What is Ed Law 2D?
Education Law § 2-d protects student personally identifiable information (PII) from unauthorized disclosure. Additionally, Education Law § 2-d provides parents with rights regarding their child's PII. The parent fact sheet explains these rights.
For each contract the BCSD enters into with a provider, and where the third party contractor receives student or staff personally identifiable data, the following information will be included:
- the intent for which the student data or staff data will be used;
- a published agreement that the third party contractor will ensure that the subcontractors, persons or entities that the third party contractor will share the student or staff data with, if any, will abide by data protection and security requirements;
- the disposal of data that contains personally identifiable items;
- a process for parents, students, staff who wish to challenge the accuracy of the student data or staff data that is collected; and
- the location of data and where it will be stored.
Parents have the right to have complaints about possible breaches of student data addressed. Complaints should be directed to Eric Jordan, Eric_Jordan@bcsd.org Director of Technology, Brighton Central School District, 2035 Monroe Avenue, Rochester, NY 14618.
Resources for Parents
Family Educational Rights and Privacy Act (FERPA) Annual Notice to Parents
In accordance with the Family Educational Rights and Privacy Act (FERPA), the District limits the disclosure of directory information (to individuals other than those with legitimate educational interest) to specific parties, for specific purposes, as set forth below and in its annual notification to parents/eligible students. Eligible student means a student who is eighteen (18) years of age or older or who is attending an institution of postsecondary education.
Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The District defines “directory information” to include only the following: name, participation in officially recognized school activities and sports, dates of attendance, photograph, and honors and awards received.
Prior to disclosing directory information, the District will annually provide written notice to parents of students in attendance and eligible students in attendance of:
(a) the types of information the District releases as directory information;
(b) the limited purposes for which directory information is typically released;
(c) the parents’/eligible students’ rights to refuse to let the District designate any or all of those types of information as directory information (“opt out”); and
(d) the period of time within which parents/eligible students have to notify the District in writing that they do not want any or all of those types of information designated as directory information. Following such public notice and a reasonable response period, the District may release directory information for the limited reasons set forth below and in its annual written notice without prior written consent.
Parents and eligible students may not, by opting out of disclosure of directory information, prevent a school from requiring a student to wear or present a student identification card or a badge that displays information defined as “directory information.”
If a parent of a student under the age of eighteen (18) or an eligible student does not wish to have some or all of the directory information described above released without proper consent, the School Principal's Office must be notified in writing within thirty (30) days after publication of the annual notice to parents published in the Parent Information Guide, which is posted on the district website or in accordance with the terms provided in the fall newsletter sent by the district.
Limited Directory Information Disclosure
The District’s annual written notice to parents of students in attendance and eligible students will explain that the District’s disclosure of directory information will be limited to specific parties and specific purposes only.
The primary purpose for disclosing directory information without obtaining individual consent at the time of each disclosure is to allow the District to include information from education records in certain school publications, such as the yearbook, honor roll and other recognition lists, graduation programs, sports activity sheets, and playbills showing students’ roles in drama productions in a timely manner and without the necessity for requesting consent in situations in which it is expected that there would be no significant concern about invasion of privacy or any danger or harm from the disclosure. Unless the parent/eligible student opts out, the District will make the disclosure without obtaining consent. The District may also disclose directory information to outside organizations/parties without a parent’s/eligible student’s prior written consent but only for school-related activities or purposes. Examples of such outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.
The District shall not disclose directory information in any situation when a risk to student safety, risk of identity theft, or other harm to student(s) is reasonably perceived.
Military Recruiter and Institutions of Higher Education Access
The release of student directory information is not to be confused with the release of names, addresses and telephone listings of eligible students to Military Recruiters and Institutions of Higher Education in accordance with federal laws (See Policy #7243 Military Recruiters and Institutions of Higher Education). In compliance with the Elementary and Secondary Education Act of 1965 as amended by the Every Student
Succeeds Act (ESSA) of 2015, the School District will comply with the request by a military recruiter or an institution of higher education for this information unless a parent or eligible student has "opted out" of providing such information.
The opt-out forms for the buildings are available below.
BCSD Policies
- 7244 - Student Data Breaches
- 5674 - Data Networks and Security Access
- 7240 - Student Records. Access and Challenge
- 7242 - Limited Disclosure of Student Directory Information
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