The Family Educational Rights and Privacy Act (FERPA), is a
Federal law that protects the privacy of student educational records.
The law applies to all schools that receive funds under an applicable
program of the U. S. Department of Education. The law stipulates that
schools may disclose, without parent consent, “directory” information
such as a student’s name, address, phone number, date and place of
birth, grade level, picture, school activities, honors and awards, and
dates of attendance. The law also provides parents with the opportunity
to request that the schools not disclose information about their
child(ren). Parents may contact the school principal by September 15 if
they wish to request that the schools not disclose directory
information.
FERPA requires that Wayne County Public Schools, with certain
exceptions, obtain your written consent prior to the disclosure of
personally identifiable information from your child’s education records.
However, Wayne County Public Schools 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
Wayne County Public Schools 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 – name, 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 Wayne County Public Schools to disclose directory
information from your child’s education records without your prior
written consent, you must notify the District in writing by September
15. Wayne County Public Schools has designated the following information
as directory information:
• Student’s Name
• Participation in officially recognized activities and sports
• Address
• Telephone listing
• Weight and height of members of athletic teams
• Electronic mail address
• Photograph
• Degrees, honors, and awards received
• Date and place of birth
• Major field of study
• Dates of attendance
• Grade level
• The most recent educational agency or institution attendance
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 disclosed a student's education records pursuant to a
judicial order without requiring additional notice to the parent by the
education agency or institution.
Model Notification of Rights under FERPA
for Elementary and Secondary Schools
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. These rights
are:
(1) The right to inspect and review the student's education
records within 45 days of the day the School 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.
Parents or eligible students may ask the School to amend a
record that they believe is inaccurate. They should write the School
principal [or appropriate school official], clearly identify the part of
the record they want changed, and specify why it is inaccurate. 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 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 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 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.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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 20202-5901