STUDENT RECORDS

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• • Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

  • Parents or eligible students have the right to request that a school correct records which they believe 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 setting forth his or her view about the contested information.

  • Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

  • School officials with legitimate educational interest;

  • Other schools to which a student is transferring;

  • Specified officials for audit or evaluation purposes;

  • Appropriate parties in connection with financial aid to a student;

  • Organizations conducting certain studies for or on behalf of the school;

  • Accrediting organizations;

  • To comply with a judicial order or lawfully issued subpoena;

  • Appropriate officials in cases of health and safety emergencies; and

  • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a 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.

Student records shall be available only to students and their parents, eligible students, designated school officials, and designated school personnel, who have a legitimate educational interest in the information, or to other individuals or organizations as permitted by law.

Both parents shall have equal access to student records unless stipulated otherwise by court order or law. In the case of eligible students parents may be allowed access to the records without the student's consent, provided the student is considered a dependent.

A school official is a person employed by the District as an administrator, supervisor, teacher/instructor (including substitutes), or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board; a person or company with whom the District 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/her tasks (including volunteers).

The District will comply with a legitimate request for access to a student's records within a reasonable period of time but not more than forty-five (45) days after receiving the request. Upon the request of the viewer, a record shall be reproduced, unless said record is copyrighted, or otherwise restricted, and the viewer may be charged a fee equivalent to the cost of handling and reproduction. Based upon reasonable requests, viewers of educational records will receive explanation and interpretation of the records.

Special Education Records

You have the right to see all education records relating to your child that are collected, maintained or used in the course of your child’s schooling by:

• The school district; or

• Any other participating agency or institution (referred to as “agency” in this section) (“Participating agency” means any agency or institution that collects, maintains or uses personally identifiable information, or from which information is obtained, under Part B of IDEA. Part B applies to children with disabilities who are 3-21 years of age.)

This includes all education records related to your child qualifying for special education services and getting special education services and regarding the provision of a free appropriate public education to your child.

The school district or agency must agree to your request to see your child’s education records:

• Without unnecessary delay;

• Before any meeting about an IEP or any due process hearing or resolution meeting; and

• Never more than 45 days after you make the request.

Your rights to inspect and review your child’s education records include the following:

• You have the right to a response from your school district or agency to reasonable requests for explanations of the records;

• You have the right to have your representative inspect and review the education records; and

• You have the right to receive copies of the education records if not having copies would prevent you from inspecting and reviewing the educational records (for example, if you live far from the school or cannot physically get to it).

The district must get your consent before releasing your child’s personal information to parties other than officials of school districts or agencies, unless it is given permission to do so without your consent under 34 CFR Part 99, the Family Educational Rights and Privacy Act (FERPA).

Parental consent, or the consent of an eligible child who has reached age 18, is required at the

following times:

• Before personal information is released to officials of agencies providing or paying for transition services; and

• If your child is enrolled or is going to enroll in a nonpublic school that is not located in the school district of residence, you must give your consent before any personal information from the child’s records is released between officials in the school district where the nonpublic school is located and officials in the school district of residence. You must also give your consent before the school district of residence or the school district where the nonpublic school is located shares personal information with the nonpublic school. Personal information includes, but is not limited to:

• The name of your child, your name, or the name of another family member;

• Your child's address;

• A personal identifier, such as your child's Social Security number or student number; and

• A list of personal characteristics, or other information that would make it possible for someone to identify your child with reasonable certainty.

The school district or agency may assume that you, the parent, have the authority to inspect and review your child’s records, unless the school district or agency has been informed that you do not have the authority under Ohio law governing matters such as guardianship, separation and divorce. If any education records include information on more than one child, you have the right to inspect and review only the information relating to your child or to be informed of that specific information. At your request, the school district or agency must show you a list of the types and locations of education records collected, maintained or used by the district or agency.

The school district or agency must protect the privacy of your child’s personal information all the while it is collected, stored, shared with others or being destroyed. One official at the school district or agency must be given responsibility for ensuring the privacy of this information. The school district or agency must also provide training on the state’s policies and procedures to all staff that collect or use the information. Each district or agency must maintain for public inspection a current listing of the names and positions of those district or agency employees who may have access to student personal information. The school district or agency must keep a record of who is allowed to see education records (except parents and authorized school district or agency employees). This record must include the name of the party, the date the party was allowed to see the records and the purpose for which the party is allowed to use the records.

The school district or agency must inform you when your child’s personal information is no longer needed to provide educational services to your child. The district or agency may destroy your child’s personal information after it has informed you of this. And the district or agency must destroy the information at your request. However, the district or agency may keep a permanent record of a student’s name, address, telephone number, grades, attendance record, classes attended, grade level completed and year completed without time limitation.

If you believe that any information in your child's education records is inaccurate, misleading or violates the rights of your child, you may ask the school district or agency that maintains the information to change it. The school district or agency must decide whether to change the information within a reasonable amount of time following your request.

If the school district or agency refuses to change the information as you requested, it must inform you of that and also inform you that you have a right to a records hearing. A records hearing is a meeting where you are given a chance to object to the information in your child’s education records if you feel it is not accurate, misleading or violates your child’s privacy or other rights. After the records hearing, if the school district or agency agrees with you, it must change the information and let you know in writing. If the school district or agency disagrees with you, it must inform you of your right to place a statement in the records. The statement contains your comments on the information and your reasons for disagreeing with the decision of the school district or agency. This statement will be placed in your child's education records, and the school district or agency must keep this statement as long as the record or the portion of the record you disagree with is kept. Anytime your child's records are shared or the portion you disagree with is given to someone by the school district or agency, your statement must also be included.

The school district or agency may not charge a fee to search for or pull out information. It may charge you a fee for copies of records as long as the fee does not keep you from being able to exercise your right to inspect and review your child’s records.