Notification of Data Privacy Rights for Elementary and Secondary Schools
The federal Family Educational Rights and Privacy Act (“FERPA”), and the New York State Education Law at Section 2-d afford 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:
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The right to inspect and review the student's education records within 45 days after the day the Suffern Central School District (hereinafter “the School”) receives a request for access.
Parents [or eligible students] who wish to inspect their child’s [or their own] education records should submit to the School principal (or other appropriate school official as designated by the Superintendent or building principal) 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.
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The right to request 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 their child’s or their education record should write the school principal [or appropriate school official], 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.
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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 the law authorizes disclosure without consent. Included in this right is the School’s duty to minimize the collection, processing, and transmission of PII.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. The criteria for determining who constitutes a School official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. A School official typically includes a person employed by the School or school district 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, contractor, or consultant who, while not employed by the School, performs an institutional service or 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, including those tasks performed with the assistance of technology, such as (but not limited to) virtual classrooms or other platforms engaged by the District for distance or remote learning. A School official typically 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 or 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: FERPA requires a school or school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request or the disclosure is initiated by the parent or eligible student.]
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The right to protection of student PII, including the right to be notified in accordance with applicable laws and regulations in the event of a breach or unauthorized release of PII. The School is prohibited from selling, using, releasing, or otherwise disclosing a student’s PII for any commercial or marketing purpose. The School employs safeguards associated with industry standards and best practices under state and federal law to protect confidentiality of student PII, including encryption, firewalls, and password protection, whenever data is stored or transferred. A complete list of all student data elements collected by the New York State Education Department (NYSED) is available for review online at:
http://www.nysed.gov/data-privacy-security/student-data-inventory.
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The right to file a complaint concerning alleged failures by the School to comply with the requirements of FERPA or New York Education Law Section 2-d. Inquiries or complaints may be directed to the District’s designated Data Protection Officer (DPO):
Paul Zeller
Data Protection Officer
Suffern Central School District
45 Mountain Avenue
Hillburn, NY 10931
Complaints about FERPA compliance should be directed to the U.S. Department of Education. The name and address of the Office that administers FERPA is
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Complaints about possible breaches or unauthorized disclosures of PII may also be submitted to the New York State Department of Education (NYSED) online at:
www.nysed.gov/data-privacy-security
or via mail to:
Chief Privacy Officer
New York State Education Department
89 Washington Avenue
Albany, New York 12234
Disclosures that the School may Make without Consent:
FERPA and New York State law permit the disclosure of Personally Identifiable Information (“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 –
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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)(3) are met. [§ 99.31(a)(1)]
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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)]
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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 New York State Education Department (NYSED). 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, if applicable requirements are met. [§§ 99.31(a)(3) and 99.35]
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In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as 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)]
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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)]
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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, if applicable requirements are met. [§ 99.31(a)(6)]
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To accrediting organizations to carry out their accrediting functions. [§ 99.31(a)(7)]
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To parents of an eligible student if the student is a dependent for IRS tax purposes. [§ 99.31(a)(8)]
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To comply with a judicial order or lawfully issued subpoena if applicable requirements are met. [§ 99.31(a)(9)]
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To appropriate officials in connection with a health or safety emergency, subject to the requirements of § 99.36. [§ 99.31(a)(10]
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Information the School has designated as “directory information” if applicable requirements under § 99.37 are met. [§ 99.31(a)(11); see also District policy no. 5500]
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To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. [20 U.S.C § 1232g(b)(1)(L)]
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To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. [20 U.S.C. § 1232g(b)(1)(K)]
Directory Information
The School Board, in its Policy No. 5500, has directed that “directory information” is limited to a student’s name, address and telephone number. Upon receipt of this notice, a parent/guardian or eligible student has 14 days to notify the School of any objections they have to any of the “directory information” designations. If no objection is received, the School may release this information without prior approval of the parent/guardian or eligible student. Once a student or parent/guardian provides the “opt-out,” it will remain in effect after the student is no longer enrolled in the school district.