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. They are:
1. The right to inspect and review the student's education records within 45 days of the day the district 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 records they wish to inspect. The principal (or appropriate 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 in violation of the student's privacy rights under FERPA.
Parents or eligible students who wish to ask the school district to amend a record should write the school principal (or appropriate school official) clearly identifying the part of the education record they want changed and specifying why it should be changed.
If the district decides not to amend the education record as requested by the parent or the eligible student, the district 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 district 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 may also include 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 such as an attorney, auditor, medical consultant, or therapist; a parent or student serving on an official committee, such as a disciplinary or grievance committee or student assistance team, or assisting another school official in performing their tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.
Upon request, the district may disclose education records without consent to officials of another school district in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student's enrollment or transfer. Note: FERPA requires a school district to make a reasonable attempt to notify the parent/legal guardian or eligible student of the records request unless it states in its annual notification that it intends to forward records on request.
4. The right to file a complaint with the US Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is, Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue SW, Washington DC 20202-4605.
Adopted: 8/07
Reviewed: 4/11; 4/12; 7/13; 10/14; 12/20
Revised: 8/17; 10/23
Related Policy: 505.6; 505.6-R; 505.6-E2-E7
IASB Reference: 506.01-E(8)