Student Data Privacy Complaints
It is the policy of the DeKalb County Board of Education that the DeKalb County School District shall comply with the Family Educational Rights and Privacy Act (“FERPA”) and the Student Data Privacy, Accessibility, and Transparency Act, which are designed to ensure that education records and student data are kept confidential and secure from unauthorized access and disclosure.
For the purposes of this policy, a “parent” is defined as a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. An “eligible student” is defined as a student who has reached 18 years of age or is attending a postsecondary institution.
Any parent or eligible student “Complainant” may file a complaint with the District if that individual believes or alleges that a possible violation of rights under the above laws has occurred not more than one (1) year prior to the date the complaint is received by the District.
Complaints shall be handled in accordance with the following procedures:
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The Superintendent shall designate at least one individual (“Designee”) to respond to student data privacy complaints.
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Upon receipt of a request from a Complainant, the Designee shall provide within 3 business days of complaint form, which may also be made available on the District’s website.
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A written response shall be provided to the Complainant within 10 business days of the Designee’s receipt of the completed form.
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The Complainant may file an appeal with the Superintendent within 10 business days of receipt of Designee’s response.
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The Superintendent shall provide a written response to Complainant within 10 business days of receipt of appeal.
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The Complainant may file an appeal to the Board of Education within 10 business days of receipt of the Superintendent’s response.
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The Board of Education shall render a final decision within 10 business days of receipt of an appeal.
Legal References
- O.C.G.A. 20-02-0661 — Legislative intent and findings (Lexis)
- O.C.G.A. 20-02-0662 — Student Data Privacy, Accessibility, and Transparency Act: Definitions (Lexis)
- O.C.G.A. 20-02-0663 — Designation and role of chief privacy officer (Lexis)
- O.C.G.A. 20-02-0664 — Role of department (Lexis)
- O.C.G.A. 20-02-0665 — Prohibition on the reporting and collection of certain data (Lexis)
- O.C.G.A. 20-02-0666 — Activities by operators; limitations (Lexis)
- O.C.G.A. 20-02-0667 — Parental and student review of education record; model policies (Lexis)
- O.C.G.A. 20-02-0668 — Rules and regulations (Lexis)
- O.C.G.A. 38-03-0022.2 — Sharing and reporting of cyber attacks and data breaches; reports or records confidential; construction with other provisions (Lexis)
- 15 USC 6503 — Children's Online Privacy Protection Act - Safe harbors
- 18 USC 1513 — Retaliating against a witness, victim, or an informant
- 34 CFR 98.7 — Filing a complaint under PPRA
- 34 CFR 99.31 — Under what conditions is prior consent required to disclose information?
- 34 CFR 99.7 — Contents of annual FERPA notice to parents and eligible students