Placement within the system, with respect to building, teacher, and grade or special class, will be at the discretion of the school administration and will be subject to review and change at any time. In making such decisions, the administrator will be guided by performance in class, past records, parent or guardian and teacher recommendations, standardized test scores, and any other appropriate sources of information, but the final decision will rest with the school administration.
Promotion and Retention
The procedures to be followed by the staff regarding promotion and retention will be developed by the Superintendent and will be continually evaluated. building principals may establish written standards for promotion or retention within the school units to which the students are assigned, subject to the guidelines of the Superintendent and the approval of the Board.
The Board endorses and supports the use of ability, achievement, diagnostic, readiness, interest and guidance tests as part of the total educational process to the degree to which tests help the District to serve its students.
Alternative Testing Procedures
The use of alternative testing procedures will be limited to:
a) Students identified by the Committee on Special Education and/or Section 504 Team as having a disability. Alternative testing procedures will be specified in a student’s Individualized Education Program or Section 504 Accommodation Plan; and
b) Students whose native language is other than English (i.e., English language learners) in accordance with State Education Department Guidelines.
The alternative testing procedures employed will be based upon a student’s individual needs and the type of test administered.
The District will report the use of alternative testing procedures to the State Education Department on a form and at a time prescribed by the Commissioner.
Reporting to Parents/Guardians
Parents/guardians will receive an appropriate report of student progress at regular intervals.
Report cards will be used as a standard vehicle for the periodic reporting of student progress and appropriate school related data. Report cards, however, are not intended to exclude other means of reporting progress, such as interim reports, conferences, phone conversations, etc.
When necessary, attempts will be made to provide interpreters for non-English speaking parents/guardians.
Section 504 of the Rehabilitation Act of 1973, 29 United States Code (USC) Section 794 et seq.
Education Law Section 1709(3)
8 New York Code of Rules and Regulations (NYCRR) Sections 100.2(g), 117 and 154
PROVISION OF INTERPRETER SERVICES TO PARENTS WHO ARE HEARING IMPAIRED
The Board assures parents or persons in parental relation who are hearing impaired the right to meaningful access to school initiated meetings or activities pertaining to the academic and/or disciplinary aspects of their children’s education. School initiated meetings or activities are defined to include, but are not limited to, parent-teacher conferences, child study or building-level team meetings, planning meetings with school counselors regarding educational progress and career planning, suspension hearings or any conferences with school officials relating to disciplinary actions. The term “hearing impaired” will include any hearing impairment, whether permanent or fluctuating, which prevents meaningful participation in District meetings or activities.
Parents or persons in parental relation will be notified of the availability of interpreter services to be provided at no charge, provided that a written request is made to the District within 14 days of the scheduled event. Exceptions to the time frame request may be made for unanticipated circumstances as determined by the principal or designee. The District will also notify appropriate school personnel as to the terms and implementation of this policy.
If interpreter services are requested, the District will appoint an interpreter for the hearing impaired to interpret during the meeting or activity. The District will arrange for interpreters through a District-created list or through an interpreter referral service. The District will also develop interagency agreements, as appropriate, to ensure that sign language interpreters are provided for eligible parents or persons in parental relation when District students attend out-of-District schools or programs.
In the event that an interpreter is unavailable, the District will make other reasonable accommodations which are satisfactory to the parents or persons in parental relation. Examples of what constitutes reasonable accommodations in the event an interpreter cannot be located may include, but are not limited to, the use of:
a) Written communications, transcripts, note takers, etc; and
b) Technology, such as: a decoder or telecommunication device for the deaf, assistive listening devices, and closed or open captioning.
Education Law Section 3230
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(aa)
GRADUATION REQUIREMENTS/EARLY GRADUATION/ACCELERATED PROGRAMS
In order to graduate from Pine Bush Central School District, a student must complete or may exceed the requirements set forth in Part 100 of the Commissioner’s regulations. The Board reserves the right to establish requirements for graduation which exceed the minimum standards as defined by the New York State Regents. All students must be in compliance with Commissioner’s regulations for graduation in achieving a minimum of a Regents diploma unless otherwise indicated.
Regents Diploma with Honors
The District may award a Regents diploma with honors to students who receive an average of 90% on all Regents examinations required for the honors diploma. These exams include mathematics, science, US History and Government, Global History and Geography and languages other than English (LOTE). This “honors” diploma may also be given to a student who has substituted no more than two alternative assessments for a Regents examination as approved by Commissioner’s Regulations Section 100.2(f). However, the student’s actual score on the substituted alternative assessment will not be factored into the 90% calculation.
Regents Diplomas with Advanced Designation with Honors
The District may award a Regents diploma with advanced designation with honors. A student needs to have an average score of 90% on all Regents examinations required for the advanced diploma. These Regents examinations are: ELA, two (or three) mathematics, two sciences (one in physical science/the other in life science), US History and Government, Global History and Geography and languages other than English (LOTE).
Upon request from the student’s parent or guardian, a student will be eligible for early graduation in fewer than eight semesters upon completion of all requirements for graduation, excluding physical education, as mandated by Commissioner’s regulations. A student will not be required to continue enrollment for the sole purpose of completing physical education requirements.
Eighth Grade Acceleration for Diploma Credits
Individual eighth grade students only may be afforded the opportunity to take high school courses in mathematics and in at least one of the following areas: English, social studies, languages other than English, art, music, career and technical education subjects, or science courses. The Superintendent or designee is responsible for determining that an eighth grade student is eligible to take high school courses. The District will utilize a set of criteria to determine each student’s readiness for acceleration.
Students who are accelerated for diploma credit must have been provided instruction designed to facilitate their attainment of, by the end of Grade 7, the State intermediate learning standards in each subject area in which they are accelerated.
Advanced Placement (AP) examinations are administered by the College Board with strict guidelines as to its implementation. A national, standardized, arduous examination is administered by the College Board in May of each year for a great variety of courses in various subject areas. In addition to entering a universe of knowledge that might otherwise remain unexplored in high school, Advance Placement examinations afford students the opportunity to earn credit or advanced standing in most of the nation’s colleges and universities. The District will utilize a set of criteria to determine a student’s readiness for enrollment in the Advanced Placement classes.
8 New York Code of Rules and Regulations (NYCRR) Sections 100.1(i), 100.2(f), 100.4(d) and 100.5
DIPLOMA AND/OR CREDENTIAL OPTIONS FOR STUDENTS WITH DISABILITIES
The District is committed to ensuring that students with disabilities are provided appropriate opportunities to earn a Regents or Local Diploma or other exiting Commencement Credential in accordance with the Commissioner’s regulations. To this end, graduation and transition plans will take into account the various pathways available to these students.
In addition to all graduation options afforded to general education students, including the Regents Diploma and various honors and/or designations, the following diplomas and/or credentials are also available for students with disabilities.
To earn a Local Diploma, students with disabilities must:
a) Complete the same 22 units of credit required for a Regents Diploma; and
b) Achieve a score of 55 or higher on one or more of the five examinations required for a Regents Diploma.
Note: Students with disabilities entering Grade 9 prior to September 2011: A passing grade on a Regents Competency Test (RCT) may be used in lieu of a passing grade on a Regents examination. The school may administer the RCT before or after the corresponding Regents exam, however the student must take the required Regents exam. The RCT option remains available until the applicable student graduates or turns 21 years old.
Local Diploma Compensatory Option (Safety Net)
To earn a Local Diploma using the compensatory option, students with disabilities must:
a) Complete the same 22 units of credit required for a Regents Diploma;
b) Achieve a score of at least 55 on both the English (ELA) and Math Regents exams;
c) Achieve a score between 45-54 on one or more of the other required Regents exams (US History and Government, Global History, and a Science), in which case each score of 65 or higher on any other Regents exam may compensate for a single 45-54 required exam;
d) Obtain a passing grade for the course in the subject area of the Regents exam in which he or she received a score of 45-54;
e) Have a satisfactory attendance rate in accordance with the District’s or school’s attendance policy for the school year; and
f) Not already be using a passing score on any RCTs, if such exam is available to the student (entered Grade 9 prior to September 2011).
Career Development and Occupational Studies (CDOS) Commencement Credential
The Career Development and Occupational Studies (CDOS) Commencement Credential may be earned by a student with a disability to document his or her preparation for entry-level employment after high school. This credential can be awarded in conjunction with a Regents or Local Diploma, or may be issued by itself.
When awarding the CDOS Commencement Credential using option one, the student will demonstrate evidence of the following requirements, which will be verified by the District:
a) The student has a developed, annually reviewed and, as appropriate, revised Career Plan to assure the student is actively engaged in career exploration;
b) The student has demonstrated commencement level knowledge and skills of the CDOS learning standards. To evidence this level of knowledge and skill, a student must demonstrate: career development, integrated learning, and universal foundation skills. In addition a student may also, but is not required to, demonstrate additional career skills by completing a career-specific major;
c) The student has successfully completed at least two units of study (216 hours) in Career and Technical Education (CTE) courses, including a minimum of 54 hours of documented school supervised work-based learning experiences, which may, but is not required to, be completed in conjunction with the CTE courses; and
d) Within one year prior to a student’s exit from school, at least one Employability Profile must be completed by designated school staff or other individuals knowledgeable about the student’s employment skills and experiences.
A student’s CTE courses and supervised work-based learning experiences must be documented on his or her transcript and the Career Plan and Employability Profile must be placed in a student’s permanent record. The State Education Department (SED) has provided models of the Career Plan and Employability Profile forms as well as charts of work-based learning programs and nationally-recognized work-readiness credentials, located at http://www.p12.nysed.gov/specialed/publications/CDOScredential-613.pdf
Instead of the above (a-d) requirements, a District may utilize option two by awarding a CDOS Commencement Credential to a student who has completed a nationally-recognized work-readiness program or certification. Districts cannot exclusively offer option two and must still provide opportunities for students to fulfill the CDOS Commencement Credential through option one’s requirements.
Skills and Achievement (SA) Commencement Credential
To issue the Skills and Achievement (SA) Commencement Credential the District must ensure that the student:
a) Meets the definition of a student with a severe disability;
b) Has been recommended by the Committee on Special Education (CSE) to take the New York State Alternative Assessment (NYSAA) for students with severe disabilities;
c) Has been given appropriate opportunities to participate in community experiences and development of employment and other instructional activities to prepare the student for post-secondary living, learning and employment; and
d) Has been issued a summary of the student’s academic achievement and functional performance. A model summary form developed by SED is located at:
Awarding the SA or CDOS Commencement Credentials
The SA and CDOS Commencement Credentials may be issued at any time after such student has attended school for at least 12 years, or at the end of the school year in which the student turns 21 years old. When a student is under 21 and is issued SA Commencement Credential or the CDOS Commencement Credential without the Regents or Local Diploma, the credential award must be accompanied by a written statement of assurance. This statement must indicate that the student remains eligible to attend the public school within the District, without payment of tuition, until the student has either earned a diploma or until he or she turns 21, whichever occurs first.
The CDOS and SA Commencement Credentials must be similar in form to the diplomas issued by the District, except that they will not use the term “diploma” on them. The SA Commencement Credential must contain a clear annotation that it is based on alternate academic achievement standards. The CDOS Commencement Credential will indicate that it has been endorsed by the New York State Board of Regents as a certificate of readiness for entry-level employment.
Education Law Sections 3202 and 4402
8 NYCRR Sections 100.1, 100.2, 100.5, 100.6, 200.4 and 200.5
EXCHANGE STUDENTS/STUDENT CREDIT FOR OVERSEAS COURSES
The Board has granted permission for the high school to acknowledge the course work taken by students who travel overseas during the summer and who also carryon an organized program of study during such travel.
The following criteria have been established for granting credit:
a) A Carnegie unit of credit will be granted where classroom instruction equals 7200 minutes in time. A pro-rated partial credit will be granted where the time of classroom instruction is less than 7200 minutes.
b) Because of the difference in European and American evaluation of students, no qualitative mark will be assigned to the credit.
c) Students wishing to acquire the elective credit should prepare a 600 word written evaluation of their experience and should bring this evaluation to the High School Principal upon their return to school. The High School Principal may also, at his or her option, require an oral report of the trip.
d) The students requesting the elective credit should have in writing the chaperones’ recommendation and a copy of the transcript of completion of work done.
DUAL CREDIT FOR COLLEGE COURSES
Students who wish to enroll in college level coursework will meet all academic, grade level and coursework requirements as set forth by administrative guidelines. Students who have demonstrated intellectual and social maturity may choose to matriculate at any one of the colleges that have a cooperative agreement with our District. Such opportunities may include early admission to college, collegiate-level work offered in the high school, or other means of providing advanced work. Review and approval by the administration are necessary before any college courses may be taken during the school day.
The Board will not be required to pay tuition and other related costs for those high school students enrolled in college courses.
STUDENT RECORDS: ACCESS AND CHALLENGE
The District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, parents/guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under 18, or a student who is 18 years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all education records maintained by the District.
The term “education records” is defined as all records, files, documents and other materials containing information directly related to a student, and maintained by the education agency or institution, or by a person acting for such agency or institution (34 Code of Federal Regulations [CFR] Section 99.3). This includes all records regardless of medium, including, but not limited to, handwriting, videotape or audiotape, electronic or computer files, film, print, microfilm, and microfiche.
In addition, for students who attend a public school district, all records pertaining to services provided under the Individuals with Disabilities Education Act (IDEA) are considered “education records” under FERPA. As such, they are subject to the confidentiality provisions of both Acts.
Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are:
a) Kept in the sole possession of the maker;
b) Not accessible or revealed to any other person except a temporary substitute; and
c) Used only as a memory aid.
Additionally FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official’s personal knowledge or observation and not from the student’s education records.
Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.
Access to Student Records
The Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures will be to make available to the parents/guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are 18 years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to ensure the confidentiality of such records with respect to third parties.
Under FERPA, unless otherwise exempted in accordance with law and regulation, the District may release personally identifiable information (PII) contained in student education records only if it has received a “signed and dated written consent” from a parent or eligible student. Signed and dated written consent may include a record and signature in electronic form provided that such signature:
a) Identifies and authenticates a particular person as the source of the electronic consent; and
b) Indicates such person’s approval of the information contained in the electronic consent.
Exceptions to FERPA’s prior consent requirement include, but are not limited to:
a) Directory Information and Limited Directory Information
The District has the option of designating certain categories of student information as “directory information.” The Board directs that “directory information” include a student’s name, address, telephone listing, email address, date and place of birth, major course of study, dates of attendance, grade level, participation in school activities or sports, weight and height of members of athletic teams, degrees and awards received, student ID number, and photograph.
Once the proper FERPA notification is given by the District, a parent or guardian or eligible student will have 14 days to notify the District of any objections they have to any of the “directory information” designations. If no objection is received, the District may release this information without prior approval of the parent or guardian or eligible student for the release.
b) To School Officials who have a Legitimate Educational Interest
To other school officials, within the educational agency or institution whom the school has determined to have legitimate educational interests. An educational interest includes the behavior of a student and disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of the student, other students or other members of the school community. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. 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; 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 or student serving on an official committee, such as a disciplinary or grievance.
c) To Another Educational Institution
The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll, or after the student has enrolled or transferred, so long as the disclosure is for purposes related to the student’s enrollment or transfer. Parental consent is not required for transferring education records if the school’s annual FERPA notification indicates that such disclosures may be made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.
d) For Health and Safety Emergency Reasons
School districts must balance the need to protect students’ personally identifiable information with the need to address issues of school safety and emergency preparedness. Under FERPA, if an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records, without consent, to any person whose knowledge of the information is necessary to protect the health and safety of the student or other individuals during the period of the health or safety emergency. School districts may release information from records to appropriate parties including, but not limited to, parents, law enforcement officials and medical personnel. A school district’s determination that there is an articulable and significant threat to the health or safety of a student or other individuals will be based upon a totality of the circumstances, including the information available, at the time the determination is made. The school district must record the articulable and significant threat that formed the basis for the disclosure and maintain this record for as long as the student’s education records are maintained.
e) To Juvenile Justice Systems
Information may be disclosed to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released. In such cases the official or authority must certify in writing that the information will not be disclosed to any other party except as provided under law without prior written consent.
f) To Foster Care Agencies
A district may release records to an agency caseworker or other representative of a State or local child welfare agency, who has the right to access a student’s case plan, when the agency or organization is legally responsible, for the care and protection of the student. This does not give a child welfare agency the right to look into any non-foster care student’s records, without parental consent, when there has been a mere allegation of abuse or neglect, absent an order or subpoena (see below).
g) In accordance with a Subpoena or Court Order
When a district receives a subpoena or court order for the release of records the District must make a reasonable effort to notify the parent or guardian or eligible student of the order or subpoena in advance of compliance. This allows the parent or guardian or eligible student to seek protective action against the subpoena or order before the release of the records.
Districts may disclose a student’s records without first notifying parents/guardians or eligible students if the disclosure is:
1. Based on a subpoena in which the court orders, for good cause shown, not to reveal to any person the existence or contents of the subpoena or any information furnished in accordance with the subpoena;
2. In accordance with a judicial order in cases where the parents are a party to a court proceeding involving child abuse or neglect or dependency matters, and the order is issued in the context of that proceeding; or
3. Made to a court (with or without an order or subpoena) when a District is involved in a legal action against a parent or student and the records are relevant to the matter.
h) To Parents of a Dependent Student
Even when a student turns 18 years of age or older a District may disclose education records to that student’s parents, without the student’s consent, if the student is claimed as a dependent for federal income tax purposes by either parent.
Required Agreements for the Studies or Audit/Evaluation Exceptions
To the extent required by law, the District will enter into a written agreement with organizations conducting studies for the District, or, with its designated authorized representatives in connection with audits or evaluations of education programs within the District. In the event that the District discloses PII from education records to its own designated authorized representative in connection with an audit or evaluation of an educational program within the District, it will use reasonable methods to ensure to the greatest extent practicable that its designated authorized representative complies with FERPA and its regulations.
State Exception for Student Teacher Videotaped Instruction
Although not specifically listed in the enumerated exceptions to FERPA, New York State regulations specify that schools are required to allow student teachers to videotape themselves providing instruction in a classroom to meet the instruction component for teaching certification. The video must remain confidential and is not subject to viewing or disclosure to an individual or entity other than the student teacher applicant and personnel engaged in the determination of that student teacher’s certification.
Challenge to Student Records
Parents/guardians of a student under the age of 18, or a student who is 18 years of age or older or who is attending an institution of post-secondary education, will have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.
Parents/guardians or an eligible student do not have the right to correct, delete or expunge grades, an individual’s opinion or other substantive decisions of the District that appear in a student’s record.
Release of Information to the Noncustodial Parent
The District may presume that the noncustodial parent has the authority to request information concerning his or her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent’s access to the records, it would be his or her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.
Family Educational Rights and Privacy Act of 1974, 20 USC Section 1232g
34 CFR Part 99
8 NYCRR Section 80-1.5(b
MILITARY RECRUITERS’ ACCESS TO SECONDARY SCHOOL STUDENTS AND INFORMATION ON STUDENTS
In compliance with the Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind Act of 2001 (NCLB); and the National Defense Authorization Act, and in accordance with the Family Educational Rights and Privacy Act (FERPA), the District will comply with a request by a Military Recruiter for names, addresses, and telephone listings of eligible students. Eligible student under ESEA and the National Defense Authorization Act is defined as a secondary student who is 17 years of age or older or in the eleventh grade (or its equivalent) or higher. Under ESEA and the National Defense Authorization Act, parents must be notified that the District by law routinely discloses students’ names, addresses, and telephone listings to Military Recruiters upon request, subject to a parent’s/eligible student’s request not to disclose such information with written parental verification of such request.
Under FERPA, the District must provide notice to parents/eligible students of the types of student information that it releases publicly. This type of information, commonly referred to as “directory information,” which is released by the District includes – but is not limited to – such items as students’ names, addresses, and telephone listings. The notice must include an explanation of a parent’s/eligible student’s right to request that “directory information” not be disclosed without prior written consent of the parent or eligible student. Eligible student under FERPA is defined as a student 18 years of age or older or who is attending an institution of post-secondary education.
A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents/eligible students of the above information is sufficient to satisfy the notification requirements of both FERPA, ESEA and the National Defense Authorization Act. The notification will advise the parent or eligible student of how to opt out of the public, nonconsensual disclosure of directory information and the disclosure of name, address and telephone listing to Military Recruiters; and will state the method and timeline within which to do so.
Further, in compliance with the ESEA and the National Defense Authorization Act, the District will give Military Recruiters the same access to secondary school students as they provide to postsecondary institutions or to prospective employers.
If a parent or eligible student opts out of providing directory information (or any subset of such information) to third parties, the opt-out relating to the student’s name, address, or telephone listing applies to requests from Military Recruiters as well. For example, if the opt-out states that telephone numbers will not be disclosed to the public, the District may not disclose telephone numbers to Military Recruiters.
The Superintendent/designee will ensure that appropriate notification is provided regarding the opt-out rights prohibiting release of directory information and/or release of name, address and telephone listing to Military Recruiters.
Elementary and Secondary Education Act of 1965, Section 9528, 20 United States Code (USC)
Section 7908 as amended by the No Child Left Behind Act of 2001
Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g) National Defense Authorization Act Section 544, 10 United States Code (USC) Section 503
34 Code of Federal Regulations (CFR) Section 300.571
Education Law Section 2-a
8 New York Code of Rules and Regulations (NYCRR) Section 3.33
STUDENT DATA BREACHES
A student data breach is defined as any instance in which there is an unauthorized release of or access to personally identifiable information (PII) or other protected information of students not suitable for public release.
School districts have a legal responsibility to protect the privacy of education data, including personally identifiable information (PII) of its students. The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, protects the privacy of student education records. Although FERPA does not include specific data breach notification requirements, it does protect the confidentiality of education records and requires districts to record each incident of data disclosure in accordance with 34 CFR 99.32 (a)(1). In addition, under state law, direct notification of parents and/or affected students may be warranted depending on the type of data compromised that could lead to identity theft.
The District has implemented privacy and security measures designed to protect student data stored in its student data management systems. These measures include reviewing information systems and data to identify where personally identifiable information is stored and used; monitoring data systems to detect potential breaches; and conducting privacy and security awareness training for appropriate staff. In the event of an alleged breach, the District will promptly take steps to validate the breach, mitigate any loss or damage, and notify law enforcement if necessary.
The Superintendent will develop and implement regulations for prevention, response and notification regarding student data breaches.
34 CFR 99.32 (a)(1)
Technology Law Sections 202 and 208
STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS
The Protection of Pupil Rights Amendment (PPRA) governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:
a) Political affiliations or beliefs of the student or the student’s parent or guardian;
b) Mental or psychological problems of the student or the student’s family;
c) Sex behavior or attitudes;
d) Illegal, anti-social, self-incriminating, or demeaning behavior;
e) Critical appraisals of other individuals with whom respondents have close family relationships;
f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
g) Religious practices, affiliations, or beliefs of the student or student’s parent or guardian; or
h) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.
The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).
The rights provided to parents/guardians under PPRA transfer from the parent or guardian to the student when the student turns 18 years old or is an emancipated minor under applicable State law.
The District may use funds provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to enhance parental/guardian involvement in areas affecting the in-school privacy of students.
Annual Parental Notification of Policies/Prior Written Consent/”Opt Out” Provisions
The District will provide for reasonable notice of the adoption or continued use of this policy directly to parents/guardians and eligible students enrolled in the District. At a minimum, the District will provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.
Further, in the notification, the District will offer an opportunity for parents/guardians to provide written consent or opt their child out of participation in the following activities in accordance with law and the surveys conducted:
a) The administration of any survey containing one or more of the eight protected areas.
1. U.S. Department of Education-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.
2. Surveys funded by sources other than U.S. Department of Education: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his or her child out of participating upon receipt of the notification.
b) Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose).
c) Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; administered by the school and scheduled by the school in advance; and not necessary to protect the immediate health and safety of the student, or of other students. The term “invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision or scoliosis screening.
In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it will “directly” notify, such as through U.S. Mail or email, the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to provide written consent or opt his or her child out of participation in accordance with law and the surveys conducted.
U.S. Department of Education-Funded Surveys
In compliance with the Protection of Pupil Rights Amendment (PPRA), the District is committed to protecting the rights and privacy interests of parents/guardians and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education (DOE).
The District will make instructional materials available for inspection by parents/guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate. In addition, the District will obtain prior written parental/guardian consent before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.
Surveys Funded by Sources Other than U.S. Department of Education
The District has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following:
a) The right of the parent or person in parental relation to inspect, upon request, a survey created by a third party (i.e., by a party other than the DOE) before the survey is administered or distributed by the school to a student. Requests by parents/guardians to inspect such surveys are to be submitted, in writing, to the building principal at least ten days prior to the administration or distribution of any survey. Further, the District will grant a request by the parent or guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.
b) Arrangements will be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent or guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests must be submitted by the parent or guardian, in writing, to the building principal at least ten days prior to the administration or distribution of any survey.
c) Parents/guardians will be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within a reasonable period of time (defined by the District, for the purposes of this policy, as 30 days) after such request is received by the District. Requests will be submitted by parents/guardians, in writing, to the building principal. The term “instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
d) The administration of physical examinations or screenings that the District may administer to a student.
Further, this law does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings that are permitted without parental notification.
In the implementation of this provision regarding the administration of physical examinations or screenings that the school may administer to the student, the District incorporates by reference Board policies that address student health services, as applicable, including but not limited to policies regarding the administration of medication, immunization of students, and student physicals.
e) Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of the Board, to not permit the collection, disclosure, or use of personal information (the term “personal information” is defined as individually identifiable information including a student’s or parent or guardian’s first and last name; home address; telephone number; or Social Security number) collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), unless otherwise exempted in accordance with law as noted below. Questions regarding the collection, disclosure, or use of personal information collected from students for such marketing purposes may be referred to the school attorney as deemed necessary by the Superintendent/designee.
This law is not intended to preempt applicable provisions of State law that require parental/guardian notification.
These requirements do 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 the following:
a) College or other postsecondary education recruitment, or military recruitment*;
* Military recruiter access to student information is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and the National Defense Authorization Act for Fiscal Year 2002.
b) Book clubs, magazines, and programs providing access to low-cost literary products;
c) Curriculum and instructional materials used by elementary schools and secondary schools;
d) Tests and assessments used by elementary schools and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about 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) The sale by students of products or services to raise funds for school-related or education-related activities;
f) Student recognition programs.
Family Educational Rights and Privacy Act of 1974, as amended by the No Child Left Behind Act of 2001,
20 United States Code (USC) Sections 1232h(b) and 1232h(c)
34 Code of Federal Regulations (CFR) Part 98
DESIGNATION OF PERSON IN PARENTAL RELATION
In accordance with General Obligations Law Title 15-A, a parent of a minor or incapacitated person may designate another person as a person in parental relation to such minor or incapacitated person for certain health care and educational decisions for a period not exceeding six months. However, such parental designation is conditioned upon there being no prior order of any court in any jurisdiction currently in effect that would prohibit the parent from himself/herself exercising the same or similar authority; and provided further that, in the case where a court has ordered that both parents must agree on education or health decisions regarding the child, a designation in accordance with this law will not be valid unless both parents have given their consent.
The designation of a person in parental relation must be in writing in the form prescribed by General Obligations Law Title 15-A, and will include specified information as enumerated in law for designations of 30 days or less, as well as additional information required for designations of more than 30 days.
The designation of a person in parental relation may be presented to any school that requires such designation by either the parent or designee. The designation may specify a period of time less than six months for which such designation will be valid unless earlier revoked by the parent in accordance with law. However, a designation specifying a period of more than 30 days will be notarized.
If no time period is specified in the designation, it will be valid until the earlier of:
a) Revocation; or
b) The expiration of 30 days from the date of signature if the designation does not meet the requirements for designations of more than 30 days, or
c) Six months from the date of commencement specified in the designation if the designation meets the requirements for designations of more than 30 days.
Scope of Designation
A designation made in accordance with this law may specify:
a) The treatment, diagnosis or activities for which consent is authorized;
b) Any treatment, diagnosis or activity for which consent is not authorized; or
c) Any other limitation on the duties and responsibilities conveyed by the designation.
Revocation of Designation
A parent may revoke a designation by notifying, either orally or in writing, the designee or a school to which the designation has been presented, or by any other act evidencing a specific intent to revoke the designation. A designation will also be revoked upon the execution by the parent of a subsequent designation. Revocation by one parent authorized to execute such a designation will be deemed effective and complete revocation of a designation in accordance with law.
A designee who receives notification from a parent of any such revocation will immediately notify any school to which a designation has been presented. A parent may directly notify any such school of the revocation. The failure of the designee to notify the school of such revocation will not make the revocation ineffective.
Effect of Designation
a) A designee will possess all the powers and duties of a person in parental relation in accordance with Public Health Law Sections 2164 and 2504 and Education Law Sections 2 and 3212, unless otherwise specified in the designation.
b) A designation will not impose upon a designee a duty to support in accordance with Family Court Act Section 413.
c) A designation will not cause a change in the school district of residence of the child for purposes of the Education Law, and during the period of validity of the designation, the child will be presumed to be a resident of the school district in which the parent resided at the time the designation was made.
d) A designation will terminate and be revoked upon the death or incapacity of the parent who signed the designation.
e) The decision of a designee will be superseded by a contravening decision of a parent.
A person who acts based upon the consent of a designee reasonably and in the good faith belief that the parent has in fact authorized the designee to provide such consent may not be deemed to have acted negligently, unreasonably or improperly in accepting the designation and acting upon such consent. However, any such person may be deemed to have acted negligently, unreasonably or improperly if he or she has knowledge of facts indicating that the designation was never given, or did not extend to an act or acts in question, or was revoked.
No provision of General Obligations Law Title 15-A will be construed to require designation of a person in parental relation as provided within the statute where such designation is not otherwise required by law, rule or regulation.
Education Law Sections 2 and 3212
Family Court Act Section 413
General Obligations Law Title 15-A
Mental Hygiene Law Section 80.03
Public Health Law Sections 2164 and 2504