FERPA

 

Notification of Rights Under FERPA and Notice for Directory Information

 

Directory Information 

The Family Educational Rights and Privacy Act (FERPA) allows schools to release “directory information,” i.e.,  student’s name, address, photograph, participation in officially recognized activities and sports, diploma or certificate, awards received, and other similar information.  Lexington County School District 3 considers photographs to include digital images, including digital photographs and recordings related to school or Lexington 3-sponsored events, activities, and special recognition, as “directory information.”  If, for some reason, you object to your child’s inclusion/identification in published school recognitions/events/activities, including a school- or district-maintained website, Facebook, Twitter, YouTube or Instagram account, you must, by September 18, 2018, advise your child’s principal in writing (annually) of the specific type of directory information to withhold.

In addition, federal laws require high schools to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – UNLESS parents have advised the school that they do not want their student’s information disclosed.  If you wish to “opt out” of the provision for contact information to the military, you must, by September 18, 2018, advise the high school principal  in writing (annually) of the specific type of directory information to withhold.

 

Education Records

A student’s cumulative education record contains directory information, scholastic information, standardized test data, health records, and other similar information.  Individual student records are not available for public inspection; however, 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:

 

1. To inspect and review the student’s education records within 45 days of receipt of written request for access.
Parents or eligible students should write to the school principal identifying the record(s) that they wish to inspect.  The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

 

2. To request the amendment of the student’s education records that the parent or eligible student believes to be inaccurate or misleading (FERPA provisions do not apply to grades and educational decisions made by school personnel)
Parents or eligible students may ask to amend a record that they believe is inaccurate or misleading.  They should write the school principal and clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.

If Lexington District 3 does not amend the record as requested by the parent or eligible student, the administration will notify the parent or eligible student of the decision and of the right to a hearing regarding the request for amendment. With this notification, Lexington District 3 will provide additional information regarding hearing procedures.

 

3. To consent to disclosures of personally identifiable information contained in the student’s records, except to the extent that FERPA authorizes disclosure without consent.
One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests.  A school official is a person employed by Lexington 3 as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement personnel); a person serving on the school board; a person/company with whom Lexington 3 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 disciplinary or grievance committee) or assisting a school official in performing his/her tasks.  A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.  Upon request and without consent Lexington 3 discloses education records to officials of another school district in which a student seeks or intends to enroll.

 

4. To file a complaint with the US Department of Education concerning alleged failures by Lexington District 3 to comply with the requirements of FERPA.

 

Contact information for the office that administers FERPA is: Family Policy Compliance Office US Department of Education 400 Maryland Avenue, SW Washington, DC 20202-4605

Contact information for the office that administers FERPA is:

Family Policy Compliance Office
US Department of Education

400 Maryland Avenue, SW
Washington, DC 20202-4605