To satisfy their responsibilities regarding the provision of education. The process of facilitating learning, or the acquisition of knowledge, skills, values, beliefs and habits. We believe all children and adults can benefit from quality education. to students in pre-kindergarten through grade twelve, “educational agencies” (as defined below) in the State of New York collect and maintain certain personally identifiable information from the educational records of their students. As part of the Common Core Implementation Reform Act, Education. The process of facilitating learning, or the acquisition of knowledge, skills, values, beliefs, and habits. We believe all children and adults can benefit from quality education. Law §2-d requires that each educational agency in the State of New York must develop a Parents’ Bill of Rights for Data Privacy and Security (Parents’ Bill of Rights). The Parents’ Bill of Rights must be published on the website of each educational agency and must be included with every contact the educational agency enters into with a “third party contractor” (as defined below) where the third-party contractor receives student data, or certain protected teacher/principal data related to Annual Professional Performance Reviews that is designated as confidential pursuant to Education. The process of facilitating learning, or the acquisition of knowledge, skills, values, beliefs and habits. We believe all children and adults can benefit from quality education. Law §3012-c (“APPR data”).
The purpose of the Parents’ Bill of Rights is to inform parents (which also includes legal guardians or persons in parental relation to a student, but generally not the parents of a student who is age eighteen or older) of the legal requirements regarding privacy, security and use of student data. In addition to the federal Family Educational Rights and Privacy Act (FERPA), Education. The process of facilitating learning, or the acquisition of knowledge, skills, values, beliefs, and habits. We believe all children and adults can benefit from quality education. Law §2-d provides important protections for student data and new remedies for breaches of the responsibility to maintain the security of confidentiality of such data.
Parents (including legal guardians or persons in parental relationships) and Eligible Students (students 18 years and older) can expect the following:
- A student’s personally identifiable information (PII) cannot be sold or released for any commercial purpose. PII, as defined by Education Law § 2-d and 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, the Family Educational Rights and Privacy Act (“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); 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 https://www.nysed.gov/data-privacy-security/student-data-inventory and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.
- Parents have the right to file complaints about possible breaches of confidential student data by contacting Data Protection Officer (“DPO”), Joseph Amodeo, at jamodeo@qsac.com or (212) 244-5560 x2016 or Family Policy Compliance Officer, US Department of Education, 400 Maryland Avenue, Washington, DC 20202-852. Complaints may be submitted to NYSED at https://www.nysed.gov/data-privacysecurity/report-improper-disclosure, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; by email to privacy@nysed.gov; 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.
Furthermore, whenever QSAC, Inc. enters into any contract with a third party that would have access to student personally identifiable information, we require the contractor to execute a Business Associate Agreement (“BAA”) that binds the contractor to:
- Maintaining strict security and confidentiality of student data.
- Returning or eliminating student data when the contract expires.
- Allowing parents, eligible students, teachers, or principals to review and challenge the accuracy of student data.
This Parents’ Bill of Rights will be provided to all third-party contractors along with the Business Associate Agreement.