ED LAW 2-D PARENTS BILL OF RIGHTS FOR DATA PRIVACY AND SECURITY

Data Protection Officer: Denise Rose

132 Wyckoff Road, Gilboa, NY 12076

drose@gccs.us

(607) 588-7541

The Gilboa-Conesville Central School District is committed to ensuring student privacy in accordance with local, state and federal regulations and district policies. To this end and pursuant to U.S. Department of Education (DOE) regulations (Education Law §2-d), the district is providing the NYS Education Department’s Education Law §2-d Bill of Rights for Data Privacy and Security.

Parents [1] and eligible students can expect the following:

1. A student’s personally identifiable information (PII) [2] 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 [3] 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. Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.

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 the Code of Federal Regulations (CFR) 34, Section 99.3 implementing the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g(a)(5)(A), and, as applied to teacher or principal data, means “personally identifying information” from District record relating to the Annual Professional Performance Reviews of classroom teachers or principals that is confidential and not subject to release under the provisions of Education Law Section 3012-d.

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.