Family and Educational Rights Privacy Act
The District’s procedures for the confidentiality of student records are consistent with federal statutes, including the Family Educational Rights and Privacy Act (FERPA). The parents, those acting in a parental relationship, or eligible students of the qh88 Central School District are hereby notified that you have the following rights in relation to student records under the Family Educational Rights and Privacy Act (FERPA) and Board of Education Policy #:
- The right to inspect and review student’s education records, unless otherwise limited by court order or other legally binding instrument, within 45 days of receipt of request.
- The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading or otherwise a violation of the student’s privacy or other rights.
Although not required by FERPA, the District may, under limited circumstances, amend or modify education records to reflect a legal change in demographic information. A parent/guardian of a student under the age of 18 or a student who is 18 years of age or older or who is attending an institution of post-secondary education may seek an amendment to an education record(s) to reflect a change in the student’s demographic information, upon submission to the District of necessary proof substantiating such change. Any such request for an amendment or modification to an education record(s) must be submitted in writing to the Assistant Superintendent of Exceptional Education and Student Services.
Necessary proof substantiating a change in demographic information may include, but is not limited to:
- Record(s) or certification(s) from the student’s treating physician, psychologist and/or psychiatrist verifying a medical change in gender; and
- Record(s) from a court demonstrating a legal name change; and
- Any other record(s) deemed relevant by the District determining the particular request.
Upon medical and/or legal proof of change, the District will provide the student and/or his/her parent with an updated transcript to reflect the change in demographic information. Such updated transcript will reflect the name, gender, social security number and address of the student as of the date that the transcript is issued. Transcripts will not be pre-dated.
Parents or eligible students may request such amendment by writing to the School Principal (or appropriate school official), clearly identify the part of the record they want changed, and specifying why it is inaccurate. 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 advise them of the right to a hearing regarding the requested amendment. Additional information regarding hearing procedures will be provided to the parent or eligible student when notified of this right.
- 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.
- There are exceptions which allow for disclosure without consent:
- Educational records may be released to school officials with legitimate educational interests. A school official is a person employed by a school district as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); a person or company with whom the school 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 the educational record in order to fulfill his or her professional responsibility.
- Educational records may be released by school officials for enrollment purposes.
- Education records of a student concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community may be disclosed to school officials in other schools who have been determined to have a legitimate educational interest in the behavior of the student.
- Educational records may be disclosed by school officials, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of the Individuals with Disabilities Education Act, to another school or postsecondary institution in which the student seeks or intends to enroll.
- Educational records may be released when designated as Directory Information.
- Educational records may be disclosed when a health and safety emergency exists.
- Educational records may be released when an audit/evaluation is being conducted by the Comptroller General of U.S., the Attorney General, the Secretary of Education, and State or local educational authorities to evaluate programs or enforce compliance with federal requirements.
- Educational records may be disclosed without prior consent when research studies are being conducted for or on behalf of the District
- The District may provide educational records without prior consent from a parent or eligible student in the limited circumstances provided by FERPA and the applicable regulations at 34 C.F.R. § 99.31 including the exceptions discussed herein.
3. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District 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 Ave., SW, Washington, DC 20202-4605.
4. If either a student’s parent, those acting in a parental relationship, or the eligible student desire to obtain copies of the policy pertaining to student records, notification should be presented to the Assistant Superintendent of Student Services and Exceptional Education, 105 Casey Rd., PO Box 5000, East Amherst, NY 14051-5000. Please refer to policy posted on the District website for full text and declaration of rights
Designated Directory Information
The school district designates the following personally identifiable information contained in a student’s education record as “directory information” and shall release the information without prior written consent, unless it is for commercial purposes.
In accordance with the Family Educational Rights and Privacy Act (FERPA), the District defines student directory information as the following: student name; name of parent/guardian; grade designation; participation in officially recognized activities and sports; weight and height (if members of athletic teams); honors, degrees and awards received; and the name of the educational agency or institution most recently previously attended by the student. Student address may also be considered directory information and released without consent to law enforcement authorities for the purpose of complying with active investigations.
OPT-OUT: If you do not want the District to disclose the above directory information from your child’s educational records without your prior written consent, including to military recruiters, institutions of higher education, and potential employers, you must notify the District in writing by September 30th of the school year. This notice must be sent to the building principal of your child’s school.