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Parents' Bill of Rights

 

To satisfy our responsibilities regarding the provision of services to preschoolers in the State of New York we collect and maintain certain personally identifiable information in the educational records of children. As part of the Common Core Implementation Reform Act, Education Law §2-d requires that Building Blocks Developmental Preschool develop a Parents’ Bill of Rights for data privacy & security. The Parent’s Bill of Rights is published here on this web-site and provided to all BBDPS sub-contractors. The purpose of this Bill of Rights is to inform all of our parents and legal guardians of the legal requirements regarding privacy, security and use of student data. The laws that govern this Parents’ Bill of Rights include the federal Family Education Rights and Privacy Act (FERPA), Personal Privacy Protection Law (PPPL) and the Education Law §2-d.

 

A. The rights of parents under FERPA are summarized in the Model Notification of Rights prepared by the United States Department of Education. It can be accessed at

http://www2.ed.gov/policy/gen/guid/fpco/ferpa /lea-officials.html.

 

Parents’ rights under FERPA include:

  1. The right to inspect and review the student's education records within 45 days after the day the school or school district receives a request for access.
  2. The right to request amendment of the student’s education records that the parent believes are inaccurate, misleading, or otherwise in violation of FERPA.
  3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student’s education records.
  4. Where a school or school district has a policy of releasing “directory information” from students’ records, the parents have the right to refuse to let school/school districts designate any of such information as directory information. (BBDPS does not release directory information from students records.)
  5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.

 

B. The rights of parents’ and guardians under the Personal Privacy Protection Law (PPPL), Article 6-A of the Public Officers Law relating to records held by State agencies is available from the Committee on Open Government of the New York Department of State. Guidance on what you should know about the PPPL can be accessed at http://www.dos.ny.gov/coog/shldno1.html. It imposes duties on State agencies to have procedures in place to protect from disclosure of “personal information,” defined as information which because of a name, number, symbol, mark or other identifier, can be used to identify a “data subject” (in this case the student or the student’s parent).

 

C. Parents’ Rights Under Education Law §2-d relate to unauthorized release of

personally identifiable information. The law applies to personally identifiable information contained in student records of Building Blocks Developmental Preschool. The term personally identifiable information or PII includes, but is not limited to:

(a) The student’s name;

(b) The name of the student’s parent or other family members;

(c) The address of the student or student’s family;

(d) A personal identifier, such as the student’s social security number, student

number, or biometric record;

(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and

Mother’s Maiden Name1;

(f) Other information that, alone or in combination, is linked or linkable to a specific

student that would allow a reasonable person in the school community, who does not

have personal knowledge of the relevant circumstances, to identify the student with

reasonable certainty; or

(g) Information requested by a person who the educational agency or institution

reasonably believes knows the identity of the student to whom the education record

relates.

 

Parents’ Rights under this law include:

 

  1. A student's personally identifiable information cannot be sold or released for any commercial or marketing purposes.
  2. Parents have the right to inspect and review the complete contents of their child's education record.
  3. Procedures must be in place to protect student data. BBDPS has the following safeguards in place to protect student data:
    1. all data bases that contain student information are protected by secure password and login;
    2. student information is only accessible by approved personnel.
    3. All paper files are stored in locked and monitored file cabinets.
    4. BBDPS has compliance documents and specific confidentiality policies and procedures required to be followed by all employees and sub-contractors.

 

Education Law §2-d also limits the collection of data:

 

  1. Only PPI related to educational purposes will be collected.
  2. NYSED may only require BBDPS to submit data when it is required by law.
  3. BBDPS shall not report to NYSED student data regarding juvenile delinquency

            records, criminal records, medical and health records or student biometric   information. Parents may access the NYSED Student Data Elements List, a   complete list of all student data elements collected by NYSED, at

                http://www.p12.nysed.gov/irs/ sirs/documentation/NYSEDstudentData.xlsx , or     

            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, NY 12234.

      4.   Parents have the right to submit complaints to BBDPS about

            possible breaches of student data by employees, third party contractors, officers,   or assignees. Any such complaint must be submitted to the Compliance Officer at     Building Blocks Developmental Preschool, 29 Pinewood Drive, Commack, N.Y.            11725 or with NYSED. Complaints to NYSED should be directed in writing to    the Chief Privacy Officer, New York State Education Department,       89        Washington Avenue, Albany NY 12234, email to CPO@mail.nysed.gov.

 

For more information regarding the laws that govern this Parents’ Bill of Rights please reference the publication at the following web-site:          

 

http://www.p12.nysed.gov/docs/parents-bill-of-rights.pdf

 

 

Below is a Model Notification of Rights Under FERPA for Elementary & Secondary Schools provided by NYS Department of Education. Please reference as needed.

 

Model Notification of Rights under FERPA for Elementary and Secondary Schools

 

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records.  These rights are:

  1. The right to inspect and review the student's education records within 45 days after the day the school receives a request for access.

Parents or eligible students should submit to the school principal [or appropriate school offi­cial] a written request that identifies the records they wish to inspect.  The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

  1. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

Parents or eligible students who wish to ask the school to amend a record should write the school principal or school directors, clearly identify the part of the record they want changed, and specify why it should be changed.  If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

  1. The right to provide written consent before the school discloses personally identifiable information (PII) from 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 as an ad­ministrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as  an attorney, audi­tor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer 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 discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.  [NOTE:  The school will make a reasonable attempt to notify the parent or student of the records re­quest.]

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

See the list below of the disclosures that elementary and secondary schools may make without consent.

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure.  Parents and eligible students have a right to inspect and review the record of disclosures.  A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

  • To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests.  This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34.  (§99.31(a)(2)) 
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA).  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.  (§99.31(a)(4))
  • To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
  • To organizations conducting studies for, or on behalf of, the school, in order to:  (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction.  (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions.  (§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10)
  • Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))