The Family Educational Rights and Privacy Act (FERPA) affords parents and eligible students certain rights regarding student education records. For purposes of student records, an “eligible” student is anyone age 18 or older or who attends a postsecondary educational institution. These rights, as discussed here and at Objecting to the Release of Directory Information on page , are the right to: Inspect and review student records within 45 days after the day the school receives a request for access; Request an amendment to a student record the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of FERPA; Provide written consent before the school discloses personally identifiable information from the student’s records, except to the extent that FERPA authorizes disclosure without consent; and File a complaint with the U.S. Department of Education concerning failures by the school to comply with FERPA requirements. Both FERPA and state laws safeguard student records from unauthorized inspection or use and provide parents and eligible students certain rights of privacy. Before disclosing personally identifiable information from a student’s records, the district must verify the identity of the person, including a parent or the student, requesting the information. Virtually all information pertaining to student performance—including grades, test results, and disciplinary records—is considered confidential educational records. Inspection and release of student records is restricted to an eligible student or a student’s parent unless the school receives a copy of a court order terminating parental rights or the right to access a student’s education records. A parent’s rights regarding access to student records are not affected by the parent’s marital status. Federal law requires that control of the records goes to the student as soon as the student: Reaches the age of 18, Is emancipated by a court, or Enrolls in a postsecondary educational institution. However, the parent may continue to have access to the records if the student is a dependent for tax purposes and, under limited circumstances, when there is a threat to the health and safety of the student or other individuals. FERPA permits the disclosure of personally identifiable information from a student’s education records without written consent of the parent or eligible student when school officials have what federal law refers to as a “legitimate educational interest” in a student’s records. Legitimate educational interest may include: Working with the student; Considering disciplinary or academic actions, the student’s case, or an individualized education program for a student with disabilities; Compiling statistical data; Reviewing an educational record to fulfill the official’s professional responsibility; or Investigating or evaluating programs. School officials may include: Board members and employees, such as the superintendent, administrators, and principals, Teachers, school counselors, diagnosticians, and support staff (including district health or medical staff); A person or company with whom the district has contracted or allowed to provide a specific institutional service or function (such as an attorney, consultant, third-party vendor that offers online programs or software, auditor, medical consultant, therapist, school resource officer, or volunteer); A person appointed to serve on a team to support the district’s safe and supportive school program; A parent or student serving on a school committee; or A parent or student assisting a school official in the performance of his or her duties.
FERPA also permits the disclosure of personally identifiable information without written consent: To authorized representatives of various governmental agencies, including juvenile service providers, the U.S. Comptroller General’s office, the U.S. Attorney General’s office, the U.S. Secretary of Education, the Texas Education Agency, the U.S. Secretary of Agriculture’s office, and Child Protective Services (CPS) caseworkers or, in certain cases, other child welfare representatives.
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To individuals or entities granted access in response to a subpoena or court order.
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To another school, district/system, or postsecondary educational institution to which a student seeks or intends to enroll or in which the student already is enrolled.
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In connection with financial aid for which a student has applied or has received.
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To accrediting organizations to carry out accrediting functions.
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To organizations conducting studies for, or on behalf of, the school to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction.
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To appropriate officials in connection with a health or safety emergency.
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When the district discloses directory information-designated details.
Release of personally identifiable information to any other person or agency—such as a prospective employer or for a scholarship application—will occur only with parental or student permission as appropriate. The campus principal or their designee is custodian of all records for currently enrolled students at the assigned school. The campus principal or their designee is the custodian of all records for students who have withdrawn or graduated. A parent or eligible student who wants to inspect the student’s records should submit a written request to the custodian of records identifying the records he or she wants to inspect. Records may be reviewed in person during regular school hours. The records custodian or designee will be available to explain the record and to answer questions. A parent or eligible student who submits a written request and pays copying costs of ten cents per page may obtain copies. If circumstances prevent inspection during regular school hours and the student qualifies for free or reduced-price meals, the district will either provide a copy of the records requested or make other arrangements for the parent or student to review the records. You may contact the custodian of records for currently enrolled students at your child’s campus. You may contact the custodian of records for students who have withdrawn or graduated at the last campus the student attended. A parent or eligible student may inspect the student’s records and request a correction or amendment if the records are considered inaccurate, misleading, or otherwise in violation of the student’s privacy rights. A request to correct a student’s record should be submitted to the appropriate records custodian. The request must clearly identify the part of the record that should be corrected and include an explanation of how the information is inaccurate. If the district denies the request to amend the records, the parent or eligible student has the right to request a hearing. If after the hearing the records are not amended, the parent or eligible student has 30 school days to place a statement in the student’s record. Although improperly recorded grades may be challenged, contesting a student’s grade in a course or on an examination is handled through the complaint process found in policy FNG(LOCAL). A grade issued by a teacher can be changed only if, as determined by the board of trustees, the grade is arbitrary, erroneous, or inconsistent with the district’s grading guidelines. The parent’s or eligible student’s right of access to and copies of student records does not extend to all records. Materials that are not considered educational records—such as a teacher’s personal notes about a student shared only with a substitute teacher—do not have to be made available.