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 educational records. These rights are:
The Right to Inspect and Review
Parents or eligible students have the right to inspect and review the student’s educational records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the Campus Director a written request that identifies the record(s) they wish to inspect. The school will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student’s educational records, the school shall provide the parent or eligible student with a copy of the records requested or make arrangements for the parent or eligible student to inspect and review the requested records.
The school shall not destroy any educational records if there is an outstanding request to inspect and review the records under this section. The school may charge a fee for a copy of an education record that is made for the parent or eligible student, unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student’s education records. The school will not charge a fee to search for or to retrieve the student’s educational records. If the student’s educational records contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student.
The Right to Seek Amendment of the Student’s Educational Records
Parents or eligible students may ask the school to amend a record that they believe is inaccurate, misleading, or in violation of the student’s privacy rights. Parents or eligible students should submit to the Campus Director a written request that clearly identifies the part of the record they want changed, and specifies why it is inaccurate, misleading, or in violation of the student’s privacy rights. The school will decide whether to amend the record as requested within a reasonable time after the school receives the request. 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 to challenge the content of the student’s education records on the grounds that the information contained in the educational records is inaccurate, misleading, or in violation of the student’s privacy rights.
If, as a result of the hearing, the school decides that the information is inaccurate, misleading, or otherwise in violation of the student’s privacy rights, it shall amend the record accordingly and inform the parent or eligible student of the amendment in writing. If, as a result of the hearing, the school decides that the information in the educational record is not inaccurate, misleading, or in violation of the student’s privacy rights, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school, or both. If the school places an amended statement in the student’s educational records, the school is obligated to maintain the amended statement with the contested part of the record for as long as the record is maintained and disclose the statement whenever it discloses the portion of the record to which the statement relates.
The Right to Consent Prior to Disclosure
Parents or eligible students have the right to consent to disclosures of personally identifiable information (PII) contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent.
Disclosure without Consent
Officials with Legitimate Educational Interests
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to school officials with legitimate educational interests. A school official is:
- a person employed by the school as a Campus Director, teacher, teacher aide/ paraprofessional, or support staff member (including health or medical staff and law enforcement unit personnel);
- a person serving on the Board of Trustees;
- a volunteer or contractor outside of the school who 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 personally identifiable information from education records (e.g., attorney, auditor, medical consultant, therapist, etc.);
- a parent or student serving on an official committee (e.g., disciplinary committee, grievance committee, etc.); or
- a parent, student, or other volunteer 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 educational record in order to fulfill his or her professional responsibility.
Officials of Another School
The school may disclose—and does so upon request—PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled, if the disclosure is for purposes related to the student’s enrollment or transfer.
Federal and State Program Purposes
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to authorized representatives of:
- the U.S. Comptroller General,
- the U.S. Attorney General,
- the U.S. Secretary of Education, or
- state and local educational authorities.
Disclosures under this provision may be made in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.
Financial Aid
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
State and Local Officials
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released.
Certain Studies
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to organizations conducting studies for, or on behalf of, the school, in order to:
- develop, validate, or administer predictive tests;
- administer student aid programs; or
- improve instruction.
Accrediting Organizations
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to accrediting organizations to carry out their accrediting functions.
Tax Purposes
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to parents of an eligible student, if the student is a dependent for IRS tax purposes.
Judicial Order or Subpoena
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to comply with a judicial order or lawfully issued subpoena.
Health and Safety Emergency
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the disclosure is to appropriate officials in connection with a health or safety emergency.
Directory Information
The school may disclose PII contained in the student’s educational records without obtaining prior written consent of the parent or eligible student if the school has designated the information as “directory information.”
The school has designated the following categories of information as directory information for the purpose of disclosure relating to school-sponsored/school-affiliated purposes:
- student’s name;
- address;
- telephone listing;
- electronic mail address;
- photographs (including video images);
- date and place of birth;
- major field of study;
- dates of attendance;
- grade level;
- participation in officially recognized activities and sports;
- weight and height of members of athletic teams;
- degrees, honors, and awards received;
- the most recent educational agency or institution attended; and
- student identification (ID) number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. A student’s social security number, in whole or in part, cannot be used for this purpose.
School-sponsored/school-affiliated purposes are those events/activities which the school conducts and/or sponsors to support the school’s educational mission. Examples include, but are not limited to:
- extracurricular programs or events (e.g., plays, sporting events, graduation ceremony, etc.),
- publications (e.g., newsletters, yearbook, etc.),
- honor roll and other recognition lists, and
- marketing (e.g., videos, print media, website, newspaper, etc.).
The school has designated the following categories of information as directory information for the purpose of disclosure to military recruiters and institutions of higher education, but only for secondary students:
- student’s name,
- address, and
- telephone listing.
The school shall not release directory information except for the purpose indicated above, namely:
- disclosure relating to school-sponsored/ school-affiliated purposes; and
- disclosure to military recruiters and institutions of higher education, but only for secondary students.
A parent or eligible student may opt out of the release of directory information for either or both of these purposes by submitting a written objection to the school office within 15 school days after receiving this “Annual Notice of Parent and Student Rights (Annual FERPA Confidentiality Notice).”
Records
Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, FERPA requires the school to record the disclosure. Parents or eligible students have a right to inspect and review the record of disclosures.
The Right to File a Complaint
Parents or eligible students have the right to file a complaint with the Family Policy Compliance Office of the U.S. Department of Education (“Office”) concerning alleged failures by the school to comply with the requirements of FERPA. The name, address, and phone number of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, SW. Washington, D.C. 20202 Phone: 1 (800) 872-5327
A complaint must contain specific allegations of fact giving reasonable cause to believe that a FERPA violation has occurred. A complaint does not have to allege that a violation is based on the school’s policy or practice.
The Office investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether the school has failed to comply with FERPA. If the Office determines that the school has failed to comply with FERPA, it may also determine whether the failure to comply is based on the school’s policy or practice.
A timely complaint is defined as an allegation of a FERPA violation that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. The Office may extend the time limit for good cause shown.
Access to Medical Records
Parents are entitled to access their student’s medical records.