Notification of Rights under FERPA: Elementary and Secondary Schools

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 education records.  These rights are:

1.      The right to inspect and review the student’s education records.

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.

3.      The right to provide written consent before the school discloses personally identifiable information (PII) from 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) or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of 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 PII from education records, such as  an attorney, audi­tor, medical consultant, or therapist.  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 [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

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in FERPA regulations.  A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

·         To other school officials whom the school has determined to have legitimate educational interests.

·         To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.

·         To authorized state and federal agencies as required by law.

·         In connection with financial aid for which the student has applied.

·         To State and local officials in connection with the juvenile justice.

·         To organizations conducting studies for, or on behalf of, the school, in order to:  (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction.

·         To accrediting organizations to carry out their accrediting functions.

·         To parents of an eligible student.

·         To comply with a judicial order or lawfully issued subpoena.

·         To appropriate officials in connection with a health or safety emergency.

·         Information the school has designated as “directory information” under.