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 the School receives a request for access. Parents or eligible students should submit to the School principal a written request that identifies the record(s) they wish in 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, 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 provide 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 it’s 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 task. 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, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. (4) The right to file a complaint with US Department of Education concerning alleged failures by the School District to comply with the requirement 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 20202-5920
FERPA also permits a school district to identify certain information to be publicly released without permission of the parents. Directory information is defined as the student’s name, photograph, address, telephone number, date and place of birth, major field of study, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, diplomas and awards received and the most recent previous school attended. If parent/guardian or eligible student chooses NOT to have directory information publicly released, written notification must be presented to the school. If we do not receive written notice from you, the District will assume you have no objection to the release of directory information.
Notification of Rights under the Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents and students who are 18 or emancipated minors (“eligible students”) certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)- 1. Political affiliations or beliefs of the student or student’s parent; 2. Mental or psychological problems of the student or student’s family; 3. Sex behavior or attitudes; 4. Illegal, anti-social, self-incriminating, or demeaning behavior; 5. Critical appraisals of others with whom respondents have close family relationships; 6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers; 7. Religious practices, affiliations. or beliefs of the student or parents; or 8. Income, other than as required by law to determine program eligibility. Receive notice and an opportunity to opt a student out of- 1. Any other protected information survey, regardless of funding; 2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and 3. Activities involving collection. Disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others. Inspect, upon request and before administration or use- 1. Protected information surveys of students; 2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and 3. Instructional material used as part of the educational curriculum.
Garden Valley School District has developed policies and notices regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Garden Valley School District will notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes. Garden Valley School District will also notify parents and eligible students, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in: *Collection, disclosure, or use of personal information for marketing, sales or other distribution. *Administration of any protected information survey not funded in whole or in part by (ED). *Any non-emergency, invasive physical examination or screening as described above.
Parents/eligible students who believe their rights have been violated may file a complaint with: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920 |
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