New York State Education Law 2-d
Pertains to the unauthorized release of personally identifiable information.
The Board of Regents adopted Part 121 of the Regulations of the Commissioner of Education on January 13, 2020. These rules will implement Education Law Section 2-d and provide guidance to educational agencies and their third-party contractors on ways to strengthen data privacy and security to protect student data and annual professional performance review data. The regulation went through multiple sets of revisions and three rounds of public comments and will go into effect January 29, 2020. It will apply to both charter and traditional public schools.
Parents’ Bill of Rights for Data Privacy and Security
The Hagedorn Little Village School is committed to protecting the privacy and security of each and every student’s data. Parents should be aware of the following rights they have concerning their child’s data.
Privacy and Security for Student, Teacher, and Principal Data
The Hagedorn Little Village School recognizes its responsibility to enact policies that provide privacy for student, teacher and principal data in accordance with law. This is particularly relevant in the context of the administration of student data which is collected, surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.
This policy addresses NYS Education Department’s (the Department or SED) responsibility to adopt appropriate administrative, technical and physical safeguards and controls to protect and maintain the confidentiality, integrity and availability of its data, data systems and information technology resources.
Federal Laws That Protect Students
Family Educational Rights and Privacy Act (FERPA) – The foundational federal law on the privacy of students’ educational records, FERPA safeguards student privacy by limiting who may access student records, specifying for what purpose they may access those records, and detailing what rules they have to follow when accessing the data.
Protection of Pupil Rights Amendment (PPRA) – PPRA defines the rules states and school districts must follow when administering tools like surveys, analysis, and evaluations funded by the US Department of Education to students. It requires parental approval to administer many such tools and ensures that school districts have policies in place regarding how the data collected through these tools can be used.
Children’s Online Privacy Protection Rule (COPPA) – COPPA imposes certain requirements on operators of websites, games, mobile apps or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
Notification of Rights Under The Family Educational Rights and Privacy Act
This is to advise you of your rights with respect to the school records relating to (your son) (your daughter) (you) pursuant to the Federal “Family Educational Rights and Privacy Act of 1974.”
Parents of a student under 18, or a student 18 or older, have a right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns.
Listed below are some resources that can assist parents in maintaining a reasonable level of digital privacy.
- Common Sense Kids Action Common Sense is the nation’s leading nonprofit organization dedicated to improving the lives of all kids and families by providing the trustworthy information, education, and independent voice they need to thrive in the 21st century.
- Common Sense Media Common Sense is the nation’s leading nonprofit organization dedicated to improving the lives of all kids and families by providing the trustworthy information, education, and independent voice they need to thrive in the 21st century.
- Online Privacy and Safety Resources Online privacy and safety resources from NYSED
- Parent Fact Sheet Parent fact sheets from NYSED
- StaySafeOnline National Cybersecurity Alliance: Learn how to protect yourself, your family and your devices with these tips and resources.