Protecting the Privacy
of Student Records
Exhibit 2-3
Model Notification of Rights
under FERPA
for Elementary and Secondary
Institutions1
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:
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(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.
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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.
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(2) The right to request the amendment of
the student's education records that the parent or eligible student believes
are inaccurate or misleading.
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Parents or eligible students may ask Alpha
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.
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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.
-
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(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.
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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 and law enforcement unit personnel); a person serving on the School
Board; a person or company with whom the District has contracted to perform
aspecial 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.
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[Optional] Upon request, the District discloses
education records without consent to officials of another school district
in which a student seeks or intends to enroll. [NOTE: FERPA requires a
school district to make a reasonable attempt to notify the student of the
records request unless it states in its annual notification that it intends
to forward records on request.]
-
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(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:
[NOTE: In addition, a school may want to include
its directory information public notice, as required by Sec. 99.37 of the
regulations, with its annual notification of rights under FERPA.]
1
Developed by the Family Policy Compliance
Office of the U. S. Department of Education.
For questions about the content of this product, please contact
Lee
M. Hoffman.