The Family Educational Rights and Privacy Act (“FERPA”) provides parents/guardians (“parents”) and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, as follows (Seedetails of S-32 Student Records/Release of Information on Students- 7/30/07):
1. The right to inspect and review the student’s education records.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading or otherwise violates the privacy rights of the student.
3. The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA.
5. The right to refuse to permit the designation of any or all of the categories of directory information.
6. The right to request that information not be provided to military recruiting officers. Names, addresses and home telephone numbers as well as directory information of secondary school students will be released to military recruiting officers within 90 days of the request unless a student submits a written request that such information not be released.
Disclosure of personally identifiable information can be made without consent to the following:
1. School officials, including teachers, working in the school at which the student is enrolled who have a specific and legitimate educational interest in the information for use in furthering a student’s academic achievement or maintaining a safe and orderly learning environment.
2. Officials of another school, school system or post secondary institution that has requested the records and in which the student seeks or intends to enroll.
3. In connection with a student’s application for or receipt of financial aid.
4. A criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to trial.
5. Educational testing and research organizations for the purpose of administering student aid programs or improving nstruction or predictive tests as long as confidentiality is maintained and such organizations are required to destroy records after they no longer are needed.
6. Accrediting institutions to carry out their accrediting functions.
7. Parents of students over 18 years of age that are dependent for federal income tax purposes.
8. In emergency situations to appropriate persons if the information is necessary to protect the health and safety of the student or others.
9. Anyone if required by a court order or subpoena.
10. A court presiding over a legal action initiated by the school district where the education records are relevant, or initiated by a parent or eligible student where the records are relevant for the school district’s defense.