Student Records and the Family Education Rights & Privacy Act of 1974 (FERPA)
ANNUAL NOTIFICATION TO PARENTS REGARDING CONFIDENTIALITY OF STUDENT EDUCATION RECORDS AND SCHOOL DIRECTORY INFORMATION.
Confidentiality of education records is a right of public school students and their parents. This right is provided for by two federal laws, the Individuals with Disabilities Education Act (IDEA), and the Family Educational Rights and Privacy Act (FERPA). Under these laws, “education records” means those records that are: (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution. Of course, education records are maintained on every child enrolled in a public school. The types of information gathered and maintained included, but is not limited to: the student’s and parent’s names, address and telephone number, the student’s date and place of birth, date of enrollment in the school, records from previous schools attended, attendance record, subjects taken, grades, school activities, assessment results, number of credits earned, immunization records, disciplinary
records, if any, correspondence from parents, and child find and other screening results, including hearing and vision screening results.
In addition, for children with disabilities, education records could include, among other things, evaluation and testing materials, medical and health information, each annual Individualized Education Program (IEP), notices to parents, notes regarding IEP meetings, parental consent documents, information provided by parents, progress reports, assessment results, materials related to disciplinary actions, and medication agreements.
The information is gathered from a number of sources including the student’s parents and staff of the school of attendance. Also, with parental permission, information may be gathered from additional sources including doctors and other health care providers.
This information is collected to assure proper identification of a student and the student’s parents and the maintenance of accurate records of the student’s progress and activities in school. For children with disabilities, additional information is collected in order to assure the child is identified, evaluated, and provided a Free Appropriate Public Education in accordance with state and federal special education laws.
Each agency participating under Part B of IDEA must assure that at all stages of gathering, sorting retaining and disclosing education records to third parties that it complies with the federal confidentiality laws. In addition, the destruction of any education records of a child with a disability must be in accordance with IDEA regulatory requirements.
The federal Family Policy Compliance Office of the U.S. Department of Education has provided the following notice of parent’s rights under FERPA. In accordance with IDEA, the rights of the parents regarding education records are transferred to the student at age 18.
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 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 principal
will make arrangement for access and notify the parent or eligible student of the time and place where the records may be inspected.
Sign the form for the purpose of the school NOT giving out any directory information. You may also obtain a FERPA form by calling the Prescott High School office at 445-2322 and requesting that a form be mailed home or a parent or student may pick up a form at the front office.
2. 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 a school district to amend a record that they believe is inaccurate or misleading. They should write the school principal, 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 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 or 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 disclosure 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; or person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant,
or therapist); or a parent or student serving on an official 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. Upon request, a school may disclose educational records, without consent, to officials of another school district in which a student seeks or intends to enroll, if the school states in its annual notification of FERPA rights that it forwards records on request.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by a school to comply with the requirement of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue S.W.
Washington, D.C. 20202-4605
(202) 260 3887 – Voice
1-800-877-8399 - TDD