Notice of Rights Regarding Education Records
Printable version of Notice of Rights
Form to request review of student education records
Third party consent form
The Family Education Rights and Privacy Act (FERPA), in addition to Pennsylvania Department of Education regulations and School Board policy, affords parents and students over 18 years of age ("eligible students") certains rights with respect students education records. These rights are:
(1) The right to inspect and review the student's education records within 30 days of the date the district receives a request for access. Parents or eligible students should submit to the principal of the school where the student is enrolled or was previously enrolled a written request that identifies the record(s) they wish to inspect. The principal or his or her designee 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 a parent or eligible student believes are inaccurate. In order to request such an amendment, the parent or eligible student should make the request in writing to the school principal and clearly identify the record they want changed. The request should also specify the reasons why the record is believed to be inaccurate. 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 such exception is for a disclosure to school officials who possess a legitimate educational interest in the record. 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); a person serving on the school board; a 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, 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. The district will also disclose education records without consent to officials of another school district in which a student seeks or intends to enroll, upon request of that school district.
A parent or eligible student may request that the district disclose educational records to a third party by submitting a written consent form to the district. Consent forms may be obtained from the building principal’s office or the district’s Administrative Office.
Parents and eligible students also have 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 are as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Special Notice Regarding Directory Information
As described above, the Family Educational Rights and Privacy Act (FERPA) requires that the district, with certain exceptions, obtain the written consent of the parent or eligible student prior to the disclosure of personally identifiable information from the student’s education records. However, the district may disclose certain "directory information" without such prior written consent unless the parent or eligible student has notified the district that they do want directory information to be disclosed.
Directory information refers to information which would not be considered harmful or an invasion of privacy if disclosed, and includes the following: name; address; telephone number; e-mail address; date and place of birth; major field of study; grade level; 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 previous educational agency or institution attended. [In addition, photographs and/or video footage of students may be used in articles appearing in media outlets, on the district website and/or in connection with television coverage of school events.]
If you do not want the district to disclose such directory information without your prior written consent, you must notify the district’s Administrative Office in writing. Such notices should be delivered no later than Sept.30 of the current school year.
Notice Regarding Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents 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)-
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 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
8. Income other than as required by law to determine program eligibility
- Receive notice and an opportunity to opt student out
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; provided, however, that these requirements do not apply to personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions.
- Inspect upon request and before administration or use-
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.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
The district has developed and adopted policies, in consultation with parents, 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. See Board Policy No. 235 – Student Rights/Surveys. The district will also directly notify, such as through U.S. Mail or e-mail, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey.
The district will make this notification to parents at the beginning of the school year if the district has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
- 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 who believe their rights under the PPRA have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-5901