Notification of Rights under FERPA for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:
(1) The right to inspect and review the student's education records within 45 days after the day the Fort Payne City School 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 School official 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, misleading or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students may ask the Fort Payne City School District to amend a record should write the School principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the School decides not to amend the record, as requested by the parent or eligible student, the school 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 provide written consent before the school discloses personally identifiable information (PII) from 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 school 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 or contractor outside of the school who performs an institutional service of 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 PII 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 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 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. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or 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. Department of Education concerning alleged failures by the Fort Payne City School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
[NOTE: In addition, a school may want to include its directory information public notice, as
required by § 99.37 of the regulations, with its annual notification of rights under FERPA.
See the list below of the disclosures that elementary and secondary schools may make without consent.
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 and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII 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)(2) 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 in the parent or eligible student’s State (SEA). 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. (§§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 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. (§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. (§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” under §99.37. (§99.31(a)(11))
FERPA- Notice of Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the Fort Payne City School District with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, the Fort Payne City 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 Fort Payne City School 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; and
· 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 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 the Fort Payne City School District to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing by the 1st day of September. The Fort Payne City School District has designated the following information as directory information: [Note: an LEA may, but does not have to, include all the information listed below.]
· Student's name
· Video image (other than security video)
· Student work intended for display or dissemination and participation in officially recognized activities
· Telephone listing
· Electronic mail address
· Date and place of birth
· Major Field of study
· Dates of attendance
· Grade level
· Participation in officially recognized activities and sports
· Weight and height of members of athletic teams
· Degrees, honors, and awards received
· The most recent educational agency or institution attended
· Student video images contained on security video recordings shall be subject to disclosure as Directory information to law enforcement personnel and the parent(s) or guardian(s) of a student appearing on security video recordings.
Furthermore, the Board uses all available media to communicate. Directory Information may be in, but not limited to print, video and/ or web based media.
Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. (A student's SSN, in whole or in part, cannot be used for this purpose.)
Another exception, in accordance with the Uninterrupted Scholars Act (Public Law 112-278), educational agencies and institutions are now allowed to disclose a student's education records, without parental consent, 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 an agency or organization is legally responsible, in accordance with State or tribal law, for the case and protection of the student. In specified types of judicial proceedings in which the parent is involved, the Act also allows educational agencies and institutions to disclose a student's education records pursuant to a judicial order without requiring additional notice to the parent by the education agency or institution.
COPPA and Online Resources
COPPA and Online Resources
FPCS Approved Online Resources (Only those requiring student accounts)
The Children’s Online Privacy Protection Act or COPPA (effective 4/21/2000) requires websites to gain parent permission for users under the age of 13 and/or 18 before creating individual online accounts. Many educational sites used by Fort Payne City Schools require student accounts and, thus, parental permission. These sites go through an administrative approval process to ensure COPPA compliance and the educational value for students.
In most cases, these accounts are set up through the district with only the most basic Directory Information being entered such as name, homeroom, grade, network login or school-governed Google Apps for Education G-mail address (filtered by the school district). When a district-selected online resource is no longer used, the company is contacted to remove student data.
To view the list of these “FPCS Online Tools and Resources,” go to the Parent Information tab on the District Website. (Parent permission will be obtained through signature of the COPPA and Online Resources Agreement found at the end of this handbook).