FERPA

Rights of parents/guardians

The federal Family Educational Rights and Privacy Act (FERPA) provides parents/guardians and students who are 18 years of age or older (known as “eligible students”) with certain rights with respect to the student’s education records. Parents/guardians and eligible students have the right to:

  • Inspect and review the student’s education records within 45 days after the day a request for access is received by the school. These requests should be submitted to Name and/or Position (i.e. the school principal].

  • Request the amendment of the student’s education records that the parent/guardian or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights;

  • Provide written consent before the school discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent as outlined below;

  • File a complaint with the U.S. 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 are: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

Release of information to other schools

Upon request, the school discloses education records without consent to officials of another school or 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.

Disclosure to school officials with legitimate educational interests

One example of disclosure that can take place without consent is to school officials with legitimate educational interests. Such officials typically include a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member, but it can also include health or medical staff, law enforcement personnel, school board members, as well as contractors, consultants, volunteers, or other parties who meet certain conditions. A school official typically has a legitimate educational interest if the official needs to review a student record to fulfill his or her professional responsibility.

Other disclosures without consent

Disclosure of personally identifiable information from a student’s education records is permitted without the consent of the parent or eligible student if it meets certain conditions such as if the disclosure is:

  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled;

  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities;
    In connection with applications or determinations for financial aid;

  • To state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system;

  • To organizations conducting studies for, or on behalf of, the school that meet certain requirements;

  • To accrediting organizations to carry out their accrediting functions;

  • To parents/guardians of an eligible student if the student is a dependent for IRS tax purposes;

  • To comply with a judicial order or lawfully issued subpoena;

  • To appropriate officials in connection with a health or safety emergency;
    Designated as “directory information” by the district;

  • To an agency caseworker or other representative of a state or local child welfare agency or tribal organization that is authorized to access a student’s case plan; and

  • To the secretary of agriculture or authorized representatives of the U.S. Department of Agriculture’s Food and Nutrition Service for national school lunch and nutrition programs.