Education Law 2-d

Education Law § 2-d and Part 121 of the NY Commissioner’s Regulations protects student personally identifiable information (PII) from unauthorized disclosure. Additionally, this law provides parents with rights regarding their child’s PII. Click here for a parent fact sheet from the NYS Education Department that explains these rights.

Parent Bill of Rights

Education Law § 2-d mandates that each educational agency develop a Parent Bill of Rights for data privacy and security. The purpose of this document is to provide information to parents and students about certain legal requirements that protect personally identifiable information.

• Click here for the Schuylerville CSD Parents’ Bill of Rights 
• Click here for the Schuylerville CSD Data Security and Privacy Policy
• Click here for more information on Schuylerville CSD’s Data Privacy and Security, including:
  • An inventory/list of third parties who have access to student data
  • Details on the Data Privacy Complaint Process
  • Details on the Protection of Pupil Rights Amendment (PPRA)
  • Details on the Children’s Online Privacy Protection Rule (COPPA)

Complaint Procedures for Unauthorized Data Disclosure/Data Breach

Parents, legal guardians, eligible students (students who are at least 18 years of age or attending a post-secondary institution at any age), principals, teachers, and employees of an educational agency may file a complaint about a possible data breach or improper disclosure of student data and/or protected teacher or principal data. 

1. To submit a complaint, please download & complete the  Schuylerville CSD Unauthorized Data Disclosure/Data Breach Form. Paper forms are also available in the schools’ main office. Completed forms may be submitted by email to the Data Protection Officer, Jason Mehan, Director of Technology & Computer Integration mehanj@schuylerville.org (518) 695-3255, ext. 2208  or submitted at the district office either in person or by mail, 14 Spring St, Schuylerville, NY 12871.

2. Mr. Mehan, or his assigned designee, will contact the complainant by phone or email to review the complaint, and initiate an investigation.

3. Investigations will be completed and finalized in a reasonable amount of time, typically, within 60 calendar days from the receipt of the complaint. In the event the investigation needs to extend beyond 60 days, due to extenuating circumstances, the complainant will be contacted to inform them of the delay and the expected timeline for completion.

4. Schuylerville CSD will maintain a record of all complaints of data breaches or unauthorized releases of student/staff data & their disposition in accordance with applicable data retention policies, and report complaint reports & investigations as directed by NYS Ed Law 2d / Part 121 Regulations to the NYSED Chief Privacy Officer. 

Family Educational Rights and Privacy Act (FERPA)

FERPA is the foundational federal law on the privacy of students’ educational records. FERPA safeguards student privacy by limiting who may access student records, specifying for what purpose they may access those records, and detailing what rules they have to follow when accessing the data.

Click here for the Schuylerville CSD FERPA Policy 7250

Annual FERPA Notice

FERPA affords parents and students over 18 years of age (eligible students) certain rights with respect to the student’s education records. These rights are:

• The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access;
• The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students should submit to the building principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. Parents or eligible students who wish to ask the school to amend a record should write the building principal, 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 advise them 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.
• The right to consent to disclosures of personally identifiable information in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.
• The right to file a complaint with the US Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is,

Family Policy
Compliance Office, US Department of
Education, 400 Maryland Avenue, SW,
Washington, DC 20202-5920.