The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records. These rights are:
- The right to inspect and review the student’s education records within 45 days after the day the receipt of a request for access.
Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the records 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.
- 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 who wish to ask the school to amend a record should write the school principal, 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 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.
- 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. The District will 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,
- 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. 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
The District may disclose the following types of information (known as “directory information”) without your consent unless you notify the School Principal or the Superintendent in writing within 20 days of the date you receive this notice that you do not want any or all of those types of information about the student designated as directory information. Directory information includes the following information relating to a student: the student\family members’ name, address, telephone number, District-provided electronic mail address, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, and other similar information. Directory information may be disclosed for purposes beneficial to the student and the school district only with the approval of the district Superintendent or his designee.
Consent for Collection of Student Information and Photographic Images
The School Board elected by the residents of the School District, or the Superintendent, as the appointed representative of the School Board, may provide consent for the gathering of certain types of student information as specified below. Such representational consent will suffice in lieu of student, parental, guardian or surrogate consent for the collection of the following types of information:
a. Name, address, phone number of student.
b. Parents’ or guardians’ or surrogates’ name, address, phone number, place of work. c. Scores of group aptitude and achievement tests.
d. Grades on teacher-prepared tests relating to subject matter curriculum.
e. Grades on report cards.
f. Vocational skill assessment.
g. Hearing and vision screening devices.
h. Such other information that is routinely collected and deemed necessary by the Superintendent or a designee, provided it has been specified through the above representational consent procedures.
If you wish to appeal the decision of such representational consent, you must direct your appeal in writing to the Superintendent.
From time to time, photographs, video recordings and other images (“collectively photographic images”) may be taken of your child for district public relations publications such as the district calendar, district and teacher websites, or other school-related purposes. These photographic images (which are not considered student records) will be used in a manner designed to ensure that confidential information about your child’s educational program will not be revealed.
If you object to the use of your child’s photographic image by the District in any manner, you must indicate in writing by September 1 of each school year that you do NOT want your child’s image utilized by the District. Please send these requests to the attention of the Superintendent at the address listed above or via email to wadet@Jenkintown.org and include your child’s name and grade level.
