Family Educational Rights and Privacy Act (FERPA) Notice
Student Records, Directory Information and Opt Out Provision
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 or school records. These rights are:
- The right to inspect and review the student's education records within 45 days after the day DPSCD receives a request for access.
Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal a written request that identifies the records they wish to inspect. The school 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 their child’s or their education 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 includes persons employed by the school or school district 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, contractor, or consultant who, while not employed by the school, performs an institutional service or 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.
Another exception, DPSCD discloses education records without consent to officials of another school or school district in which a student has already enrolled for enrollment or transfer purposes.
DPSCD may disclose appropriately designated “directory information” without written consent, unless you have advised DPSCD to the contrary. The primary purpose of directory information is to allow DPSCD to include information from your child’s education records in certain school publications. Examples include:
- The annual yearbook;
- Honor roll or other recognition lists;
- Graduation programs; and
- Sports activity sheets, such as for football, showing weight and height of team members.
- A playbill, showing your student’s role in a drama production;
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, as amended (ESEA) to provide military recruiters, upon request, with the following information – names, 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 DPSCD to disclose any or all of the types of information designated below as directory information from your child’s education records without your prior written consent, you must give written notification to the school that your child or the eligible student is enrolled in and to the Deputy Superintendent’s Office no later than September 30th of each school year. DPSCD has designated the following information as directory information:
- Student's name
- Telephone listing
- Grade level
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- Degrees, honors, and awards received
Parents or eligible students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by DPSCD to comply with the requirements of FERPA. The name and address of the office that administers FERPA can be found below:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202