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SIRS - p-12 - New York State Education Department

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Introduction Select Federal and <strong>State</strong> Reporting Requirements<br />

Select Federal and <strong>State</strong> Reporting Requirements<br />

Protecting Privacy in Data Collection and Reporting<br />

Both federal and <strong>New</strong> <strong>York</strong> <strong>State</strong> laws govern privacy issues regarding student<br />

data. <strong>Education</strong> agencies and institutions that collect and maintain education records<br />

are subject to federal privacy laws if they receive funds from the United <strong>State</strong>s<br />

<strong>Department</strong> of <strong>Education</strong> (USED). If information derives from an education record or is<br />

maintained in the record, federal, <strong>State</strong>, and local privacy rules apply. Individuals who<br />

work with education records in agencies or schools are responsible for knowing the<br />

privacy regulations that apply to their work.<br />

The Family <strong>Education</strong>al Rights and Privacy Act of 1974 and the Protection of<br />

Pupil Rights Amendment are the two major laws governing the protection of education<br />

records and student and family privacy. The other key laws with specific federal<br />

regulatory requirements pertaining to schools are the National School Lunch Act and<br />

the Individuals with Disabilities <strong>Education</strong> Act.<br />

In developing procedures and processes for collecting and reporting data, it is<br />

necessary to incorporate safeguards to protect the privacy of the individuals to whom<br />

the data pertains. Of special concern are data related to an individual student's<br />

economic status (the poverty indicator) or eligibility for free- or reduced-price lunch.<br />

This information must not be shared in combination with any other information about a<br />

student and must be made available only to the person responsible for verifying the<br />

accuracy of the data.<br />

The National Center for <strong>Education</strong> Statistics (NCES) has developed several<br />

resources to provide guidance on privacy issues related to the collection and reporting<br />

of student data. The following links provide specific information about related topics:<br />

The Forum Guide to Data Ethics<br />

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2010801<br />

Protecting the Privacy of Student Records: Guidelines for <strong>Education</strong> Agencies<br />

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=97527<br />

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2004330<br />

Safeguarding Your Technology<br />

http://nces.ed.gov/pubs98/safetech/<br />

http://nces.ed.gov/pubs98/98297.pdf<br />

Student Data Handbook<br />

http://www.nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2000343rev<br />

NCES Web Site<br />

http://www.nces.ed.gov<br />

5 Student Information Repository System Manual for 2010–11 Version 6.2

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