One suggestion is to write about all this to:
BOCES of NYS
355 Harlem Rd.
West Seneca, NY 14224
Further, according to 8NYCRR: Regulations of the Commissioner of Education (section 188.11c), local governments are legally required to store backup copies of archival electronic records in offsite facilities. These facilities may or may not be owned by the government, but they should ideally be far enough from the government’s primary facility to ensure the accessibility of the records in the event of a regional disaster.
To be legally compliant, local governments must submit a formal letter concerning the storage of their electronic records in a facility that is not owned or maintained by the government to the State Archives’ Director of Government Records Services (9A47 Cultural Education Center, Albany, NY 12230), who will review the request to ensure the records will be safe and secure.
BIG QUESTION – DOES NYS-GRS HAVE an approved secure facility for the storage of student records AND IF NOT, WHY NOT?
Cloud computing, virtualization, hosting,… local governments … should be aware of the issues involved in handing over custody and control of data to a vendor or to some other government or agency (as a school district would to a BOCES – Boards of Cooperative Educational Services.)
New England Journal of Medicine
… electronic health data are poised for an online transformation that is being catalyzed by Dossia (a nonprofit consortium of major employers), Google Health, Microsoft HealthVault, and other Web services that are seeking expanded roles in the $2.1 trillion U.S. health care system.
On September 15, State Attorney General Andrew Cuomo announced a $100,000 settlement with EchoMetrix, a developer of parental control software that monitors children’s online activity. The Electronic Privacy Information Center (“EPIC”) alleged in a complaint to the Federal Trade Commission that EcoMetrix was deceptive…
… there is a growing concern that automated personal data systems present a serious potential for harmful consequences, including infringement of basic liberties. This has led to the belief that special safeguards should be developed to protect against potentially harmful consequences for privacy and due process.
The Committee was asked to analyze and make recommendations about:
• Harmful consequences that may result from using automated personal data systems;
• Safeguards that might protect against potentially harmful consequences;
• Measures that might afford redress for any harmful consequences;
• Policy and practice relating to the issuance and use of Social Security numbers.
The federal Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) establish the minimum requirements school systems must meet in maintaining, protecting, and providing access to students’ school records. Individualized Education Program (IEP); and, often, correspondence between you and school personnel.
FERPA and IDEA prohibit schools from disclosing your child’s records to anyone without your written consent. The only exceptions are:
• School officials, including teachers, in your child’s district with a legitimate educational interest as defined in the school procedures
• School officials in the school district to which your child intends to transfer (Before the records are sent, however, you will want to review them and challenge their content, if necessary.)
• Certain state and national education agencies, if necessary, for enforcing federal laws
• Anyone to whom a state statute requires the school to report information
• Accrediting and research organizations helping the school, provided they guarantee confidentiality
• Student financial aid officials
• People who have court orders, provided the school makes reasonable efforts to notify the parent or student before releasing the records
• Appropriate people in health and safety emergencies such as doctors, nurses, and fire marshals
• Law enforcement and judicial authorities in certain cases
The plot thickens regarding storage of student information. This is with regard to the children of illegal immigrants who cannot be denied a free public educations.
Local schools, including Queensbury and Glens Falls, told to follow law on immigration queries
(click link above to read article)
Here is the second link I have found regarding security, privacy and school records. What would make the MOST sense to me is a state or federal on-line system for student records which guarantees state-of-the-art security and privacy safeguards.
I am curious to learn what New York state laws and Federal laws say about children’s school records, safety, privacy and security. I would appreciate any info or links. Below is the first link that I found regarding security problems with RFID chips
Study Finds that Children’s Privacy has been Compromised: A Fordham Law School study found that state educational databases across the country ignore key privacy protections for the nation’s school children. The study reports that at least 32% of states warehouse children’s social security numbers; at least 22% of states record student pregnancies; and at least 46% of the states track mental health, illness, and jail sentences as part of the children’s educational records.