Home > Forms & Notifications > Parents’ Bill of Rights for Data Privacy and Security

Parents’ Bill of Rights for 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 Monticello 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 New York State Education Department website: http://www.p12.nysed.gov/irs/sirs.

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

  1. Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to:

Director of Information and Technology
Monticello Central School District
60 Jefferson Street, Suite 3, Monticello, NY 12701
Email: kgordon@k12mcsd.net
Telephone: (845) 794-9430 ext. 70550

OR

Chief Privacy Officer
New York State Education Department
89 Washington Avenue
Albany, NY 12234
Email: privacy@mail.nysed.gov
Telephone: (518) 474-0937

  1. Each contract with a third-party contractor which will receive student data, or teacher or principal data will include supplemental 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.
    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 and data security and privacy risks mitigated.
    6. Address how the data will be protected using encryption while in motion and at rest.
  2. 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. Except for authorized representatives of the third-party contractor to the extent they are carrying out the contract, 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 the Monticello 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, but no more than seven calendar days after the discovery of such breach.
    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 Monticello Central School District thereby acknowledging that they are aware of and agree to abide by this Bill of Rights.
  3. 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 Privacy Officer, as well as emerging guidance documents.

In accordance with Education Law § 2-d(5)(b)(1) and Section 121.5 of the Regulations of the Commissioner of Education, disclosure of personally identifiable information from the student records of the District, including directory information, to individuals or entities other than the parent/guardian or eligible student or which is not otherwise permitted by applicable consent or provision of Education Law § 2-d, shall be predicated upon a determination that the proposed use would benefit students and the District (e.g., improve academic achievement, empower parents and students with information, and/or advance efficient and effective school operations).

*In the event the Commissioner of Education issues an enhanced Bill of Rights and/or promulgates regulations setting forth additional elements to be included in the Parents’ Bill of Rights, the Monticello Central School District reserves the right to revise this document accordingly.