skip to main content

Every Student Matters

Parents' Bill of Rights for Data Privacy & Security

ESMCSD: Policy 8635-E Parents' Bill of Rights for Student Data Privacy and Security

Pursuant to New York State Education Law §2-d, parents, legal guardians and persons in parental relation to a student are entitled to certain rights with regard to their child’s personally identifiable information, as defined by Education Law §2-d. This document contains a plain-English summary of such rights.

  1. A student’s personally identifiable information cannot be sold or released for any commercial purposes.
  2. Parents have the right to inspect and review the complete contents of their child’s educational records maintained by the Eastport-South Manor Central School District.
  3. State and Federal Laws protect the confidentiality of personally identifiable student 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.
  4. A complete list of all student data elements collected by New York State is available for review at the following website: NYSEDstudentData
    The list may also be made available by writing to:
    Office of Information & Reporting Services
    New York State Education Department
    Room 863 EBA,
    89 Washington Avenue, Albany, NY 12234
  5. Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to:
    Eastport-South Manor Central School District
    Timothy Laube, Assistant Superintendent
    149 Dayton Avenue, Manorville, NY 11949
    laubet@esmonline.org
    (631) 801-3001
    -OR-
    New York State Education Department
    Chief Privacy Officer
    89 Washington Avenue, Albany, NY 12234
    CPO@mail.nysed.gov
  6. Each contract with a third-party contractor which will receive student data, or teacher or principal data will include information addressing the following:
    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. When the agreement expires and what happens to the student data or teacher and principal data upon expiration of the agreement.
    4. If and how a parent, student, a student over eighteen years of age, 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, and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.
  7. Third-party contractors are also required to:
    1. Provide training on federal and state law governing confidentiality to any officers, employees, or assignees who have access to student data or teacher or principal data;
    2. Limit internal access to education records to those individuals who have a legitimate educational interest in such records.
    3. Not use educational records for any other purpose than those explicitly authorized in the contract;
    4. Not disclose personally identifiable information to any other party (i) without the prior written consent of the parent or eligible student; or (ii) unless required by statute or court order and the third-party contractor provides a notice of the disclosure to the New York State Education Department, board of education, or institution that provided the information no later than the time the information is disclosed, unless providing notice of the disclosure is expressly prohibited by the statute or court order;
    5. Maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personally identifiable student information in its custody;
    6. Use encryption technology to protect data while in motion or in its custody from unauthorized disclosure as specified in Education Law §2-d;
    7. Notify Eastport-South Manor Central School District of any breach of security resulting in an unauthorized release of student data or teacher or principal data, in the most expedient way possible and without unreasonable delay;
    8. Provide a data security and privacy plan outlining how all state, federal and local data security and privacy contract requirements will be implemented over the life of the contract;
    9. Provide a signed copy of this Bill of Rights to the Eastport-South Manor Central School District thereby acknowledging that they aware of and agree to abide by this Bill of Rights.
  8. This Bill of Rights is subject to change based on regulations of the Commissioner of Education and the New York State Education Department's Chief Private Officer, as well as emerging guidance documents.