The South Glens Falls Central School District is committed to ensuring student privacy in accordance with local, state and federal regulations and district policies. To this end and pursuant to U.S. Department of Education regulations, the district is providing the following Parents’ Bill of Rights for Data Privacy and Security, which is applicable to all students and their parents and legal guardians.

Board Policy 5500-E.5

The South Glens Falls Central School District, in recognition of the risk of identity theft and unwarranted invasion of privacy, affirms its commitment to safeguarding student personally identifiable information (PII) in educational records from unauthorized access or disclosure in accordance with State and Federal Law. The South Glens Falls Central School District establishes the following parental bill of rights:

• Student PII will be collected and disclosed only as necessary to achieve educational purposes in accordance with State and Federal Law.

• A student’s personally identifiable information cannot be sold or released for any marketing or commercial purposes by the district or any third-party contractor. The district will not sell student personally identifiable information and will not release it for marketing or commercial purposes, other than directory information released by the district in accordance with district policy

• Parents have the right to inspect and review the complete contents of their child’s education record (for more information about how to exercise this right, see 5500-R);

• State and federal laws, such as NYS Education Law §2-d and the Family Educational Rights and Privacy Act, protect the confidentiality of students’ personally identifiable information. 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

• A complete list of all student data elements collected by the State Education Department is available for public review here or by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234

The South Glens Falls Central School District may utilize vendors through paid contracted services and/or free services activated through individual user terms of service agreements for one or more technology services in the provision of its educational services.

Inventory of Third-Party Contractors

Each vendor that requires access to student PII has agreed to terms in an Edlaw 2D Third-Party Rider which outlines expectations on the type of data that is shared, how it is shared, where data is stored, the access and control and data sets, and configurations in the third-party environments including data removal once services are terminated. Also included in this rider is the SGFCSD Parent Bill of Rights. 

SGFCSD Edlaw 2D 3rd Party Rider 

• Parents have the right to be notified in accordance with applicable laws and regulations if a breach or unauthorized release of their student’s PII occurs.

• Parents can expect that educational agency workers who handle PII will receive annual training on applicable federal and state laws, regulations, educational agency’s policies and safeguards which will be in alignment with industry standards and best practices to protect PII.

• In the event that the District engages a third party provider to deliver student educational services, the contractor or subcontractors will be obligated to adhere to State and Federal Laws to safeguard student PII. Parents can request information about third party contractors by contacting:
  Tim Dawkins,
  Assistant Superintendent of Curriculum and Instruction,

  
  42 Merritt Road, Suite 1,
  South Glens Falls, NY, 12803
  518-793-9617
  or can access the information on the district’s website (sgfcsd.org).

• Parents have the right to have complaints about possible breaches and unauthorized disclosures of student data addressed. Complaints should be directed to:

  
  Tim Dawkins,
  Assistant Superintendent of Curriculum and Instruction,
  42 Merritt Road, Suite 1,
  South Glens Falls, NY, 12803
  518-793-9617

• Unauthorized Disclosure Complaint Form (Please print and complete this form, then mail to Data Privacy Office, 42 Merritt Road, South Glens Falls, NY 12803.)

• Complaints can also be directed to the New York State Education Department online here, by mail to the Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234 or by emailing the NYSED or by telephone at 5178-474-0937.

This section is intended to advise parents, legal guardians and students of their rights with respect to the school records pursuant to the Federal Family Educational Rights and Privacy Act of 1974 (FERPA).

You are notified that you have in relation to student records the right to:

1. inspect and review a student’s education records;

2. seek to correct parts of the student’s education records which he or she believes to be inaccurate, misleading or in violation of the student’s rights. These rights include the right to a hearing to pre sent evidence that the records should be changed if the district decides not to alter it according to the parent’s or an eligible student’s request;

3. report or file a complaint with the Department of Education if the school district violates FERPA;

4. exercise limited control over other people’s access to the student’s education records;

5. seek and correct the student’s education records, in a hearing if necessary;

6. be informed about FERPA rights.

You are further advised:

1. The school district shall limit the disclosure of information contained in the student’s education records except: a) by prior written consent of the student’s parents or an eligible student, b) directory information or c) under certain limited circumstances, as permitted by FERPA.

2. If either a student’s parents or an eligible student desires to obtain copies of the policy pertaining to student records, notification should be presented to:
   Mr. Timothy Dawkins, Assistant Superintendent of Schools
   South Glens Falls Central School District
   42 Merritt Road, Suite 1
   South Glens Falls, New York 12803

All rights and protections given to parents under FERPA and this policy transfer to the student when the student reaches age 18 or enrolls in a post-secondary school if the student is no longer considered a dependent. The student then becomes an “eligible student.”

Under the No Child Left Behind Act, names, addresses and telephone listings must be released to military recruiters upon request. Parents have the right to request that information not be released to military recruiters without prior written consent.

The school district proposes to designate the following personally identifiable information contained in the student’s education records as directory information, and it will disclose that information without prior written consent:

• student’s name;

• student’s address;

• student’s telephone number;

• student’s date and place of birth;

• student’s class designation (e.g. first grade, tenth grade, etc.);

• student’s participation in officially recognized activities and sports;

• student’s achievement awards or honors;

• student’s weight and height to a member of an athletic team;

• dates of attendance;

• most recent educational institution attended before the student enrolled in the school district, and

• a photograph of the student.

The South Glens Falls Central School District Board of Education recognizes its responsibility to enact policies that protect student privacy, in accordance with law. This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.

Surveys
The Board of Education recognizes that student surveys are a valuable tool in determining student needs for educational services. In accordance with law and Board policy, parental consent is required for minors to take part in surveys which gather any of the following information:

1. Political affiliations or beliefs of the student or the student's parent;

2. Mental or psychological problems of the student or the student's family;

3. Sex behavior or attitudes;

4. Illegal, anti-social, self-incriminating or demeaning behavior;

5. Critical appraisals of other individuals with whom respondents have close family relationships;

6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;

7. Religious practices, affiliations or beliefs of the student or the student's parent; or

8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

In the event that the district plans to survey students to gather information included in the list above, the district will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of their right to inspect the survey prior to their child’s participation. Requests to inspect such surveys shall be submitted to the building principal at least 10 days prior to the distribution of the survey.

Marketing
It is the policy of the Board not to collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information or providing it to others for that purpose. 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 such as:

a. College or other postsecondary education recruitment, or military recruitment;
b. Book clubs, magazines and programs providing access to low-cost literary products;
c. Curriculum and instructional materials used in schools;
d. Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;
e. Student recognition programs; and
f. The sale by students of products or services to raise funds for school-related activities.

In the event that such data is collected by the district, disclosure or use of student personal information will be protected by the district pursuant to the requirements of the Family Educational Rights and Privacy act (FERPA). [For guidance regarding the disclosure of “directory information,” rather than personal information, see policy 5500, Student Records.]

Inspection of Instructional Material
Parents/guardians shall have the right to inspect, upon request, any instructional material, used as part of the educational curriculum for students. “Instructional material” is defined as: “instructional content that is provided to a student, regardless of format including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). It does not include tests or academic assessments.”

A parent/guardian who wishes to inspect and review such instructional material shall submit a request in writing to the Building Principal. Upon receipt of such request, arrangements shall be made to provide access to such material to within 30 calendar days after the request has been received.

Invasive Physical Examinations
Prior to the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted or required by state law, a student’s parent/guardian will be notified and given an opportunity to opt their child out of the exam. Hearing, vision and scoliosis screenings are not subject to prior notification.

Notification
Parents/guardians and eligible students shall be notified at least annually, at the beginning of the school year, and when enrolling students for the first time in district schools of this policy. The school district shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.

How to file a complaint (video)

Pupil Protection Rights Amendment guidance