The district complies with the Family Educational Rights and Privacy Act (FERPA). Parents and 18-year-old students may inspect official records relating to them including progress reports, grades, aptitude and achievement test scores, psychological tests, and teacher evaluations. A record may be challenged by parents or 18 year olds when they believe it to be inaccurate or misleading. The principal may remove designated material if in agreement with the challenge. Definitions of school official and additional procedures under FERPA can be found in the Board of Education Policy Manual.
Individual student records are confidential and are not released to colleges, employers, or elsewhere without written permission, subject to the following exceptions. District schools may forward educational records to other schools that have requested them and in which a student seeks or intends to enroll. What the law refers to as directory information may be made public for school purposes unless a parent informs us in writing that they do not want this information made public. Directory information that we may make public includes: a student’s name, address, phone number, grade level, honor or award received, dates of attendance, photograph, age, membership in a school athletic team, activity or club, and (for athletes only) height and weight. Directory information is primarily made public so that students’ accomplishments can be included in various publications such as a concert program, yearbook, or honor roll.
As required by federal law, the high school provides a list of senior class member names, addresses and phone numbers to the military services—unless parents inform the high school principal in writing by September 15 that they do not want their child included in such lists.
Parents and 18-year-old students have the right to opt out of the disclosure of directory information by contacting their school principal. Parents should also inform the Superintendent if they do not wish their child’s likeness to be included on the district website, Facebook page or in occasional photos or videos taken by the media or district staff for school-related purposes.
Also, in accordance with the federal Protection of Pupil Rights amendment, the district hereby notifies parents that our schools may occasionally conduct student surveys that touch on topics such as political affiliation, income, or beliefs or religious practices of the student. In such cases, a letter will be sent home explaining parent rights to opt a child out from such a survey before it is conducted.
Questions about school policies in connection with family rights and privacy laws can be addressed to the District Data Privacy Officer, Jennifer Back
[email protected]
Release of Directory Information to Military Recruiters and Institutions of Higher Learning
Pursuant to the No Child Left Behind Act, the district must disclose to military recruiters and institutions of higher learning, upon request, the names, addresses and telephone numbers of high school students. The district must also notify parents of their right and the right of their child to request that the district not release such information without prior written parental consent. Those parents who do not want the above information released to military recruiters and/or institutions of higher learning must notify the Byron-Bergen CSD 6917 West Bergen Road Bergen, NY 14416 in writing by October 1 of the current school year.
NOTIFICATION OF SPECIFIC EVENTS Notification
The District will notify the New York State Attorney General (AG), the New York State Department Consumer Protection Board (CPB) and the New York State Office of Cyber Security (OCS), as required by law. All affected individuals must be notified of the breach if their compromised data meets the classifications described in law. The District may delay notification of affected individuals if law enforcement determines that notification may impede a criminal investigation.
The required notice shall be directly provided to the affected persons by one of the following methods:
Written notice;
Electronic notice, provided that the person to whom notice is required has expressly consented to receiving the notice in electronic form; and a log of each such notification is kept by the District when notifying affected persons in electronic form. However, in no case shall the District require a person to consent to accepting such notice in electronic form as a condition of establishing any business relationship or engaging in any transaction;
Telephone notification, provided that a log of each such notification is kept by the District when notifying affected persons by phone; or
Substitute notice, if the District demonstrates to the State Attorney General that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds $500,000, or that the District does not have sufficient contact information. Substitute notice shall consist of all of the following:
Email notice when the District has an email address for the subject persons;
Conspicuous posting of the notice on the District's website page, if the District maintains one; and
Notification to major statewide media.
Regardless of the method of which notice is provided, a notification must include:
Contact information for the District official handling the notification;
A description of the categories of information that were, or are reasonably believed to have been, acquired without authorization; and
Details on which elements of personal and private information were, or are reasonably believed to have been, so acquired.
The New York State Office of Cyber Security will be informed as to the timing, content and distribution of the notices and the approximate number of affected persons. The Attorney General and the Division of Consumer Protection should also be informed of these notices to affected persons. Refer to
Form #5672 -- New York State Security Breach Reporting Form for contact information, addresses and notification guidelines.