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Family Educational Rights and Privacy Act (FERPA)
Notification of Parental and Family Rights
The Family Educational Rights and Privacy Act (FERPA) is a Federal privacy law that gives parents/guardians certain rights and protections with regard to their child’s education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. Parents/guardians have the right to inspect and review their child’s education records and to request changes under certain circumstances until these rights transfer to the student when they reach 18 years of age. Also under FERPA, a parent/guardian must, in most circumstances, provide a signed and dated written consent before a school discloses personally identifiable information from the student’s education records.
Process for Reviewing Student Records
Parents/guardians must submit to their child’s principal a written request that identifies the records that they wish to inspect and review. The principal shall make arrangements for access and notify the parent/guardian of the time and place where the records may be inspected. Parents/guardians generally have a right to education records within ten (10) calendar days of the receipt of their request.
Process for Amending Student Records
Parents/guardians may also request that the school district amend a record that they believe is inaccurate or misleading. To request an amendment to student records, parents/guardians must submit a written request to the school principal. Written requests should clearly identify the part of the record to be amended and the reason(s) why this part of the record is inaccurate or misleading. If the request to amend is denied, the parent/guardian will be notified by the principal and advised of their right to a hearing to appeal the decision.
Release of Student Information
To protect our students’ privacy, Providence Schools cannot disclose personally identifiable information about its students without written permission from the parent or guardian. There are, however, exceptions under FERPA in which personally identifiable information may be disclosed without parent/guardian permission. The information must only be used to address the educational needs of the child. Parents/guardians and eligible students have a right to inspect and review the record of disclosures. The 11 exceptions are:
1. Disclosures made 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 personnel) or a person serving on the School Board. Aschool official also may include a person or company with whomthe school has outsourced services or functions it would otherwise use its own employees to performand who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records (such as an attorney, auditor, medical consultant, therapist, community-based organization or service agency); a parent/guardian or student serving on an official committee, such as a disciplinary or grievance committee; or a parent/guardian, student, or other volunteer assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to reviewan education record in order to fulfill his or her professional responsibility.
2. Disclosures to an organization with which the Providence Public School District (PPSD) has entered into an agreement to conduct a study or research on behalf of PPSD for the purpose of improving instruction.
3. Disclosures made to another school at which the student intends to enroll.
4. Disclosures made to state or local education authorities for auditing or evaluating federal (or state) supported education programs, or enforcing federal laws that relate to those programs.
5. Disclosures including information the school has designated as “directory information.”
6. Disclosures in connection with the application for or receipt of financial aid.
7. Disclosuresmade to state and local juvenile justice systems or their officials.
8. Disclosures made to accrediting organizations.
9. Disclosures in compliance with a judicial order or lawfully issued subpoena. Additional notice to the parent/guardian by the educational agency is not required in specified types of judicial proceedings in which a parent/guardian is involved.
10. Disclosures in connection with a health or safety emergency.
11. Disclosures to a caseworker or other representative of a State or local child welfare agency or tribal organization authorized to access a student's case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student.
FERPA Complaint Process
Parents/Guardians have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with FERPA requirements. Complaints should be sent to:
Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW,
Washington, DC 20202-5920.
For more information about FERPA you may also visit their website at: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.