FERPA Annual Notice
ANNUAL NOTICE:
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT AND DIRECTORY INFORMATION
I. Family Educational Rights and Privacy Annual Notice
This notice provides parents/guardians and students notice of their rights to inspect the education records of their child(ren) or themselves and to give consent for disclosure of personally identifiable information from education records. It also explains the conditions when parent/guardian or student consent is not required for disclosure of information related to a student’s education record. For all questions, please contact your child's building principal.
The Family Rights and Privacy Act (“FERPA”) provides parents/guardians and students eighteen (18) years of age or older (“eligible student(s)”) certain rights with respect to student education records.
Parent(s)/guardian(s) and eligible students have the right to inspect and review the education records of their child(ren) or themselves. A request to do so must be submitted by the parent(s)/guardian(s) or an eligible student to the building principal, who will arrange for education records to be reviewed by the requesting individual(s) within forty-five (45) days of receiving the request. Along with this notice, parent(s)/guardian(s) and eligible students are provided with a form that parent(s)/guardian(s) or eligible student(s) can complete and submit to the building principal when exercising their right to review and inspect an education record under FERPA. The building principal will make arrangements for review and inspection of the education record and will notify the parent(s)/guardian(s) or eligible student of the time and place where the education records may be inspected.
Upon inspection and review, parent(s)/guardian(s) or eligible student(s) may request an amendment to an education record by identifying, in writing, the portion of the record believed to be inaccurate. Parent(s)/guardian(s) or eligible student(s) must submit the written request to the building principal, clearly identify the part of the record they want changes and specify the reasons they believe the record to be inaccurate. If, upon review, the school decides not to amend the record as requested, the school will notify the parent(s)/guardian(s) 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(s)/guardian(s) or eligible student when notified of the right to a hearing.
Parent(s)/guardian(s) and eligible student(s) have 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 typically includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, performs an {01369985} institutional service or function for which the school would otherwise use its own employees and 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, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official typically 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 or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
Parent(s)/guardian(s) and eligible student(s) have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the Parkland School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure. Parents/guardians and eligible students have a right to inspect and review the record of disclosures. Below is list of circumstances which permit a school to disclose personally identifiable information from the education records of a student without obtaining prior written consent of the parents or the eligible student:
• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1)).
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2)).
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency (SEA) in the parent or eligible student’s State. Disclosures under this provision may be made, subject to the requirements of § 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met. (§§ 99.31(a)(3) and 99.35).
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4)).
• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to § 99.38. (§ 99.31(a)(5)).
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction, if applicable requirements are met. (§ 99.31(a)(6)).
• To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7)).
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena if applicable requirements are met. (§ 99.31(a)(9)).
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10)).
• Information the school has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11)).
• To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is 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 in foster care placement. (20 U.S.C. § 1232g(b)(1)(L)).
• To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 U.S.C. § 1232g(b)(1)(K)).
II. Directory Information Notice
This notice informs parents/guardian(s) and eligible student(s) under what conditions their child's directory information would be made available to the public. For all questions, please contact your child's building principal.
Parkland School District, with certain exceptions, must obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, Parkland School District may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the District to include this type of information from your child's education records in certain school publications. Examples include: a playbill, showing your student's role in a drama production, the annual yearbook, honor roll or other recognition lists, graduation programs, sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's/guardian’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.
If you do not want Parkland School District to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing prior to October 1st.
Parkland School District has designated the following information as directory information as information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory Information includes, but is not limited to, the student's name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized school activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended. Directory information does not include a student’s Social Security Number; or student identification (ID) number, except that directory information may include a student ID number, user ID, or other unique personal identifier displayed on a student ID card/badge or used by the student for the purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number (PIN), password, or other factor known or possessed only by the authorized user.