Rights of Parents & Eligible Students - Under FERPA
RIGHTS of PARENTS and ELIGIBLE STUDENTS under FERPA
(Federal Family Education Rights and Privacy Act)
In compliance with the Federal Family Education Rights and Privacy Act (FERPA) of 1974, as amended, Regulations of the State Board of Education on Pupil Records (Pennsylvania Code 22, Ch. 12), the Confidentiality Section of P.L. 94-142, and the Confidentiality Standards for Special Education (Pennsylvania Code 22, Ch. 341), the Board of Education has adopted Policies 216, 216.1 and 113.4 to address confidentiality of personally identifiable information in the educational records of all students in our district. A comprehensive plan has been developed to ensure the privacy rights of both the parents/guardians and the students in the collection, maintenance, release, and destruction of educational records. Additionally, the federal legislation stipulates that parents and students shall be informed annually of their rights under FERPA. This section serves as that notification.
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. These rights are:
- 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 building principal or director of student services a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent
of eligiblestudent of the time and place where the records may be inspected.
- The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the school principal or director of student services and clearly identify the part of the record they are requesting be changed, and specify why it is inaccurate. 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 provided to the parent or eligible student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent the 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 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 disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/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.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the office that administers FERPA
are:Family Policy Compliance Office, U.S. Dept. of Education, 400 Maryland Ave. SW, Washington, DC 20202-4605. The records of each student with an exceptionality (special education) are reviewed at the end of each school year.
- Information the district no longer deems necessary to provide appropriate programming is discarded. Parents may claim discarded records by contacting the Director of Student Services (610-298-8661 x1210) prior to June 1 each school year. Copies are available at a cost of 10 cents per page. For information about those policies and procedures, about rights of confidentiality and access to educational records, as well as for further information on rights of parents and children, provision of services, evaluation and screening, you may contact in writing the Director of Student Services, 6493 Route 309 New Tripoli, PA 18066, or any building principal.
All information gathered about your child is subject to the confidentiality provisions contained in federal and state law. The district has policies and procedures in effect governing the collection, maintenance, destruction and disclosure to third parties of this information.