The Board of Education recognizes its legal responsibility to maintain the confidentiality of student records. The procedures for ensuring the confidentiality of student records shall be consistent with state and federal law, including the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations. For further information regarding student data privacy under New York Education Law Section 2-d is contained in the District’s Information and Data Privacy Security Breach and Notification Policy.
At the time of inspection of student records, appropriate personnel shall be present, when necessary, to prevent misinterpretation by the parent/guardian or eligible student of the meaning of the record, since some records may not be properly evaluated and understood by the parents/guardians or eligible student.
The District will use reasonable methods to provide access to student educational records only to those authorized under the law and to authenticate the identity of the requestor. The District will document requests for and release of records.
The Board also recognizes its responsibility to ensure the orderly retention and disposition of the District’s student records in accordance with Schedule ED-1 as adopted by the Board in policy 1120.
The Superintendent of Schools shall be responsible for ensuring that all requirements under law and the Commissioner’s regulations are carried out by the District.
Annual Notification
At the beginning of each school year, the District will publish a notification that informs parents, guardians and eligible students currently in attendance of their rights under FERPA and the procedures for exercising those rights. This notice may be published in a newspaper, handbook or other school bulletin or publication. This notice will also be provided to parents, guardians, and eligible students who enroll during the school year.
The notice will include a statement that the parent/guardian or eligible student has a right to:
- inspect and review the student’s education records;
- request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights;
- consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and
- file a complaint with the United States Department of Education alleging failure of the District to comply with FERPA and its regulations.
In addition, the annual notice will inform parents/guardians and eligible students:
- that it is the District’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the District whom the District has determined to have legitimate educational interests. For purposes of this policy, a school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel; a member of the Board of Education; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official performing his or her tasks. A school official has a legitimate educational interest if the official needs to review a student record in order to fulfill her or her professional responsibilities. Volunteers may be considered school officials for purposes of access to personally identifiable information if they are under the direct control of the district, are trained in the requirements of law under this policy, have a legitimate educational interest, and the district uses reasonable methods to limit access to only the information that is necessary to fulfill their volunteer duties. Volunteers may only access the information necessary for the assignment, and must not disclose student information to anyone other than a school official with a legitimate educational interest. The Building Principal will provide adequate training on confidentiality of student records.
- that, upon request, the District will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
- that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.
- that the District, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent.
- of the procedure for exercising the right to inspect, review and request amendment of student records.
- that, upon request, the District will disclose a high school student’s name, address and telephone number to military recruiters unless the parents or student exercise their right to prohibit release of the information without prior written consent.
The District may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation.
The District will provide translations of this notice, where necessary, to parents, guardians and eligible students in their native language or dominant mode of communication.
Directory Information
The District has the option under FERPA of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s name, major course of study, participation in school activities or sports, degrees and awards received, and photograph.
Once the proper FERPA notification is given by the District, a parent/guardian or eligible student will have 14 days to notify the District of any objections they have to any of the “directory information” designations. If no objection is received, the District may release this information without prior approval of the parent/guardian or eligible student for the release.
The District may elect to combine both the annual notice of rights under FERPA and the annual notice of “directory information” designations into one notice.
Information about a homeless student’s address shall be treated as a student educational record, and shall not be deemed directory information. A parent/guardian or eligible student may elect, but cannot be compelled, to consent to release of a student’s address information in the same way they would for other student education records.
Cross-ref:
- 1120, School District Records
- 4361, Programs for Students with Disabilities
- 5170, Student Attendance Accounting
- 5460, Suspected Child Abuse and Maltreatment
Ref:
- Family Educational Rights and Privacy Act, 20 USC 1232g; 34 CFR Part 99
- Education Law § 225
- Public Officers Law §87(2)(a)
- Arts and Cultural Affairs Law, Article 57-A (Local Government Records Law)
- 8 NYCRR 185.12 (Appendix I) Records Retention and Disposition, Schedule
- ED-1 for Use by School Districts and BOCES
- 20 USC §7908
Adoption date: May 27, 1997
Revised: September 11, 2000
Revised: June 8, 2009
Revised: October 24, 2011
Revised: September 24, 2012
Revised: February 10, 2014
Revised: July 6, 2017
Revised: June 10, 2020