FERPA (Family Educational Rights and Privacy Act)
NOTIFICATION OF RIGHTS 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:
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 student of the time and place where the records may be inspected.
The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask the School to amend a record that they believe is inaccurate or misleading. They should write the School principal [or appropriate official], clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. 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.
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, 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. [Optional] Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school 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 20202-5901
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT
The Family Educational Rights and Privacy Act (FERPA), a federal law, requires that your school district with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, the district may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow your district to include this type of information from your child’s education records in certain school publications, such as the yearbook, honor roll, graduation programs, sports activities sheets, etc.
Directory information, which is information that is generally not considered harmful or an invasion of privacy, if released, can also be disclosed to outside organizations without a parent’s prior consent. Outside organizations include, but are not limited to companies that manufacture class rings or publish yearbooks.
In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.
The Poland Schools designate the following as directory information:
Student’s name, Address, Telephone number, Grade, Date and place of birth, Date of attendance, The most recent educational agency or institution attended, Participation in officially recognized school activities and sports, Weight and height of members of athletic teams, Photograph, School honors and awards received, Date of Graduation.
If you do not want The Poland School’s to disclose directory information from your child’s education records, without your prior written consent, you must obtain the “Opt-out” form from the Administrative office and return the completed form by September 15th to the Principal.
Section 9528 for the ESEA (20 U>S>C>7908), as amended by the No Child Left Behind Act of 2001 (P.L.107-110), the education bill, and 10 U>S>C> 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation’s armed forces.