¡Traduzca esta pagina!

Education Law 2-d: Data Privacy & Security

Ichabod Crane Central School District is dedicated to fulfilling its responsibilities in securing data systems and safeguarding the privacy of students. The District is committed to its responsibility to ensure that student data and privacy are adequately protected through various policies and procedures. 

State and Federal Laws that Protect Students

New York Education Law 2-d and Part 121 of the Regulations of the Commissioner of Education – Part 121 implements Education Law Section 2-d and provides guidance to educational agencies and their third-party contractors on ways to strengthen data privacy and security to protect student data and annual professional performance review (APPR) data. 

Family Educational Rights and Privacy Act (FERPA) – The foundational federal law on the privacy of students’ educational records, FERPA safeguards student privacy by limiting who may access student records, specifying for what purpose they may access those records, and detailing what rules they have to follow when accessing the data.

Protection of Pupil Rights Amendment (PPRA) – PPRA defines the rules states and school districts must follow when administering tools like surveys, analysis, and evaluations funded by the US Department of Education to students. It requires parental approval to administer many such tools and ensures that school districts have policies in place regarding how the data collected through these tools can be used.

Children’s Online Privacy Protection Rule (COPPA) – COPPA imposes certain requirements on operators of websites, games, mobile apps or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

Learn more about data and security rights at NYSED’s Data Privacy and Security website

Report an Improper Disclosure

  • Parents/guardians, eligible students, principals, teachers, and district employees may file a complaint about a possible breach or improper disclosure of student data or protected teacher or principal data. To file a complaint, contact District Privacy Officer, Lucas Christensen, at 518-758-7575 (Ext. 3009) or email lchristensen@ichabodcrane.org

Third-Party Contracts

  • Parents/guardians, eligible students, principals, teachers and district employees can request information about third-party contractors by contacting District Privacy Officer, Lucas Christensen via email at lchristensen@ichabodcrane.org

Online Services Approved by the District

  • In keeping with state and federal laws, Ichabod Crane CSD maintains a list of online services, which may contain student Personally Identifiable Information (PII) or that students may use in class. Each program is required to sign the Education Law 2-d Agreement before being added to our list of approved services. The list is reviewed annually to ensure that agreements have not expired and/or renewed. If a company no longer agrees to the required student privacy regulations, the program is removed from the list and is no longer used in the district.

Education Law 2-D Definitions

  • Educational agency:  A school district, a board of cooperative educational services, school, or the education department.
  • Personally identifiable information: Information as defined in Section 99.3 of Title 34 of the code of federal regulations implementing the family educational rights and privacy act, Section 1232 G of Title 20 of the U.S>  code, and, as applied to teacher or principal data, means “personally identifying information” as such term is used in Subdivision 10 of section 3012-C of this chapter.
  • School: Any public elementary or secondary school, a universal pre-kindergarten program authorized pursuant to Section 3602-e of this chapter, an approved provider of preschool special education, any other publicly funded pre-kindergarten program, a school serving children in a special act school district as defined in Section 4001  of this chapter, an approved private school for the education of students with disabilities, a state-supported school subject to the provisions of Article 85 of this chapter, or a state-operated school subject to the provisions of Article 87 or 88 1  of this chapter.
  • Student: Any person attending or seeking to enroll in an educational agency
  • Eligible student: A student 18 years or older
  • Parent: A parent, legal guardian, or person in parental relation to a student
  • Student Data: Personally identifiable information from student records of an educational agency
  • Teacher or principal data: Personally identifiable information from the records of an educational agency relating to the annual professional performance reviews of classroom teachers or principals that are confidential and not subject to release under the provisions of Section 3012-C  of this chapter.
  • Third-party contractor: Any person or entity, other than an educational agency, that receives student data or teacher or principal data from an educational agency pursuant to a contract or other written agreement for purposes of providing services to such educational agency, including but not limited to data management or storage services, conducting studies for or on behalf of such educational agency, or audit or evaluation of publicly funded programs. Such term shall include an educational partnership organization that receives student and/or teacher or principal data from a school district to carry out its responsibilities pursuant to Section 211-e of this title and is not an educational agency as defined in paragraph c of this subdivision, and a not-for-profit corporation or other non-profit organization, other than an educational agency.