://www.nysed.gov/student-data-privacy/federal-laws-protect-student-data.
Family Educational Rights and Privacy Act (FERPA) in Glens Falls City Schools
FERPA provides the following rights to parents of students enrolled in district schools (these rights transfer from the parent to the student once he/she turns 18 or is attending college):
1. You may inspect and review your child’s education records, by contacting the school principal, who will arrange for you to inspect them within 45 days. You may obtain a copy of any record by giving the principal a request that specifically identifies the record you want copied. The copies will be made within a reasonable time after your request is received; you may be charged .25 cents per page for the copies.
2. You may seek amendment of your child’s records if you believe they are inaccurate or in violation of the student’s privacy or other rights, by contacting the district Records Access Officer. You should tell the officer what specific portions of your child’s records you believe are inaccurate, misleading or a violation of privacy rights, and how you want them amended. If the officer determines that the record should not be amended, you have the right to a hearing to review that determination; the process for requesting a hearing will be explained to you at the time of the officer’s determination.
3. The district cannot generally disclose personally identifiable information contained in your child’s records to anyone outside the district without your consent. The district will disclose your child’s records to school officials only if they are providing educational services to your child, or otherwise need access to the information in those records in order to perform the work of the district. School officials include: administrators, teachers, and support staff employed by the district; Board of Education members; a parent or student serving on a district body such as the Committee on Special Education or the Student Senate; or any individual or company such as a law firm, medical consultant or specialist which contracts to provide services to the district or its students. The district will forward your child’s records to other educational agencies or institutions, including other school districts, in which your child seeks or intends to enroll, or from which your child is receiving services, upon the request of the agency or institution. You may request a copy of any record which has been sent to such an agency or institution, and you may seek amendment of any such record as described in Section 2 of this Notice.
4. If you believe the school district has not complied fully with FERPA or its regulations, you may file a complaint with the Family Policy Compliance Office, U.S. Department of Education, Washington D.C., 20202-4605. Procedures for filing this complaint can be obtained from the Records Access Officer. The district’s Records Access Officer is Paul Jenkins, Glens Falls City School District, 15 Quade Street, Glens Falls, NY 12801. His phone number is 518-792-1212.
Student Privacy
Under the Protection of Pupil Rights Amendment (PPRA), parents have the right to inspect and opt their child out of any student survey that reveals information about personal attitudes, behaviors or beliefs. Parents also have the right to receive notice of and opt their child out of any activities that involve the collection, disclosure or use of a student’s personal information for marketing purposes and out of any non-emergency, invasive physical exam or screening, except for hearing, vision and scoliosis screenings or as permitted or required by state law.
Release of student information to military recruiters
Pursuant to the federal No Child Left Behind Act, the school district must disclose to military recruiters and institutions of higher learning, upon request, the names, addresses and telephone numbers of our high school junior and senior students. This information is routinely used by members of the Armed Services (Army, Navy, Air Force, Marine Corps) as well as colleges and vocational schools.
However, parents or students may request, in writing, that the district not release such information. Parents, or students who are at least 18 years old, wishing to exercise their option to withhold their consent to the release of this information must contact the high school main office by September 30 of the current school year. After this date, the school will be expected to release the information when requested.
Should you have any questions regarding this request, or if you are in need of further information, please feel free to contact the school at 518-792-6564.