Data Privacy & Security
Family Educational Records Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (“FERPA”) affords parents/guardians and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, including:
1. The right to inspect and review the student’s education records within 45 days of the day the School District receives a request for access. Parents/guardians or eligible students should submit to the Building Principal a written request that identifies the record(s) they wish to inspect. The Building Principal will make arrangements for access and notify the parent/guardian or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent/guardian or eligible student believes are inaccurate or misleading. Parents/guardians or eligible students may ask the School District to amend a record that they believe is inaccurate or misleading. They should write to the Building Principal, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.
If the School District decides not to amend the record, as requested by the parent/guardian or eligible student, the School District will notify the parent/guardian or eligible student of the decision and advise him/her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School District as an administrator, supervisor, instructor or support staff member (including health or medical staff); a person serving on the Board of Education; a person or company with whom the District has contracted to perform a special task (such as school attorney, auditor, medical consultant or therapist, district’s insurance company, service provider); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the School District discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
4. The right not to have Directory Information disclosed without prior written consent. This School District designates the following items as Directory Information, and may disclose any of these items without prior written consent, unless notified to the contrary, in writing, to your child’s building principal by the parent/guardian or eligible student by September 30, 2022, or within 30 days of registering your child in the South Orangetown Central School District: student’s name, address, telephone number, date and place of birth, major course of study, participation in school activities or sports, weight and height if a member of an athletic team, dates of attendance, degrees and awards received, most recent school attended, class schedule, photograph, e-mail address, enrollment status, and class roster.
6. For High School Students only: The right not to have your child’s name, address, and telephone number disclosed to military recruiters and/or institutions of higher learning without your prior written consent. The No Child Left Behind Act requires the South Orangetown Central School District to disclose to military recruiters and/or institutions of higher learning, upon request, the names, addresses and telephone numbers of high school students, unless you notify the District, in writing, that you do not want such information released by the District without your prior written consent. If you, as a parent/guardian of a high school student, or a student over the age of 18, wish to exercise your option to withhold your consent to the release of the above information to military recruiters and/or institutions of higher learning, you must sign, date and return this form to the High School Principal by September 29, 2023, or within 30 days of registration of your child in the South Orangetown Central School District.
Parents Bill of Rights for Data Privacy and Security
EDUCATION LAW §2-D BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY
8635-E1 APPENDIX “A”
The South Orangetown Central School District is committed to protecting the privacy and security of student data and classroom teacher and building principal data. In accordance with New York Education Law §2-d and its implementing regulations, the District hereby informs the school community of the following:
- A student’s personally identifiable (“PII”) information, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act (“FERPA”) cannot be sold or released for any commercial or marketing purpose. See 34 CFR § 99.3 for a complete definition of what constitutes PII under Education Law Section § 2-d.
- Parents (including legal guardians or personal in parental relationships) have the right to inspect and review the complete contents of their child’s education record. Further,Eligible Students (students who have reached 18 years of age or older) have the right to review the complete contents of their education records stored or maintained by the educational agency.
- State and federal laws and their implementing regulations (such as Education Law § 2-d, with regulations at 8 NYCRRPart 121, FERPA at 12 U.S.C.1232g with regulations at 33CFR Part 99 and the Individuals with Disabilities Education Act [“IDEA”] at 20 U.S.C.1400 et seq., with regulations at 34 CFR Part 300) protect the confidentiality of personally identifiable information.
- Safeguards associated with industry standards and best practices, including but not limited to encryption, firewalls, and password protection, must be in place when PII is stored or transferred.
- A complete list of all student data elements collected by the New YorkState Education Department is available at the following website: www.nysed.gov/data-privacy-security, or by writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234.
- Complaints by parents, eligible students, classroom teachers, building principals or other staff of the educational agency about possible breaches or improper disclosures of PII shall be addressed through the submission of written complaints. Complaints should be directed in writing by completing the form linked here: Improper Disclosure of Data or Breach Incident Form which will be forwarded to firstname.lastname@example.org, the Data Privacy Officer. In addition, complaints may be directed to the Chief Privacy Officer of the New York State Education Department, by mail at 89 WashingtonAvenue, Albany, New York 12234; by email to email@example.com; or by telephone at 518-474-0937.
- Parents, eligible students, classroom teachers and building principals have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs.
- School District employees and officers who have access to PII shall annually receive data privacy and security awareness training. Such training shall include training on state and federal laws that protect PII and how to comply with such laws, as well as applicable policies, and safeguards associated with industry standards and best practices.
- School District contracts with third-party contractors that receive PII will address statutory and regulatory data privacy and security requirements.