FERPA - Family Bill of Right for Data Privacy and Security
Notice to Parents and Eligible Students (students over 18 years of age) of Rights under the Family Educational Rights and Privacy Act (FERPA).
You are notified that you have the following rights in
relation to student records:
v The right to inspect and
review students’ education records within a reasonable time but not more than
45 days from the day the
v The right to request the
amendment of the student’s education records that the parent or eligible
student believes is inaccurate or misleading or otherwise in violation of the
student’s privacy rights. Parents or
eligible students may ask the
v 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 District 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 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
v The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Olean City School District to comply with the requirements of FERPA.
The name and address of the office that administers FERPA is:
Family Policy Compliance Office
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 toinspect 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).