DATA SECURITY AND PRIVACY POLICY
Education Law Section 2-d

The District is committed to maintaining the privacy and security of student data and teacher and principal data and will follow all applicable laws and regulations for the handling and storage of this data in the District and when disclosing or releasing it to others including, but not limited to, third-party contractors.

The District adopts this policy to implement the requirements of Education Law Section 2-d and its implementing regulations, as well as to align the District's data privacy and security practices with the National Institute for Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (Version 1.1).

 Definitions

Protected Data means personally identifiable data of students from student education records as defined by FERPA, as well as teacher and Principal data regarding annual professional performance reviews made confidential under New York Education Law §3012-c and §3012-d.

Requirements

1. Publication: This policy shall be published on the District's website and notice of the policy provided to all officers and employees of the District.

2. The District shall provide the data protection as well as the protection of parent and eligible student's rights and rights to challenge the accuracy of such data required by FERPA (20 USC §1232g), IDEA (20 USC §1400 et. seq.) and any implementing regulations.

3. The District hereby adopts the National Institute for Standards and Technology (NIST) Cybersecurity Framework (CSF) in accordance with the Commissioner's Regulations.

4. Every contract or other written agreement with a third-party contractor under which the third-party contractor will receive protected student data or teacher or Principal data shall include a data security and privacy plan that outlines how all State, federal, and local data security and privacy contract requirements will be implemented over the life of the contract, consistent with this policy.

5. Nothing contained in this policy or the District's Data Security and Privacy Plan shall be construed as creating a private right of action against the District.

6. Every use and disclosure of personally identifiable information, as defined by FERPA, shall be for the benefit of students and the educational agency. Examples of such benefit are provided in implementing regulations.

7. The District shall not sell or disclose for marketing or commercial purposes any Protected Data or facilitate its use of disclosure by any other party for any marketing or commercial purpose or permit another party to do so.

8. The District shall take steps to minimize its collection, process and transmission of Protected Data.

9. Except as required by law or in the case of enrollment data, the District shall not report to NYSED Juvenile Delinquency records, criminal records, medical health records, or student biometric information.

10. All contracts with vendors that have access to Protected Data shall comply with NIST Cybersecurity Framework.

    Adopted by the Board of Education on June 18, 2020

REQUIRED INFORMATION

Education Law 2-d and Part 121 of the Commissioner of Education's Regulations require NYS educational agencies to publish certain information to their websites.

Education Law 2-d requires each NYS educational agency to develop/publish a Parents’ Bill of Rights for Data Privacy and Security. The purpose is to provide information to parents/guardians and eligible students about certain legal requirements that protect personally identifiable information pursuant to state and federal laws.

Parents Bill of Rights

Education Law 2-d requires each NYS educational agency to publish its Data Privacy and Security Policy. ECSD’s policy is published as the introduction to this webpage (at left) and is listed in the link below.

Data Privacy & Security Policy

Education Law 2-d requires each NYS educational agency to post supplemental information for each contract where a third-party contractor receives student data and/or teacher or principal data from ECSD. A list of contracts to which this applies is available by clicking the title link.

Supplemental Information for Contracts