Parent's Bill of Rights
Parents’ Bill of Rights Regarding Data Privacy and Security
The Brentwood Union Free School District is committed to protecting the privacy and security of each and every student’s data. Parents should be aware of the following rights they have concerning their child’s data:
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 education record.
3. The confidentiality of a student’s personally identifiable information is protected by existing state and federal laws, and safeguards such as encryption, firewalls, and password protection, must be in place when data is stored or transferred. Third party contractors are required to employ technology, safeguards and practices that align with the National Institute of Standards and Technology Cybersecurity Framework.
4. A complete list of all student data elements collected by the State Education Department is available for public review at http://www.nysed.gov/data-privacy-security/student-data-inventory or by writing to the 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 file complaints about possible breaches of student data. Parents may submit a complaint regarding a potential breach by the District to Candice Cheng, Data Protection Officer, 52 3rd Ave, Brentwood, NY 11717. The School District shall promptly acknowledge any complaints received and commence an investigation into the complaint, while taking the necessary precautions to protect personally identifiable information. The School District shall provide a response detailing its findings from the investigation no more than sixty (60) days after receipt of the complaint.
6. Parents may access the State Education Department’s Parents’ Bill of Rights at http://www.nysed.gov/data-privacy-security/bill-rights-data-privacy-and-security-parents-bill-rights. Parents have the right to file a complaint with the State Education Department’s Chief Privacy officer by writing to Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234. Complaints may also be submitted using the form available at the following website http://www.nysed.gov/data-privacy-security/report-improper-disclosure.
Supplemental Information Regarding Third-Party Contractors:
In the course of complying with its obligations under the law and providing educational services, Brentwood Union Free 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." Each contract the Agency enters into with a third party contractor where the third party contractor receives 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 or principal data upon expiration of the agreement;
4. 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
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, including whether such data will be encrypted.
Third-Party Contractors are required to:
1. Provide training on federal and state law governing confidentiality any officers, employees, or assignees who have access to student data or teacher of principal data;
2. Limit internal access to education records to those individuals who have a legitimate education 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
a. without the prior written consent of the parent or eligible student; or
b. 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 statue 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 Brentwood Union Free 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 Brentwood Union Free School District thereby acknowledging that they are aware of and agree to abide by this Bill of Rights.
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.