Parents' Bill of Rights for Data Privacy & Security
The Letchworth Central School District seeks to use current technology, including electronic storage, retrieval, and analysis of information about students' education experience in the district, to enhance the opportunities for learning and to increase the efficiency of our district and school operations.
The Letchworth Central School District seeks to ensure that parents have information about how the District stores, retrieves, and uses information about students, and to meet all legal requirements for maintaining the privacy and security of protected student data and protected principal and teacher data, including Section 2-d of the New York State Education Law.
To further these goals, the Letchworth Central School District has posted this Parents' Bill of Rights for Data Privacy and Security.
- A student’s personally identifiable information (PII) cannot be sold or released for any Commercial or Marketing purpose. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act ("FERPA"), includes direct identifiers such as a student’s name or identification number, parent’s name, or address; and indirect identifiers such as a student’s date of birth, which when linked to or combined with other information can be used to distinguish or trace a student’s identity. Please see FERPA’s regulations at 34 CFR 99.3 for a more complete definition.
- The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to Parents of an Eligible Student.
- State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, FERPA at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501- 6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); and the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information.
- Safeguards associated with industry standards and best practices including, but not limited to, encryption, firewalls and password protection must be in place when student PII is stored or transferred.
A complete list of all student data elements collected by NYSED is available at http://www.nysed.gov/common/nysed/files/programs/data-privacy-security/inventory-of-data-elements-collected-by-nysed_0.pdf and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. (i) Complaints should be submitted using the Letchworth CSD Complaint Form or to the District’s Data Protection Officer, John P. Novak, by mail to: Letchworth CSD, 5550 School Road, Gainesville, NY 14066, by email to firstname.lastname@example.org, or by telephone to 585-493-5150. (ii) Complaints may also be submitted to the NYS Education Department at www.nysed.gov/data-privacy-security/report-improper-disclosure, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; by email to email@example.com; or by telephone at 518-474-0937.
To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs.
Educational agency workers that handle PII will receive training on applicable state and federal laws, policies, and safeguards associated with industry standards and best practices that protect PII.
Educational agency contracts with vendors that receive PII will address statutory and regulatory data privacy and security requirements.
Supplemental Information Regarding Third-Party Contractors
In the course of complying with its obligations under the law and providing educational services to District
residents, Letchworth Central School District 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:
- The exclusive purposes for which the student data or teacher or principal data will be used;
- 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;
- 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;
- 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
- 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.
- Address how the data will be protected using encryption while in motion and at rest.
A list of third party contractors is available at the follow link: