Family Educational Rights and Privacy Act (FERPA)

  • Notification of Rights under FERPA for Elementary and Secondary Schools 

    The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“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 of the day Bolivar-Richburg Central School received a request for access.

    Parents or eligible students should submit to the Bolivar-Richburg Central School appropriate building principal a written request that identifies the record(s) 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 appropriate school building principal, clearly identify the part of the record they want changed, and specify why it should be changed.  If the Bolivar-Richburg Central 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 advise them 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 privacy of personally identifiable information 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 school 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 school has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving 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, Bolivar-Richburg Central 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 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  20202-8520 

    FERPA Directory Information

    The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Bolivar-Richburg Central School, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, Bolivar-Richburg Central School may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.  The primary purpose of directory information is to allow the Bolivar-Richburg Central School District to include this type of information from your child’s education records in certain school publications.  Examples include:

    • A playbill, showing your student’s role in a drama production;
    • The annual yearbook;
    • Honor roll or other recognition lists;
    • Graduation programs; and
    • Sports activity sheets, such as for wrestling, showing weight and height of team members.

    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 (LEA’s) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – 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.1

    If you do not want Bolivar-Richburg Central School to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 30.  Bolivar-Richburg Central School has designated the following information as directory information:

    • Student’s name
    • Address
    • Telephone listing
    • Electronic mail address
    • Photograph
    • Date and place of birth
    • Major field of study
    • Dates of attendance
    • Grade level
    • Participation of officially recognized activities and sports
    • Weight and height of members of athletic teams
    • Degrees, honor, and awards received
    • The most recent educational agency or institution attended
    • Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc.  (A student’s SSN, in whole or in part, cannot be used for this purpose.)

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    1These laws are:  Section 9528 of the Elementary and Secondary Education Act (20 U.S.C. § 7908), as amended, and 10 U.S.C. § 503(c), as amended.