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Adoption Date: 2/14/2022
Policies - Policy Manual


5500 STUDENT RECORDS: ACCESS AND CHALLENGE

The School District shall comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). Under its provisions, parents/guardians and noncustodial parent(s), whose rights are not limited by court order or formal agreement, of a student under eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, have a right to inspect and review any and all official records maintained by the School District.

FERPA affords parents and students over 18 years of age 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 of a request for access. This includes all official records, files and data that are incorporated into the student’s cumulative record.

2.  The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading.

3.  The right to consent to disclosures of personally identifiable information contained in the student's educational records except to the extent that FERPA allows.

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

In the case of divorced or separated parents, the parent with custody of the student will receive the official school report card. The building principal may release information on student progress to the other parent upon request and determination of legality.

Furthermore, pursuant to applicable law, the District will execute agreements with third-party contractors who collect, process, store, organize, manage or analyze student personally identifiable information (PII) to require that the contractors comply with the law in using appropriate means to safeguard the data.

Annual Notification

At the beginning of each school year, the district will publish a notification that informs parents, guardians and students currently in attendance of their rights regarding Education Records under FERPA and New York State Law and the procedures for exercising those rights.  A ‘Parents’ Bill of Rights for Data Privacy and Security’ will be posted on the district website and included in any agreements with third-party contractors. The notice and ‘Bill of Rights’ may be published in a newspaper, handbook or other school bulletin or publication. The notice and ‘Bills of Rights will also be provided to parents, guardians, and students who enroll during the school year.

            The notice and Parents’ Bill of Rights will include a statement that the parent/guardian or eligible student has a right to:

1.         inspect and review the student’s education records;

2.         request that records be amended to so that they are accurate and do not otherwise violate the student’s privacy rights;

3.         consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent; and

4.         file a complaint with the United States Department of Education alleging failure of the district to comply with FERPA and its regulations; and/or file a complaint regarding a possible data breach by a third-party contractor with the district and/or the New York State Education Department’s Chief Privacy Officer for failure to comply with state law.

            The annual notice and Parents’ Bill of Rights will inform parents/guardians and students:

1.         that it is the district’s policy to disclose personally identifiable information from student records, without consent, to other school officials within the district whom the district has determined to have legitimate educational interests.  The notice will define ‘school official’ and ‘legitimate educational interest.’

2.         that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks to or intends to enroll or is actually enrolled.

3.         that personally identifiable information will be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes.

4.         that the district, at its discretion, releases directory information (see definition below) without prior consent, unless the parent/guardian or eligible student has exercised their right to prohibit release of the information without prior written consent.  The district will not sell directory information.

5.         that, upon request, the district will disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning unless the parent or secondary school student exercises their right to prohibit release of the information without prior written consent.

6.         of the procedure for exercising the right to inspect, review and request amendment of student records.

7.         that the district will provide information as a supplement to the ‘Parents’ Bill of Rights’ about third parties with which the district contracts that use or have access to personally identifiable student data.

The district may also release student education records, or the personally identifiable information contained within, without consent, where permitted under federal law and regulation.  A complete list of exceptions to FERPA’s prior consent requirements will be included in the Administrative Regulations prepared to implement this policy.

The district shall effectively notify parents, guardians and students who have a primary or home language other than English.

In the absence of the parent or secondary school student exercising their right to opt out of the release of information to the military, the district is required to, under federal law, release the information indicated in number five (5) above.

Regulations Related to Student Records

The Board directs that administrative regulations and procedures be formulated to comply with the provisions of federal law relating to the availability of student records. The purpose of such regulations and procedures shall be to make available to the parents/guardians of students and noncustodial parent(s) whose rights are not limited by court order or formal agreement, or students who are eighteen (18) years of age or older or who are attending an institution of post-secondary education, student records, and files on students, and to protect the confidentiality of such records with respect to third parties.

Challenge to Student Records

Parents/guardians of a student under the age of eighteen (18), or a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education, shall have an opportunity for a hearing to challenge the content of the school records, to ensure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.

Disclosures to Parents of Eligible Students

         Even after a student has become an "eligible student" under FERPA (which is defined as a student who is eighteen (18) years of age an educational agency or institution may disclose education records to an eligible student's parents, without the student's consent:

         a)      If the student is claimed as a dependent for Federal income tax purposes by either parent;

         b)      In connection with a health or safety emergency;

         c)      If the student is under twenty-one (21) years of age and has violated an institutional rule or policy governing the use of alcohol or a controlled substance; or

         d)      If the disclosure falls within any other exception to the consent requirements under FERPA or its Regulations, such as the disclosure of directory information or in compliance with a court order or lawfully issued subpoena.

Release of Information to the Noncustodial Parent

         The District may presume that the noncustodial parent has the authority to request information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, it would be his/her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.

Release of Information to Another Educational Institution

         The District may disclose any and all educational records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of IDEA, to another school or postsecondary institution at which the student seeks or intends to enroll. Parental consent is not required for transferring education records; however, the school's annual FERPA notification should indicate that such disclosures have been made. In the absence of information about disclosures in the annual FERPA notification, school officials must make a reasonable attempt to notify the parent about the disclosure, unless the parent initiated the disclosure. Additionally, upon request, schools must provide a copy of the information disclosed and an opportunity for a hearing.

 

Family Educational Rights and Privacy Act of 1974, 20 United States Code (USC) Section 1232(g)

34 Code of Federal Regulations (CFR) Part 99