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FERPA

Family Educational Rights and Privacy Act (FERPA)

(As defined by the Federal Department of Education http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html)

The Family Educational Rights and Privacy Act (FERPA) is a Federal law designed to protect the privacy of a student’s education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student, or former student, who has reached the age of 18 or is attending any school beyond the high school level. Students and former students to whom the rights have transferred are called eligible students.

Parents or eligible students have the right to inspect and review all of the student’s education records maintained by the school. Schools are not required to provide copies of materials in education records unless, for reasons such as great distance, it is impossible for parents or eligible students to inspect the records. Schools may charge a fee for copies.
Parents and eligible students have the right to request that a school correct records believed to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record commenting on the contested information in the record.
Generally, schools must have written permission from the parent or eligible student before releasing any information from a student’s record. However, the law allows schools to disclose records, without consent, to the following parties:
  • School employees who have a need to know.
  • Other schools to which a student is transferring.
  • Certain government officials in order to carry out lawful functions.
  • Appropriate parties in connection with financial aid to a student.
  • Organizations conducting certain studies for the school.
  • Accrediting organizations.
  • Individuals who have obtained court order or subpoenas.
  • Persons who need to know in cases of health and safety emergencies; and state and local authorities within a juvenile justice system, pursuant to specific state law.
Schools may also disclose, without consent, “directory” type information such as student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose “Directory” information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Note: The USA Patriot Act of 2001 (Uniting and Strengthening America by providing appropriate tools required to Intercept and Obstruct Terrorism) amends FERPA to include additional exceptions to the rules of releasing information without student/parent consent.

Sandusky Career Center’s FERPA POLICYS & PROCEDURES

Student Records Access
Eligible students shall have the right to review their records. Access must be provided within forty-five (45) days after the eligible student notifies the school they are requesting to review. All materials in the cumulative folder are intended for school use shall be available. The school Director or designated administrator shall be present during any review of student records.

Release of Student Records
Any eligible student, person or agency requesting release of a student records must contact the office of the Career Center Director. The Director or designee shall provide a form to the requestor to be completed and signed. The Director or designee receives the signed form and reports the request to the parent(s), guardian(s) or eligible student by telephone or letter. The parent(s), guardian(s), or eligible student signs the release form giving approval for transfer or release of the records and receive a copy of the records released, the date, to whom, and the stated purpose.

Request for Amendment & Further Appeal
An eligible student shall have the opportunity to challenge the contents of the school records at a hearing, as scheduled by the Director of theCareerCenter, if they believe the materials are inaccurate, misleading, or inappropriate. Any materials determined to be inaccurate, misleading, or inappropriate must be deleted or changed. All records concerning the complaint and how it was handled must be sent to the Director within one work week after receiving the request and records pertaining to it, all persons involved may be invited to an informal hearing or discussion in an attempt to negotiate a satisfactory settlement of the grievance.
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