NOTIFICATION OF RIGHT UNDER FERPA FOR

ELEMENTARY AND SECONDARY INSTITUTIONS

(Published as Appendix to Federal Register (November 21, 1996))

                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 record(s) they wish to inspect.  The principal 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 student’s education records that the parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask [this 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 District decides not to amend the record as requested by the parent or 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 or law enforcement personnel); a person serving on the School Board; a person or company with whom the district 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, such as a disciplinary or grievance 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.

(4)         The right to 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 is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W. Washington, DC  20202-4605.[Note:  In addition, a school may want to include its directory information public notice, as required by Section 99.37 of the regulations, with its annual notification of rights under FERPA.]

For your information, 99.37 is printed below:

                99.37. What conditions apply to disclosing directory information?

(a)           An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of

(1)           The types of personally identifiable information that the agency or institution has designated as directory information;

(2)           A parent’s or eligible student’s right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and

(3)           The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

(b)           An educational agency or institution may disclose directory information about former students without meeting the conditions in paragraph (a) of this section.

Directory Information:

                Information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed, such as the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended.

A copy of these policies and regulations may be obtained in the building principal’s or superintendent’s office of the named school district.  Complaints regarding violation of rights accorded parents and students should be submitted to the Superintendent of Schools of the Timber Lake School District, or the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W. Washington, DC  20202-4605.