Data Protection

Orchard Park Central Schools is committed to protecting the privacy and security of student, teacher, and principal data.  In accordance with New York Education Law § 2-d, the OPCSD wishes to inform the community of the following:

(1)  A student’s personally identifiable information (PII) cannot be sold or released for any commercial purpose. PII, as defined by Education Law § 2-d and 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.

(2) The right to inspect and review the complete contents of the student’s education record stored or maintained by an educational agency. This right may not apply to parents of an Eligible Student.

(3) State and federal laws such as Education Law § 2-d; the Commissioner of Education’s Regulations at 8 NYCRR Part 121, the Family Educational Rights and Privacy Act ("FERPA") at 12 U.S.C. 1232g (34 CFR Part 99); Children's Online Privacy Protection Act ("COPPA") at 15 U.S.C. 6501-6502 (16 CFR Part 312); Protection of Pupil Rights Amendment ("PPRA") at 20 U.S.C. 1232h (34 CFR Part 98); the Individuals with Disabilities Education Act (“IDEA”) at 20 U.S.C. 1400 et seq. (34 CFR Part 300); protect the confidentiality of a student’s identifiable information.

(4) Safeguards associated with industry standards and best practices including but not limited to encryption, firewalls and password protection must be in place when student PII is stored or transferred.

(5) A complete list of all student data elements collected by NYSED is available at http://www.nysed.gov/data-privacy-security/student-data-inventory and by writing to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234.

(6) The right to have complaints about possible breaches and unauthorized disclosures of PII addressed. Complaints may be submitted to NYSED at http://www.nysed.gov/data-privacy-security/report-improper-disclosure, by mail to: Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, NY 12234; by email to privacy@nysed.gov; or by telephone at 518-474- 0937.  You may also submit a complaint to the District - by mail to: Data Protection Officer, Orchard Park Central School District, 2240 Southwestern Blvd., West Seneca, NY 14224, or by telephone @ 716-209-6330. 

(7) To be notified in accordance with applicable laws and regulations if a breach or unauthorized release of PII occurs.

(8) 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.

(9) Educational agency contracts with vendors that receive PII will address statutory and
regulatory data privacy and security requirements.

APPENDIX

Supplemental Information Regarding Third-Party Contractors.  This applies to educational services that Orchard Park CSD purchases through Erie 1 BOCES.

In the course of complying with its obligations under the law and providing educational services, Erie 1 BOCES has entered into agreements with certain third-party contractors. Pursuant to such agreements, third-party contractors may have access to “student data” and/or “teacher or principal data,” as those terms are defined by law. 

Each contract the BOCES enters into with a third party contractor where the third party contractor receives student data or teacher or principal data will include the following information:

(1) the exclusive purposes for which the student data or teacher or principal data will be used;

(2) how the third party contractor will ensure that the subcontractors, persons or entities that the third party contractor will share the student data or teacher or principal data with, if any, will abide by data protection and security requirements;

(3) when the agreement expires and what happens to the student data or teacher or principal data upon expiration of the agreement;

(4) if and how a parent, student, eligible student, teacher or principal may challenge the accuracy of the student data or teacher or principal data that is collected; and

(5) where the student data or teacher or principal data will be stored (described in such a manner as to protect data security), and the security protections taken to ensure such data will be protected, including whether such data will be encrypted.