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FERPA & Educational Records

Notice of Rights Regarding Education Records

The Family Education Rights and Privacy Act (FERPA), in addition to Pennsylvania Department of Education regulations and School Board policy, affords parents/guardians and students over 18 years of age ("eligible students") certain rights with respect to 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/guardians 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/guardian 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 is 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/guardian or eligible student, the district will notify the parent/guardian 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/guardian 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/guardian 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/guardian 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/guardian 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
 
Aforementioned, the Family Educational Rights and Privacy Act (FERPA) requires that the district, with certain exceptions to obtain the written consent of the parent/guardian 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/guardian 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 September 30th of the current school year.