Ed-Law 2-D Law Compliance

Protecting Student Privacy
The Seton Foundation for Learning takes seriously its obligations to secure data systems and protect the privacy of students and is committed to promoting sound information practices and policies that will strengthen data privacy and security.

The Seton Foundation for Learning will follow all applicable laws and regulations for the handling and storage of protected data in our schools and when disclosing or releasing it to others including, but not limited to, third-party contractors. The Seton Foundation for Learning adheres to this policy in order to implement the requirements of Education Law Section 2-d and its regulations.

Definition
“Protected Data” means personally identifiable data of students from student education records as defined by the Family Educational Rights and Privacy Act (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. This policy shall be published on the Seton Foundation for Learning’s website and notice of the policy will be provided to all employees.
2. The Seton Foundation for Learning 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. 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.
4. Nothing contained in this policy shall be construed as creating a private right of action against the Seton Foundation for Learning.
5. 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 benefits are provided in implementing regulations.
6. The Seton Foundation for Learning 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.
7. The Seton Foundation for Learning shall take steps to minimize its collection, process, and transmission of Protected Data.
8. Except as required by law, or in the case of enrollment data, the Seton Foundation for Learning shall not report to NYSED Juvenile Delinquency records, criminal records, medical health records, or student biometric information.

Education Law 2-d  8 NYCRR Part 121

DATA PROTECTION CONTACTS