Data Privacy and Security
Supplemental Information for Third Party Contractors
All products listed under the North Merrick UFSD Bill of Rights Supplemental Information page have vendor-signed Bill of Rights Education Law 2-d compliant agreements on file through June 30, 2024. This list is a work in progress and will be updated on a periodic basis.
District Protection Officer: Marie Donnelly, Assistant Superintendent for Business & Operations
516-292-3696
- Access to School Records
- Computer Use in Education
- Parents' Bill of Rights for Data Privacy and Security
- FERPA Annual Notification to Parents
- Federal Laws that Protect Students
- NYS Education Law 2-d: Release of Personally Identifiable Information (PII)
- District Policy on Data Privacy and Security
- Related Policies and Regulations
- Parent Resources
Access to School Records
Parents have the right to review and obtain copies of their student's school records and limit third parties' access to the records. It is advisable for parents to inspect the student's education records periodically.
Definition
Student records consist of all "records, files, documents, and other materials which contain information directly relating to a student and which are maintained by an educational agency" including, but not limited to discipline folders, psychological reports, health files, grade reports, or other records contained or found in a cumulative folder.
Rights of Access with Consent
A parent, guardian, or individual acting a a parent of a student in the absence of a parent or guardian, has rights of access and consent under FERPA. Either parent has a right of access to a child's records unless a court order, state law, or "legally binding document relating to such matters as divorce, separation, or custody," provides otherwise.
Third Party with Consent
An educational institution cannot disclose personally identifiable information to a third person (e.g. attorney, friend, lay advocate, relative, social worker, etc.) unless it has first received written consent from the parent. The written consent must be signed and dated and must specify the following:
The records to be disclosed;
The purpose of the disclosure;
The party to whom the disclosure is to be made.
Rights of Access without Consent
School officials need not obtain prior parental consent before releasing records to the following:
Other school officials, including teachers in same school district who have "legitimate educational interests;"
Officials in a school district to which the child intends to or seeks to enroll;
Various state and national education agencies for federal program monitoring purposes;
Student financial aid officials, only to the extent necessary to determine eligibility for such aid, the amount of the aid, the conditions for the aid, or to enforce their terms and conditions of the aid;
Anyone to whom the school is required to report information pursuant to a state law in effect before November 19, 1974;
Research organizations including federal, state, and local agencies, provided the study is done in a manner which guarantees the confidentiality of the information gathered;
Accrediting organizations;
Officials in a health or safety emergency where such information is necessary to protect the health or safety of students or others;
Other persons in compliance with a lawful court order or subpoena provided the educational institution makes a reasonable effort to notify the parent before complying.
Procedure
Parents or guardians may view their child's records by contacting the principal's office and scheduling an appointment with the principal who will review and interpret all requested records with the parents. Requests will be granted within 45 days.
Parents or guardians may request copies of records by completing an Access of School Record Form which must be approved by the Superintendent of Schools. The District may charge a fee of twenty-five ($ .25) cents per page.
Challenging Information in School Records
A parent may request that a school amend or delete any information believed to be inaccurate or misleading, or which violates the privacy or other rights of the student. A school district's decision whether or not to amend the record must be made within a reasonable period of time.
If the school district refuses to amend or delete information in a school record, it must inform the parent that he or she has the right to comment on the contested information in the record and/or state why he or she disagrees with the school district's decision
Computer Use in Education
The North Merrick Board of Education is committed to optimizing student learning and teaching. The Board considers student access to a computer network, including the Internet, to be a powerful and valuable educational and research tool, and encourages the use of computers and computer-related technology in district classrooms solely for the purpose of advancing and promoting learning and teaching.
The computer network can provide a forum for learning various software applications and through online databases, bulletin boards and electronic mail, can significantly enhance educational experiences and provide statewide, national and global communication opportunities for staff and students. The computer network is not to be used by staff, employees, or students for any use other than sending or receiving communications from parents of students in relation to educational issues regarding the children.
All users of the district’s computer network and the Internet must understand that use is a privilege, not a right, and that use entails responsibility.
The Superintendent of Schools shall establish regulations governing the use and security of the district's computer network. All users of the district’s computer network and equipment shall comply with this policy and those regulations. Failure to comply may result in disciplinary action as well as suspension and/or revocation of computer access privileges.
The Superintendent shall be responsible for designating a computer network coordinator to oversee the use of district computer resources. The computer coordinator will prepare in-service programs for the training and development of district staff in computer skills, and for the incorporation of computer use in appropriate subject areas.
The Superintendent, working in conjunction with the designated purchasing agent for the district, the computer network coordinator, the district administrators for business and instruction will be responsible for the purchase and distribution of computer software and hardware throughout district schools. They shall prepare and submit for the Board's approval a comprehensive multi-year technology plan which shall be revised as necessary to reflect changing technology and/or district needs.
Parents' Bill of Rights for Data Privacy and Security
FERPA Annual Notification to Parents
Notification of Rights under the Family Educational Rights and Privacy Act (FERPA)
This is to advise you of your rights with respect to the school records relating to (your son) (your daughter) 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.
A parent of a student under 18 years of age or a student 18 years of age or older shall make a request for access to a child’s (his/her own) school records, in writing, to the Elementary Principal of the building to which such student is assigned or the Guidance Counselor in the Secondary School. Upon receipt of such request, arrangements shall be made to provide access to such records within a reasonable period of time, but in no case, no more than forty-five (45) days after the request has been received.
If information contained in the student’s record is believed to be inaccurate or misleading, the parent or eligible student should write the Principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the district decides not to amend the record as requested, the parent or eligible student will be notified of the decision and advised 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.
Student records and any material contained therein which is personally identifiable are confidential and may not be released or made available to persons other than parents or student without the written consent of such parents or student. There are a number of exceptions to this rule, such as other school employees and officials, and certain State and Federal officials, who have a legitimate educational need for access to such records in the course of their employment. In addition, the district will disclose, upon request, education records to officials of another school district in which a student seeks or intends to enroll.
Objection to Release of Directory Information Designations
The Board of Education of the North Merrick U.F.S.D. has designated certain categories of student information as “directory information.” Directory information includes a student’s name, address, telephone number, and photograph.
A parent/guardian will have 14 days to notify the district of any objections they have to any of the “directory information” designations. For your convenience, you may note your objections to the release of directory information on this form and return it to the Building Principal.
[ ] Please do not release directory information without my prior consent.
______________ _________________________________________________
Name of Student Name of Parent/Person in Parental Relationship
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 must follow when accessing the data.
Protection of Pupil Rights Amendment ((PPRA) - This amendment defines the rules that states and school districts must follow when administering tools like surveys, analysis and evaluations of students that are funded by the United States Department of Education. It requires parental approval to administer such tools and ensures that school districts have policies in place regarding how the data collected from these tools can be used.
Children's Online Privacy Protection Rule (COPPA) - This rule imposes certain requirements on operators of websites, games, mobile apps, or online services directed to children under 13 years old, 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.
NYS Education Law 2-d: Release of Personally Identifiable Information (PII)
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 third-party contractors on ways to strengthen data privacy and security to protect student data and annual professional performance review data. The regulations went through multiple sets of revisions and three rounds of public comment and went into effect January 29, 2020. It applies to both charter and traditional public schools. Members of the Data Privacy Advisory Council implemented the planning and drafting work groups to support the Department's Chief Privacy Officer through this process.
District Policy on Data Privacy and Security
Parents have the right to review and obtain copies of their student's school records and limit third parties' access to the records. It is advisable for parents to inspect the student's education records periodically.
Definition
Student records consist of all "records, files, documents, and other materials which contain information directly relating to a student and which are maintained by an educational agency" including, but not limited to discipline folders, psychological reports, health files, grade reports, or other records contained or found in a cumulative folder.
Rights of Access with Consent
A parent, guardian, or individual acting a a parent of a student in the absence of a parent or guardian, has rights of access and consent under FERPA. Either parent has a right of access to a child's records unless a court order, state law, or "legally binding document relating to such matters as divorce, separation, or custody," provides otherwise.
Third Party with Consent
An educational institution cannot disclose personally identifiable information to a third person (e.g. attorney, friend, lay advocate, relative, social worker, etc.) unless it has first received written consent from the parent. The written consent must be signed and dated and must specify the following:
The records to be disclosed;
The purpose of the disclosure;
The party to whom the disclosure is to be made.
Rights of Access without Consent
School officials need not obtain prior parental consent before releasing records to the following:
Other school officials, including teachers in the same school district who have "legitimate educational interests;"
Officials in a school district to which the child intends to or seeks to enroll;
Various state and national education agencies for federal program monitoring purposes;
Student financial aid officials, only to the extent necessary to determine eligibility for such aid, the amount of the aid, the conditions for the aid, or to enforce their terms and conditions of the aid;
Anyone to whom the school is required to report information pursuant to a state law in effect before November 19, 1974;
Research organizations including federal, state, and local agencies, provided the study is done in a manner which guarantees the confidentiality of the information gathered;
Accrediting organizations;
Officials in a health or safety emergency where such information is necessary to protect the health or safety of students or others;
Other persons in compliance with a lawful court order or subpoena provided the educational institution makes a reasonable effort to notify the parent before complying.
Procedure
Parents or guardians may view their child's records by contacting the principal's office and scheduling an appointment with the principal who will review and interpret all requested records with the parents. Requests will be granted within 45 days.
Parents or guardians may request copies of records by completing an Access of School Record Form which must be approved by the Superintendent of Schools. The District may charge a fee of twenty-five ($ .25) cents per page.
Challenging Information in School Records
A parent may request that a school amend or delete any information believed to be inaccurate or misleading, or which violates the privacy or other rights of the student. A school district's decision whether or not to amend the record must be made within a reasonable period of time.
If the school district refuses to amend or delete information in a school record, it must inform the parent that he or she has the right to comment on the contested information in the record and/or state why he or she disagrees with the school district's decision.
Related Policies and Regulations
Parent Resources
-
Anti-Phishing Tips and Information
Tips and information to protect against phishing from Carnegie Mellon Cy Lab
-
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.
-
Cybersecurity Resources
Information about best practices, detecting misinformation, and more from the Cybersecurity and Infrastructure Security Agency.
-
Online Privacy and Safety Resources
Online privacy and safety resources from the New York State Education Department.
-
Parent Fact Sheets
Parent Fact Sheets from the New York State Education Department
-
Stay Safe Online
Learn how to protect yourself, your family and your devices with these tips and resources from the National Cybersecurity Alliance.