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FERPA

 

NOTIFICATION OF RIGHTS UNDER FERPA

 

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 the following:

 (1)  The right to inspect and review the student's education records within 5 days of the day the District receives a request for access.  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.

(2)  The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.  Parents or eligible students may ask the Clinton Public Schools 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.  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 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/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 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/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.  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.)

(4)  The right to file a complaint with the U.S. Dept. 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:  Family Policy Compliance Office, U.S. Dept. of Education, 600 Independence Avenue, SW, Washington, DC 20202-4605.