FERPA

The Family Educational Rights and Privacy Act (FERPA) affords parents and eligible students (students over 18 years of age, who are married, or who are attending a postsecondary institution) the following rights with respect to the student’s education records.

1. The right to inspect and review the student’s education records within forty-five (45) calendar days of the day the district receives a request for access.

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

Parents or eligible students may ask the district to amend a record they believe is inaccurate, misleading or in violation of privacy or other rights. The parent writes the school principal, clearly identifying the part of the record they want changed, and specifying why it is inaccurate, misleading, or in violation of their privacy or other rights.

If the district decides not to amend the record as requested by the parent or eligible student, the district notifies the parent or eligible student of the decision and advises them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures are 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.

The district may disclose records 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 School Board; a person or company with whom the district 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 district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll or to other entities authorized by law.

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.

5. The Superintendent or the Superintendent’s designee is authorized to release Board approved directory information.

Directory Information is information contained in an educational record which would not generally be considered harmful or an invasion of privacy if disclosed. This information may be released without consent. This information may include the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and most recent educational agency or institution attended.

Any eligible student, parent, or guardian who does not wish to have directory information released notifies the Superintendent in writing on or before September 30 or each school year or within thirty (30) calendar days after the Annual FERPA Notice has been distributed. The written request must specifically state what information may not be classified as “Directory Information”.

6. The district keeps educational records in a secure location in each school and Board office.

7. The district obtains written consent from a parent or eligible student before disclosing personally identifiable information to an entity or individual not authorized to receive it under FERPA.

8. For students who have been determined eligible for special education, education records are destroyed at the request of the parent when they are no longer needed to provide educational programs or services.

The district may destroy the educational records of a child without a parent’s request three (3) years after they are no longer needed to provide educational programs or services. Parents are advised that data contained in the records may later be needed for Social Security benefits or other purposes. The district may retain, for an indefinite period of time, a record of the student’s name, address, telephone number, grades, attendance record, classes attended, grade level completed, and year completed.

Children determined eligible for special education include those children with disabilities who have a hearing impairment, visual impairment, emotional-behavioral disability, deaf-blindness, other health impairment, specific learning disability, mental disability, multiple disabilities, speech or language impairment, developmental delay, orthopedic impairment, autism, or traumatic brain injury, and who because of such an impairment need special education services.

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