Data Privacy and Ed Law 2-D

Parents’ Bill of Rights IComplaints I FERPA IBOE Policies I OPT OUT REQUEST I PPRA I Directory Third-Party Contractors

New York State Education Law part 121 of Education Law Section 2-D  gives you the right to information about how the Valley Central School District is safeguarding student and staff data.

If at any time district officials learn that student and/or teacher/principal data has been compromised, parents and guardians will be notified and the data breach will be reported to the New York State Education Department.

Parents’ Bill of Rights

The privacy and security of personally identifiable student data are of paramount importance. Parents (includes legal guardians or persons in parental relationships) and Eligible Students (student 18
years and older) can expect the following:

A student’s personally identifiable information cannot be sold or released for any commercial purposes. PII, as defined by Education Law § 2-d and the Family Educational Rights and Privacy Act (“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. State and federal laws (Education Law § 2-d, the Commissioner of Education’s Regulations at 8 NYCRR Part 121, and FERPA), protect the confidentiality of students’ personally identifiable information, and safeguards associated with industry standards and best practices, such as encryption, firewalls, and password protection, must be in place when such data is stored or transferred.

Consistent with the adoption by the New York State Legislature of the Common Core Implementation Reform Act of 2014, all parents have the following rights:

  • To inspect and review the complete contents of their child’s education record, as defined in the District’s Student Records policy;
  • To access a complete list of all student data elements collected by the State, which is available for public review at  or by writing to the Office of Information & Reporting Services, New York State Education Department, Room 863 EBA, 89 Washington Avenue, Albany, NY 12234;
  • To have complaints about possible breaches of student data heard and determined. Complaints should be submitted to NYSED at or directed in writing to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, or by email to the Chief Privacy Officer at or by telephone at (518) 474-0937. Complaint’s can also be submitted to the District’s Data Protection Officer at (845) 457-2400 or 944 State Route 17K, Montgomery, NY 12549.
  • 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.

* 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 Valley Central School District reserves the right to revise this document accordingly.

VCSD Data Protection Officer

Tammy Coleman 
District Data Protection Officer
(845) 457-2400 ext. 18120

To file a data privacy complaint:
Parents, eligible students (students who are at least 18 years), principals, teachers, and other employees of the Valley Central School District may file a complaint about a possible breach or improper disclosure of student data and/or protected teacher, principal data. A data privacy complaint should be completed via Google form or by requesting the form from the Data Protection Officer at


NYSED Chief Privacy Officer
89 Washington Avenue, EB 152
Albany, NY 12234
Phone: 518-474-0937


Federal Privacy Office
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202


BOE Policies Regarding Student Data Protection


VCSD BOE Policy 5550 – Student Privacy

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.

VCSD BOE Policy 5500 E.1: Letter sent to Parents annually re: Data Protection and right to opt out

VCSD BOE Policy 5500-E.2-Student Records Exhibit 2: Form to object to release of directory information

VCSD BOE Policy 5500-E.3-Student Records Exhibit 3: Release records to to court order or subpoena

VCSD BOE Policy 5500-E.4-Student Records Exhibit 4: Application to review records by parties entitled thereto without consent

5500-E.5-Student Records Exhibit 5: Application to review students records and consent thereto by parent/guardian or student


VCSD BOE Policy 8635 – Data Security Breach and Notification Policy

The Board directs the Superintendent of Schools, in accordance with appropriate business and technology personnel, and the Data Protection Officer (where applicable) to establish regulations which address:

  • the protections of “personally identifiable information” of student and teachers/principal under Education Law §2-d and Part 121 of the Commissioner of Education;
  • the protections of “private information” under State Technology Law §208 and the NY SHIELD Act; and
  • procedures to notify persons affected by breaches or unauthorized access of protected information.

VCSD BOE Policy Regulation -8635-R: Data Security Breach and Notification Regulation

This regulation addresses information and data privacy, security, breach and notification requirements for student and teacher/principal personally identifiable information under Education Law §2-d, as well as private information under State Technology Law §208.

The district will inventory its computer programs and electronic files to determine the types of information that is maintained or used by the district, and review the safeguards in effect to secure and protect that information.

Federal Laws that Protect Student Data


The Family Educational Rights and Privacy Act (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. Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect.

The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the school to amend a record that they believe is inaccurate or misleading. Additional information regarding the hearing procedures will be provided to the parent or eligible student when the request is made.

The right to consent to disclosures or personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. 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 of 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 need to review a student record in order to fulfill his or her professional responsibilities. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, as well as school officials with a legitimate educational interest or an authorized representative.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address of the office that administers FERPA are: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.

The Right to Request That Student Directory Information Be Withheld

Valley Central has designated the following personally identifiable information contained in a student’s education record as “directory information” and it may disclose that information without prior written consent, at its discretion.

  1. Student’s name
  2. Student’s major field of study
  3. Student’s participation in officially recognized activities and sports
  4. Student’s degrees and awards received
  5. Student’s photograph

The purpose of establishing directory information is to avoid the need to obtain individual parental consent each time the District might wish to publicly recognize an individual student or group’s accomplishments. Directory information is considered public information and may be distributed without obtaining prior parental consent.

Parents or guardians who do not wish to have their child/ren included within the directory information as described above are to annually notify the Office of the Superintendent in writing within 14 days of the publication of this notice in the annual Calendar/VCSD Guide. Parents/guardians may object to any or all of the five items listed above.

No information which has been objected to in writing will be distributed without prior consent from the parent or guardian. Additionally, military recruiters, upon appropriate request, will be provided access to secondary school students’ names, addresses, and telephone numbers, unless parents notify the District, in writing, at the commencement of the school year, that they do not wish such information to be provided to military recruiters without their prior written consent.

Finally, if you do not want your child’s photograph to be used on a District website, please write a letter to that effect, or use this BOE Form,  to your child’s Principal within 14 days of the publication of this notice in the annual Calendar/VCSD District Guide newsletter. This must be submitted annually.

If you have questions regarding access to student information, please contact the Data Protection Officer, Tammy Coleman at (845) 457-2400 ext. 18120

Directory of Third-Party Contractors that Have Access to Student Personally Identifiable Information

Please use this link to access our directory of third-party contractors

Protection of Pupil Rights Amendment (PPRA)

VCSD BOE Policy 5550- Student Privacy

PPRA affords parents of elementary and secondary students certain rights regarding the conduct of surveys, collection, and use of information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:

Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)–
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or student’s parent; or
8. Income, other than as required by law to determine program eligibility.

Receive notice and an opportunity to opt a student out of –
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
3. Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

Inspect, upon request and before administration or use –
1. Protected information surveys of students and surveys created by a third party;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

Valley Central School District has BOE policiy 5550, regarding
these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
Valley Central School District will directly notify parents of these policies at least annually at the start of each school year (see VCSD Viking Calendar/District Guide) and after any substantive changes.

Valley Central School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey.

Valley Central School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys
listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this direct notification requirement:

  • Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
  • Administration of any protected information survey not funded in whole or in part by ED. 
  • Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202