Student Privacy

Right to Access

Parents and students over the age of 18 have the right to inspect and review education records within 45 days. You should submit a written request (student records request forms are available online) for education records to the principal. Upon verifying your identity and authorization to receive the requested records, NYCPS will either provide a copy of the requested records or arrange a time and place for you to review them.

Right to Request a Correction

You have the right to request a change to your child's education records if you believe they are inaccurate, misleading, or violate your child's privacy rights. You should submit a written request to amend records in writing (email is acceptable) to the principal describing the records you want changed, why you believe the information is currently inaccurate, misleading, or violates the student's privacy rights, and your proposed changes. If NYCPS decides not to amend the education records as requested, you will receive information about how to appeal the decision and request a hearing.

Right to Consent

You have the right to require written consent before personally identifiable information (PII) from your child's education records is disclosed. NYCPS has sample consent forms you can use.

In some cases, PII may be disclosed without consent. Examples of when PII may be disclosed without consent are:

• To school officials who have a legitimate educational interest in the information.
• When a student enrolls in or transfers to another school, district, or educational institution.
• To authorized government officials conducting audits or evaluations of NYCPS.
• In connection with students' financial aid applications.
• To organizations conducting studies for, or on behalf of, NYCPS.
• To parents of students age 18 and older if the student is a tax dependent.
• To comply with a judicial order or lawfully issued subpoena.
• To appropriate officials when there is a health or safety emergency.
• When NYCPS designates certain types of PII as "directory information". NYCPS has policies that limit the sharing of directory information, including what type of information may be designated as directory information and who may receive the information. You have the right to opt-out of having the student's PII disclosed as directory information. Opt-out forms are in the resources section below.

Right to Have Your Information Kept Safe and Secure

NYCPS uses safeguards, such as encryption, firewalls, and password protection, to protect your child's information. The safeguards meet industry standards, including the National Institute for Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity Version 2.0. Here are other ways that NYCPS protects your child's information:

• Only authorized staff are permitted to access your child's information.
• We collect and share your child's information only as necessary and only for educational purposes.
• All NYCPS staff are required to complete student privacy training every year.
• Outside organizations that need student information to provide us with products (such as education technology) or services (such as arts programs) are required to complete our data privacy and security compliance process before we share student information with them. Read about organizations' practices for keeping your child's information secure.

Right to Not Have Your Information Sold or Used for Marketing Purposes

NYCPS and outside organizations who receive your child's information from NYCPS may not sell or use your child's information for commercial, marketing or advertising purposes.

Right to Be Notified of Security Incidents

NYCPS will notify you after we discover the breach or unauthorized disclosure of your child's information. We also post information about incidents of note at Data Security Incidents.

Right to Know About Student Surveys

The Protection of Pupil Rights Amendment (PPRA) gives parents and students 18 years and older certain rights regarding participation in certain surveys, the collection and use of information for marketing purposes, and certain physical exams. In short, PPRA grants you the following rights:

• The right to provide written consent before students participate in any mandatory survey, analysis, or evaluation that reveals information concerning the following ("Protected Areas"):
  • political affiliations or beliefs of the student or their parent;
  • mental or psychological problems of the student or their family;
  • sex behavior or attitudes;
  • illegal, anti-social, self-incriminating, or demeaning behavior;
  • critical appraisals of others with whom respondents have close family relationships;
  • legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
  • religious practices, affiliations, or beliefs of the student or their parent; or
  • income, other than as required by law to determine program eligibility.
• The right to receive notice and an opportunity to opt out of having your child participate in optional surveys, analyses, or evaluations that reveal information concerning Protected Areas.
• The right to receive notice and an opportunity to opt out of having your child participate in any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered and scheduled by the school in advance, and is not necessary to protect the immediate health and safety of the student or other students.
• The right to inspect, upon request, the following prior to their administration or use:
  • Any survey that solicits information concerning the Protected Areas listed above; and
  • Any instructional materials used as part of the student's educational curriculum.

Right to Privacy Notices

You have the right to be notified of your rights under the Family Educational Rights and Privacy Act (FERPA) and PPRA on an annual basis. NYCPS provides you with several additional notices and forms to keep you informed of, and allow you the opportunity to exercise, various other privacy rights. At the start of each year, your school should distribute:

• Annual FERPA Notice
• Annual PPRA Notice
• Parents' Bill of Rights for Data Privacy and Security
• Media Consent Forms (also available in NYCSA)
• Directory Information Notice and Opt-Out Form

Right to File Complaints

You have the right to file a complaint about possible breaches and unauthorized disclosures of your child's PII with NYCPS and the New York State Education Department.

If you file a complaint with NYCPS, we will provide you with a response no more than 60 days after we receive it. If we need more than 60 days to respond, we will provide you with an explanation and an anticipated response date.

Complaints to NYCPS may be made to: Chief Privacy Officer
New York City Department of Education
52 Chambers Street, Room 308
New York, NY 10007
or by email to: Studentprivacy@schools.nyc.gov

Complaints to the New York State Education Department may be made to: Chief Privacy Officer
New York State Education Department
89 Washington Avenue
Albany, NY 12234
or by email to: privacy@nysed.gov

You also have the right to file a complaint with the United States Department of Education if you believe NYCPS failed to comply with FERPA. Complaints to the US DOE may be made to:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-8520
or by email to: FERPA.Complaints@ed.gov

Questions or Concerns?

If you have questions about your child's privacy, reach out to your school or contact the NYCPS Student Privacy Team at studentprivacy@schools.nyc.gov.