Notification of Parent And Student Rights Under The Family Educational Rights and Privacy Act (FERPA)
The School District of Springfield, R-12 maintains a policy of compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA). 20 U.S.C. 1232g. The Parents of Students under the age of eighteen years and Eligible students (Students who are eighteen years of age or older), have four primary rights under FERPA including the right to: (1) inspect the student's education records, (2) consent to disclosure of personally identifiable information except to the extent that FERPA authorizes disclosure without consent, (3) seek correction of the student's education records, to prevent inaccurate or misleading information, and (4) file a complaint with the United States Department of Education if they feel their rights are being violated.
DEFINITIONS
A "student" is an individual with respect to whom the District maintains education records or personally identifiable information and who is or who has been in attendance in the District.
"Directory information" may appear in public documents and may otherwise be disclosed by the District for any purpose in its discretion, without the consent of the student's parents or the student. The following categories of information have been designated as directory information by the District -- student's name; parent's name; date of birth, grade level; enrollment status (e.g. full-time or part-time); participation in school-based activities and sports; weight and height of members of athletic teams; dates of attendance; degrees; honors; awards received; artwork or course work displayed by the District; most recent school attended; photographs; videotapes; digital images and recorded sound.
"Education records" include those records which contain information directly related to a student and which are maintained by the District or by a person acting for the District. In accordance with 34 C.F.R 99.3, the following are not education records: records kept in the sole possession of the maker, law enforcement records, student employment records, medical records and alumni records.
"Legitimate educational interest" is the need to review an education record in order for a District official to carry out his or her responsibilities in order to: perform an administrative task outlined in the official’s duties; perform a supervisory or instructional task directly related to the student’s education; or perform service or benefit for the student such as health care, student job placement, or student financial aid.
RECORDS INSPECTION
Parents or an eligible student has a right to inspect and review any education record to which he or she is permitted under this policy. Education records are maintained in a number of locations within the District. Requests to review records must be made in writing to the Superintendent who shall comply with a request within 45 days upon receipt. When a record contains personally identifiable information about more than one student, a parent or an eligible student may inspect only that information which relates to the student.
RIGHT TO LIMIT DISCLOSURE OF DIRECTORY INFORMATION
The District will give annual public notice to parents and eligible students of the categories of information designated as directory information through the Student Handbooks.
CONSENT TO DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
The District will not release personally identifiable information in education records or allow access to those records except to the extent that FERPA authorizes disclosure without consent, including but not limited to:
- The eligible student or the student's parents
- Whomever the student's parents authorize, by providing the District with a written, signed and dated release which specifies the records to be disclosed and the identity of the recipient
- Any party requesting directory information
- District officials who have a legitimate educational interest
- Officials of other schools in which a student seeks or intends to enroll or is enrolled
- Persons in connection with a health or safety emergency
- As otherwise provided in 20 U.S.C. § 1232g(b) and 34 C.F.R. § 99.31
REQUEST TO AMEND RECORDS
A parent or eligible student who believes that information contained in the student's education records is inaccurate, misleading or violates privacy or other rights may request that the records be amended. The responsible official shall then decide whether or not to amend the record. If the record is not amended, the parents or eligible student will be advised of their right to a hearing.
CHALLENGE HEARING
In most cases, the decision of the responsible official will be final. However, a parent or eligible student may elect to file an appeal in writing to the Superintendent in order to challenge the content of the student's educational record. (The right to challenge grades does not apply unless the grade assigned was inaccurately recorded, under which condition the record will be corrected.) A disinterested hearing officer will be appointed who shall afford the parent and/or eligible student full opportunity to present evidence in support of the challenge. The hearing shall be held within a reasonable period of time, not to exceed thirty (30) days under normal circumstances, after the District has received the request, and the parents and/or eligible student shall be given notice of the date, place and time reasonably in advance of the hearing. The parent and/or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney. The hearing officer shall render a decision within a reasonable time after the hearing, not to exceed thirty (30) days, and inform the parents and/or eligible student in writing of the outcome. The decision shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision. If the hearing officer decides that the record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the parent and/or eligible student shall then have the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the hearing official. Any such written explanation then becomes a part of the education record. If the education records of the student or the contested portion thereof are disclosed to any party, the explanation shall also be disclosed to that party.
RIGHT TO FILE A COMPLAINT
A parent or eligible student has the right to file a complaint with the United States Department of Education if they believe that the District has failed to comply with the requirements of FERPA. The complaint should be in writing and sent to: Family Policy Compliance Office, United States Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-4605.