Federal Laws that Protect Student Data
The Protection of Pupil Rights Amendment (PPRA) applies to the programs and activities of a state education agency (SEA), local education agency (LEA), or other recipient of funds under any program funded by the U.S. Department of Education. It governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:
- political affiliations or beliefs of the student or the student’s parent;
- mental or psychological problems of the student or the student’s family;
- sex behavior or attitudes;
- illegal, anti-social, self-incriminating, or demeaning behavior;
- critical appraisals of other individuals with whom respondents have close family relationships;
- legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
- religious practices, affiliations, or beliefs of the student or student’s parent; or
- 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 rights under PPRA transfer from the parents to a student who is 18 years old or an emancipated minor under state law.
ONC BOCES has adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. ONC BOCES will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. ONC BOCES will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. ONC BOCES will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys.
Following is a list of the specific activities and surveys covered under this direct notification requirement:
- Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
- Administration of any protected information survey not funded in whole or in part by ED.
- Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with:
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
Children's Internet Protection Act (CIPA)
The Children's Internet Protection Act (CIPA) was enacted by Congress in 2000 to address concerns about children's access to obscene or harmful content over the Internet. CIPA imposes certain requirements on schools or libraries that receive discounts for Internet access or internal connections through the E-rate program – a program that makes certain communications services and products more affordable for eligible schools and libraries. In early 2001, the FCC issued rules implementing CIPA and provided updates to those rules in 2011.
Schools and libraries subject to CIPA are required to adopt and implement an Internet safety policy addressing:
- Access by minors to inappropriate matter on the Internet;
- The safety and security of minors when using electronic mail, chat rooms and other forms of direct electronic communications;
- Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online;
- Unauthorized disclosure, use, and dissemination of personal information regarding minors; and
- Measures restricting minors' access to materials harmful to them.
Schools and libraries must certify they are in compliance with CIPA before they can receive E-rate funding.
- CIPA does not apply to schools and libraries receiving discounts only for telecommunications service only;
- An authorized person may disable the blocking or filtering measure during use by an adult to enable access for bona fide research or other lawful purposes.
- CIPA does not require the tracking of Internet use by minors or adults.
Congress passed the Children’s Online Privacy Protection Act (COPPA) to put parents in the driver’s seat when it comes to information websites collect about their kids under 13. Congress directed the Federal Trade Commission (FTC), the nation’s consumer protection agency, to issue the Children’s Online Privacy Protection Rule. The Rule has been in place since 2000 and the FTC revised it, effective July 1, 2013.
The Rule applies to operators of commercial websites and online services directed to children under the age of 13 that collect personal information. In addition, it applies to operators of sites and online services geared toward general audiences when they have “actual knowledge” they are collecting information from children under 13. Under the 2013 revisions, COPPA also applies to operators when they have “actual knowledge” they are collecting personal information from users of another site or online service directed to kids under 13. That means that in certain circumstances, COPPA applies to advertising networks, plug-ins, and other third parties.
Student education records are official and confidential documents protected by the Family Education Rights and Privacy Act, known as FERPA. This Act gives parents the right to review and confirm the accuracy of education records. These rights transfer to the student when the student turns eighteen years old or attends a postsecondary institution. This
A privacy law ensures that information collected by schools can be released only for specific and legally defined purposes. The policy is included in the Board of Education Policy Manual, #5500 Student Records, which can be found online in our board policies on our website (www.oncboces.org).
The Otsego Northern Catskills BOCES has a commitment to student records privacy. The Family Educational Rights and Privacy Act can also be found in our Student Handbook 2023-2024.
If you have any questions regarding a student’s educational records please contact one of the following persons listed below.
April Erkson, Director of Student Services at 607-588-6291 or 607-286-7715
Ashley Amos, Principal, NCOC - 607-588-6291
Dr. Brandie Nissen, Principal, OAOC - 607-286-7715
Kimberley Curran, Itinerant Services Coordinator, OAOC - 607-286-7715
NCOC - Northern Catskills Occupational Center, 2020 Jumpbrook Rd, Grand Gorge, NY 12434
OAOC - Otsego Area Occupational Center, 1914 County Route 35, Milford, NY 13807
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part is a Federal law that protects the privacy of student education records. The law applies 99 to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA give parents certain rights with respect to their children’s education records.
These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
- Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons of great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
- Parents or eligible students have the right to request that a school correct record which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information
- Generally, schools must have written permission from the parent or eligible student in order to release any information from the student’s education record, However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
- School officials with legitimate education interest;
- Other schools to which the student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their right under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Parents are provided with the opportunity to opt out of certain Directory Information disclosures by submitting the Parental Opt Out Form to the appropriate principal - Parental Opt-out Form
Ashley Amos, Principal, Northern Catskills Occupational Center, 2020 Jumpbrook Rd, Grand Gorge, NY 12434
Dr. Brandie Nissen, Principal, Otsego Area Occupational Center, 1914 County Route 35, Milford, NY 13807
For additional information or technical assistance, you may call (855) 249-3072.
Or you may contact the following address:
Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, SW
Washington, D.C. 20202-5920