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Nov 22, 2017
Charlton Heights Elementary SchoolPashley Elementary SchoolStevens Elementary SchoolO'Rourke Middle SchoolBH-BL High School

Parent Resources: Student Data Privacy

separating rule

Student Data Privacy Officer

Tracy Falvo  

BH-BL High School

Student Data Privacy Officer Objective

To monitor issues related to the protection of student educational data.

2017 CIO Program Presentation

Responsibilities

Monitor data that the School District is required to submit to New York State Education Department (NYSED) or to any NYSED sanctioned outside entity.

Make a report in public session once a year that informs the public of the data that the School District is required to submit to New York State Education Department (NYSED) or to any NYSED sanctioned outside entity.

Notify the Superintendent of Schools and the Board of Education whenever the NYSED or any other outside agency sanctioned by NYSED requests additional data/data fields from the School District.

Ensure that the district is complying with all Federal and State requirements for data privacy and parental notification/opt-out procedures.

88 Lakehill Road

Burnt Hills, NY 12027

(518) 399-9141, ext. 83255

tfalvo@bhbl.org

 

Family Educational Rights & Privacy Act (FERPA)

The district complies with the Family Educational Rights and Privacy Act (FERPA). Parents and 18-year-old students may inspect official records relating to them including progress reports, grades, aptitude and achievement test scores, psychological tests, and teacher evaluations. A record may be challenged by parents or 18 year olds when they believe it to be inaccurate or misleading. The principal may remove designated material if in agreement with the challenge. Definitions of school official and additional procedures under FERPA can be found in the Board of Education Policy Manual.

Individual student records are confidential and are not released to colleges, employers, or elsewhere without written permission, subject to the following exceptions. District schools may forward educational records to other schools that have requested them and in which a BH-BL student seeks or intends to enroll. What the law refers to as directory information may be made public for school purposes unless a parent informs us in writing that they do not want this information made public. Directory information that we may make public includes: a student’s name, address, phone number, grade level, honor or award received, dates of attendance, photograph, age, membership in a school athletic team, activity or club, and (for athletes only) height and weight. Directory information is primarily made public so that students’ accomplishments can be included in various publications such as a concert program, yearbook, or honor roll.

As required by federal law, the high school provides a list of senior class member names, addresses and phone numbers to the military services—unless parents inform the high school principal in writing by September 15 that they do not want their child included in such lists.

Parents and 18-year-old students have the right to opt out of the disclosure of directory information by contacting their school principal. Parents should also inform the Superintendent if they do not wish their child’s likeness to be included on the district website, Facebook page or in occasional photos or videos taken by the media or district staff for school-related purposes.

Also, in accordance with the federal Protection of Pupil Rights amendment, the district hereby notifies parents that our schools may occasionally conduct student surveys that touch on topics such as political affiliation, income, or beliefs or religious practices of the student. In such cases, a letter will be sent home explaining parent rights to opt a child out from such a survey before it is conducted.

Questions about school policies in connection with family rights and privacy laws can be addressed to building principals or the Superintendent.

Parents Bill of Rights for Data Privacy & Security

The BH-B School District is committed to ensuring student privacy in accordance with local, state and federal regulations and district policies. [STUDENT PRIVACY - POLICY 5500] To this end and pursuant to U.S. Department of Education (DOE) regulations (Education Law §2-d), the district is providing the following Parents’ Bill of Rights for Data Privacy and Security:

  • A student’s personally identifiable information cannot be sold or released for any commercial or marketing purposes.
  • Parents have the right to inspect and review the complete contents of their child’s education record, including any student data maintained by the BH-BL School District. This right of inspection of records is consistent with the federal Family Educational Rights and Privacy Act (FERPA). Under the more recently adopted regulations (Education Law §2-d), the rights of inspection are extended to include data, meaning parents have the right to inspect or receive copies of any data in their child’s educational record. The New York State Education Department (SED) will develop further policies and procedures related to these rights in the future.
  • State and federal laws protect the confidentiality of personally identifiable information 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.
  • A complete list of all student data elements collected by the state is available for public review in an Excel file at http://www.p12.nysed.gov/irs/sirs/documentation/NYSEDstudentData.xlsx or in a PDF file. Parents may also obtain a copy of this list by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, N.Y. 12234.
  • Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to: Student Data Privacy Officer Tracy Falvo, BH-BL High School, 88 Lakehill Road, Burnt Hills, NY 12027. (518) 399-9141, ext. 83255 or tfalvo@bhbl.org. Complaints to SED should be directed to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; the e-mail address is cpo@mail.nysed.gov. SED’s complaint process is under development and will be established through regulations from the department’s chief privacy officer, who has yet to be appointed.

 

Additional student data privacy information

This bill of rights is subject to change based on regulations of the commissioner of education and the SED chief privacy officer, as well as emerging guidance documents from SED. For example, these changes/additions will include requirements for districts to share information about third-party contractors that have access to student data, including:

  • How the student, teacher or principal data will be used;
  • How the third-party contractors (and any subcontractors/ others with access to the data) will abide by data protection and security requirements;
  • What will happen to data when agreements with third-party contractors expire;
  • If and how parents, eligible students, teachers or principals may challenge the accuracy of data that is collected; and
  • Where data will be stored to ensure security and the security precautions taken to ensure the data is protected, including whether the data will be encrypted.

 

More information

If you would like more information, please contact: Student Data Privacy Officer Tracy Falvo, BH-BL High School, 88 Lakehill Road, Burnt Hills, NY 12027. (518) 399-9141, ext. 83255 or tfalvo@bhbl.org. More information is also available on the following websites:

 

 

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