Complaints may also be directed in writing to Privacy Complaint, Chief Privacy Officer, New York State Education Department, 89 Washington Avenue, Albany, New York 12234. Complaints may also be submitted using the form available at the following website: NYSED - Report Improper Disclosure

NYS Chief Privacy Officer (CPO) Email: privacy@nysed.gov

Parents/guardians have the right to file complaints about possible breaches of student data. Parents/guardians may submit a complaint regarding a potential breach by the Mineola Union Free School District to:

Dr. Whittney Smith, Director of Instructional Technology and Assessment and Mineola’s Data Protection Officer, at wsmith@mineola.k12.ny.us, 2400 Jericho Turnpike, Garden City Park, NY 11040.

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records.  These rights include:

1. The right to inspect and review the student's education records within 45 days after the day the Mineola Public Schools (“Mineola” or the “District”) receives a request for access.

   Parents or eligible students who wish to inspect their child’s or their education records should submit to the student’s school principal or other appropriate school official a written request that identifies the records they wish to inspect.  The school official will arrange for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

   Parents or eligible students who wish to ask the school to amend their child’s or their education record should write the student’s school principal, clearly identify the part of the record they want changed, and specify why it should be changed.  If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to provide written consent before the District discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

   One exception, which permits the District to disclose education records without the prior written consent of the parent/eligible student, is disclosure to school officials with legitimate educational interests.  A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel);  a person serving on the board of education; or a parent or student serving on an official committee, such as a disciplinary or grievance committee.  A school official also may include a volunteer,  contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; or other volunteer assisting another school official in performing his or her tasks.  A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the District.

   Upon request, the District also discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer. This is another exception to the general requirement of prior consent. 

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

FERPA requires that the Mineola Union Free District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information (PII) from your child’s education records.  However, the District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.  The primary purpose of directory information is to allow the District to include this type of information from your child’s education records in certain school publications.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.  In addition, two federal laws require local educational agencies (“LEAs”) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.[1]

If you do not want the District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 15.  The District, in accordance with Board of Education Policy 7241,[2] has currently designated the following information as directory information:

• Student's name
• Telephone listing
• Date and place of birth
• Major field of study
• Grade level
• Participation in officially recognized activities and sports
• Weight and height (for members of athletic teams)
• Dates of attendance
• Honors, degrees and awards received
• Email address
• Photograph
• Audio or Video recordings
• Name of educational institution previously attended
• Student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

For other exceptions to the Requirement for parent/eligible student written consent proper to disclosure of education records, and in accordance with 34 C.F.R. § 99.37, please see Board Policy 7241.