Notification of Rights under FERPA for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student’s education records. These rights are:
(1) The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access.
Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible students 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.
Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it is inaccurate. 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 advise them 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 consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.
A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. [Note: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
The District proposes to designate the following personally identifiable information contained in a student’s education record as "directory information"; it discloses that information without prior written consent, except that directory information is not released for a profit-making plan or activity. Such information includes:
1. student’s name
2. names of student’s parents
3. student’s address
4. telephone number(s)
5. student’s date (and place) of birth
6. participation in officially recognized activities and sports, including videotaped programs
7. student’s achievement awards or honors, including videotaped programs
8. student’s weight and height, if a member of an athletic team
9. major field of study
10. dates of attendance ("from and to" dates of enrollment)
11. date of graduation
12. class designation
13. student photo, including videotaped programs
14. previous school attended
Within the first three weeks of each school year, the District publishes the above list, or a revised list, of the items of directory information which it proposes to designate as directory information. For students enrolling after the notice is published, the list is given to the student’s parent(s) or to the eligible student at the time and place of enrollment.
After the parents or eligible students have been notified, they have two weeks in which to advise the District in writing (a letter to the school Superintendent’s office) of any or all of the items which they refuse to permit the District to designate as directory information about that student.
At the end of the two-week period, each student’s records are appropriately marked by the record custodians to indicate the items which the District designates as directory information about that student. This designation remains in effect until it is modified by the written direction of the student’s parent(s) or the eligible student.
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)
The Board recognizes the importance of maintaining student records and preserving their confidentiality. Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages. Boards that receive funds under any applicable program must provide reasonable notice to parents at least annually at the beginning of the school year that their children may be involved in Board-approved third party surveys. The school must also give the parents the opportunity to opt their child out of the activity. A student shall not be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning:
1.) political affiliations or beliefs of the student or the student’s parent;
2.) mental or psychological problems of the student or the student’s family, "potentially embarrassing to the student or family";
3) sex behavior or attitudes;
4.) illegal, antisocial, self-incriminating or demeaning behavior;
5.) critical appraisals of other individuals with whom respondents have close family relationships;
6.) legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
7.) religious practices, affiliations or beliefs of the students or student’s parent,
8.)income (other than that required by law to determine eligibility for participation in a program and/or for receiving financial assistance under such program).
Parents have a right to inspect a survey created by a third party before that survey is administered by the school to students. Parents are notified by the school when a survey is to be administered and will have at least two weeks to review the materials.
In order to protect student privacy rights when a school survey is to be administered that contains one of the prohibited eight items identified in this policy, parents have the right to inspect the survey. If parents do not want their child to be a participant in the survey, they must notify the school.
The collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose, is prohibited. This does not include personal information collected for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions such as:
1.) post-secondary institutions or military recruiters;
2.) book clubs, magazines and programs providing access to low-cost literary products;
3.) curriculum and instructional materials used by K-12 schools;
4.) tests and assessments used by grades K-12 to provide cognitive, evaluative, diagnostic, clinical, aptitude or achievement information about students, or to generate other statistically useful data for the purpose of securing these tests and assessments, and the subsequent analysis and public release of the aggregate data from these tests and assessments;
5.) the sale by students of products or services to raise funds for school or education related activities or
6.) student recognition program.
For specific events, the school must notify the parents annually of the projected or approximate dates of the following activities:
1.) the collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose;
2.) the administration of a survey containing any of the eight items identified in this policy and
3.) annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.
Parents or eligible students, who believe their rights have been violated, may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-4605