New York State Parents Bill of Rights
Parents’ Bill of Rights for Data Privacy and Security
In accordance with New York State Education Law Section 2-d, the Southern Westchester Board of Cooperative Educational Services (“Southern Westchester BOCES”) hereby sets forth the
following Parents’ Bill of Rights for Data Privacy and Security, which is applicable to all students and their parents and legal guardians.
(1) New York Stated Education law Section 2-d (Section 2-d”) and the Family Educational Rights and Privacy Act (“FERPA”) protect the confidentiality of personally identifiable information. Section 2-d and FERPA assure the confidentiality of records with respect to “third parties,” and provides parents with the right to consent to disclosures of personally identifiable information contained in their child’s education records. Exceptions to this include school employees, officials and certain State and Federal officials who have a legitimate educational need to access such records. In additions, the Southern Westchester BOCES will, upon request of parents, legal guardians or eligible students, or if otherwise required by law, disclose student records to officials of another school district in which a student seeks to enroll. An eligible student is a student who has reached 18 years of age or attends a postsecondary institution.
(2) A student’s personally identifiable information cannot be sold or released for any commercial purposes;
(3) Personally, identifiable information includes, but is not limited to:
i. The student’s name;
ii. The name of the student’s parent or other family members;
iii. The address of the student or student’s family;
iv. A personal identifier, such as the student’s social security number, student number, or biometric record;
v. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
vi. 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
vii. Information requested by a person who the Southern Westchester BOCES reasonably believes knows the identity of the student to whom the education record relates.
(4) In accordance with FERPA, Section 2-d and Southern Westchester BOCES Policy No. 6320, Student Records: Access and Challenge, parents and legal guardians have the right to inspect and review the complete contents of their child’s education record.
(5) Southern Westchester BOCES has the following safeguards in place: Encryption, firewalls and password protection, which must be in place when data is stored or
transferred.
(6) New York State, through the New York State Education Department, collects a number of student data elements for authorized uses. A complete list of all student data elements collected by the State is available for public review at the following links or can be obtained by writing to the Office of Information and Reporting Services, New York State Education Department, Room 865 EBA, 89 Washington Avenue, Albany, NY 12234:
http://www.p12.nysed.gov/irs/data_reporting.html
(7) Eligible students, parents and legal guardians have the right to have complaints about possible breaches of student data addressed. Any such complaint should be submitted, in writing, to the Data Protection Officer of Southern Westchester BOCES at dpo@swboces.org or at 450 Mamaroneck Avenue, Harrison, New Yorkk 10528. Parents can direct any complaints regarding possible breaches via the electronic form on the Southern Westchester BOCES home page, under Resources, and Student Privacy. The complaint form can also be found by going to https://bit.ly/swbdatabreach. Alternatively, a written complaint may also be submitted to the Chief Privacy Officer of the New York State Education Department using the form available at http://www.nysed.gov/student-data-privacy/form/report-improperdisclosure or writing to Privacy Complaint, Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234.
Supplemental Information for Third-Party Contracts
Southern Westchester BOCES, in an effort to provide the most up to date and accurate information to our parents, legal guardians and students has compiled the information required to complete this section. This is information can be viewed by going to the Southern Westchester BOCES home page, under Resources, and Student Privacy. The direct link to this information can also be found by going to https://bit.ly/swbsupplementaldata. If you have specific questions about Third Party Contracts, please contact the Data Protection Officer of Southern Westchester BOCES by email at dpo@swboces.org.
