Family Education Rights and Privacy Act (FERPA)

Annual Notice of Rights under the Family Education Rights and Privacy Act

 

The Family Educational Rights and Privacy Act (FERPA) affords parents and eligible students (students over 18 years of age, who are married, or who are attending a postsecondary institution) the following rights with respect to the student’s education records.

 

1. The right to inspect and review the student’s education records within forty-five (45) calendar days of the day the district/school receives a request for access.

Parents or eligible students submit a written request to the school principal/designee that identifies the record(s) they wish to inspect. The Principal arranges for access and notifies 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, misleading, or in violation of the student’s privacy or other rights.

Parents or eligible students may ask the school to amend a record they believe is inaccurate, misleading or in violation of privacy or other rights. The parent writes the school principal, clearly identifying the part of the record they want changed, and specifying why it is inaccurate, misleading, or in violation of their privacy or other rights.’

If the school decides not to amend the record as requested by the parent or eligible student, the school notifies the parent or eligible student of the decision and advises them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures are 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.

The school may disclose records to school officials with legitimate educational interests. A school official is a person employed by the district/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 district/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 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. Upon request, the school discloses education records without consent to officials of another school district/school in which a student seeks or intends to enroll or to other entities authorized by law.

 

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District/School to comply with the requirements of FERPA.

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-4605

 

FERPA allows schools to disclose records, without consent, to the following parties or under the following conditions:

  • to a school official with a legitimate educational interest (i.e., the official needs the record to fulfill his or her professional responsibility);
  • to another school district/school to which the student seeks or intends to enroll;
  • to specified officials for audit or evaluation purposes;
  • to appropriate parties in connection with financial aid to a student;
  • to organizations conducting certain studies on behalf of the school;
  • to accrediting organizations;
  • to comply with a judicial order or lawfully issued subpoena;
  • to appropriate officials in cases of health and safety emergencies; and
  • to state and local authorities, within the juvenile justice system, pursuant to specific State law.

     

    In addition, schools are also permitted to release information, without prior written consent of the parents or eligible student, which has been appropriately designated as “directory information” by the school. “Directory information” can include but is not limited to:

    • student’s name
    • address 
    • telephone listing 
    • participation in officially recognized activities and sports 
    • weight and height of members of athletic teams
    • photograph
    • degrees, honors and awards received
    • date and place of birth
    • grade level
    • enrollment status 
    • the school  most recently previously attended if not Avon Grove Charter School

 

NOTE:  Specific examples include honor roll, merit roll, annual yearbook, playbills and graduation programs.

 

Directory information, which is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent.

 

In addition, two federal laws require local educational agencies (LEAs) such as Avon Grove Charter School to provide military recruiters, upon request, with three photo/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 Avon Grove Charter School to disclose “directory information” from your child’s education records, you must notify the school in writing (using the opt out form) that you do not want this information disclosed.  This written notice to the school must be received no later than 14 days after the date of publication of the annual notice (or within 15 days of newly enrolling in the school).  A “opt out” form is included with this notice and available on the school’s website.