La
Notification of Rights under FERPA
For Elementary and Secondary
Schools
The
Family Education 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 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.
(2) The right to request the amendment of the student’s
education records that the parent or eligible student believes are inaccurate,
misleading, or otherwise in violation of the student’s privacy rights under
FERPA.
Parents or eligible students who wish to ask the
School to amend a record should write the School principal {or appropriate
school official}, clearly identify the part of the record they want changed,
and specify why it should be changed. 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 as
its agent to provide a service instead of using its own employees or officials
(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.
(4) The right to file a complaint with the U.S. Department
of Education concerning alleged failures by the
Family Policy Compliance Office
{NOTE:
In addition, a school may want to include its directory information public
notice, as required by §99.37 of the regulations, with its annual notification
of rights under FERPA.}
{Accessed at http://www,
ed.gov/policy/gen/guid/fpco/hottopics/incex.html}