Parents Bill of Rights-Data Privacy-FERPA

Parents Bill of Rights Data Privacy

Parents Bill of Rights Data Privacy Updated 1/20/23

In accordance with Education Law Section 2-d, the Marcus Whitman Central School District hereby sets forth the following Parents’ Bill of Rights for Data Privacy and Security, which is applicable to all students and their parents/legal guardians.

1. A student’s personally identifiable information cannot be sold or released by the District or BOCES for any commercial or marketing purposes;

2. In accordance with applicable law and Board of Education policies, parents have the right to inspect and review the complete contents of their child’s education record.

3. State and federal laws protect the confidentiality of a student's personally identifiable information, 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. The District has the following safeguards in place:

a. All databases that have student information are protected by a secure password and login. These logins are monitored and kept up to date;

b. Student information is only accessible by those that are deemed warranted of having the information.

4. 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 from the State Education Department at this link or by Writing to:

Chief Privacy Officer

New York State Education Department

89 Washington Avenue

Albany, NY 12234.

5. Parents have the right to have complaints about possible breaches of student data addressed. Any such complaint must be submitted, in writing to:

Christopher R. Brown Ph. D., Superintendent
Marcus Whitman Central School District
4100 Baldwin Road
Rushville, NY 14544
585-554-4848

Complaints may also be submitted to the NYS Education Department at http://www.nysed.gov/data-privacy-security/report-improper-disclosure, by email to Privacy@NYSED.gov; by telephone at 518-474-0937; or by mail to:

Chief Privacy Officer

New York State Education Department

9 Washington Avenue

Albany, NY 12234.

Student Information

The District has the option under FERPA of designing certain categories of student information as “directory information”. The Board directs that “directory information” include a student’s name, address, telephone number, date and place of birth, major course of study, participation in school activities or sports, weight and height if a member of an athletic team, dates of attendance, degrees and awards received, most recent school attended, class schedule, photograph, e-mail address and class roster.

Once proper FERPA notification is given by the district, a parent/guardian or eligible student will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or eligible student for release.

Supplemental Information Regarding Third-Party Contractors

In the course of complying with its obligations under the law and providing educational services to District residents, Marcus Whitman has entered into agreements with certain third-party contractors. Pursuant to such agreements, third-party contractors may have access to "student data" and/or "teacher or principal data," as those terms are defined by law.

Each contract the District enters into with a third party contractor where the third party contractor receives student data or teacher or principal data will include this Bill of Rights along with the following information:

1. The exclusive purposes for which the student data or teacher or principal data will be used;

2. How the third party contractor will ensure that the subcontractors, persons or entities that the third party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements;

3. The duration of the contract including when the agreement expires and what happens to the student data or teacher or principal data upon expiration of the agreement;

4. If and how a parent, student, eligible student, teacher, or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and

5. Where the student data or teacher or principal data will be stored (described in such a manner as to protect data security), and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.

6. Address how the data will be protected using encryption while in motion and at rest.

Data Privacy

New York State Education Law gives you the right to information about how the Marcus Whitman School
District is safeguarding student and staff data.

Review our Student Records Policy (Board Policy 7240)
Review our Data Security and Privacy Policy (Board Policy 0002)
Review our Student Privacy Policy (Board Policy 7250)

If at any time district officials learn that student and/or teacher/principal data has been compromised, parents and guardians will be notified and the data breach will be reported to the New York State Education Department.

More information is also available on the following websites:

NYSED Data Privacy Resources
Student Privacy Pledge
New York State Education Department Parents Bill of Rights
Education Law 2-D
NYSED: Data Privacy FAQs
U.S. Department of Education press release: Guidance for Schools Issued on How to Keep Parents Better Informed on the Data They Collect on Students
Privacy Technical Assistance Center (PTAC): newly established one-stop resource for education stakeholders to learn about data privacy.

Opt Out Notification

Marcus Whitman Central School District is excited to celebrate the learning and accomplishments of Marcus Whitman students. In order to do so, the District frequently posts on social media and the Internet. These posts may include certain pieces of student information, including, but not limited to, student names, honors and awards received, non-graded student work, student photographs, and video and/or voice recordings. In addition, the District may also release this information to local media or publish it in other District-approved publications, at school or public functions, and in the school yearbook. If published, a student’s name or photo will appear with a clear school-related

Annual Opt Out Notification Form

Personal Information/Concent

Use of Personal Information

We do not collect any personal information unless you voluntarily provide it by sending us e-mail, participating in a survey, or completing an on-line form. Personal information submitted will not be transferred to any non-affiliated third parties unless otherwise stated at the time of collection. When a user submits personally identifiable information it is used only for the purpose stated at the time of collection.

Consent

Where consent for the use and disclosure of personal information is required, the school will seek consent from the appropriate person. In the case of a student’s personal information, the school will seek the consent from the student and/ or parent depending on the circumstances and the student’s mental ability and maturity to understand the consequences of the proposed use and disclosure.

Family Rights and Policy (FERPA)

The District has the option under FERPA of designing certain categories of student information as “directory information”. The Board directs that “directory information” include a student’s name, address, telephone number, date and place of birth, major course of study, participation in school activities or sports, weight and height if a member of an athletic team, dates of attendance, degrees and awards received, most recent school attended, class schedule, photograph, e-mail address and class roster.

Once proper FERPA notification is given by the district, a parent/guardian or eligible student will have 14 days to notify the district of any objections they have to any of the “directory information” designations. If no objection is received, the district may release this information without prior approval of the parent/guardian or eligible student for release.

Resource Links

Combat Addiction Information

Digital Citizenship & Online Safety Resources for Parents

Hotlines / Líneas de Ayuda

Report Child Abuse & Neglect /
Abuso y Negligencia de Niños y Jóvenes
1-800-342-3720
TDD/TTY:
1-800-638-5163
Abandoned Infant / Infante Abandonado
1-866-505-7233
Domestic Violence / Violencia Doméstica
1-800-942-6906
Justice Center HOTLINE/Centro de Justicia:
1-855-373-2122

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