FERPA: STUDENT EDUCATION RECORDS AND IN FORMATION RIGHTS

ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents and eligible students (18 years of age or older) with respect to the student’s education records.

A. Inspection of Records

Parents/eligible students may inspect and review the student’s education records within 45 days of making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible student of the time and place where the record(s) may be inspected. Parents/eligible students may obtain copies of education records at a cost of $0.10 per page.

B. Amendment of Records

Parents/eligible students may ask AOS 98 and/or member schools to amend education records they believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing, and information about the hearing procedure.

C. Disclosure of Records.

AOS 98 and/or member schools, must obtain a parent/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances as permitted by law.

1. Directory Information.

AOS 98 and/or member schools designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in AOS 98 schools, and honors and awards received. Parents/eligible students who do not want AOS 98 member schools to disclose directory information must notify the building principal in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

2. Military Recruiters/Institutions of Higher Education

Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want schools to disclose this information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.

3. School Officials with Legitimate Educational Interests

Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if he/she needs to review an education record in order to fulfill his/her professional responsibility. School officials include persons employed by AOS 98’s schools as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); members of any of the AOS 98 member school boards; persons or companies with whom AOS 98 and member schools have contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, or therapists); and parents, students and volunteers serving on an official committee (such as a disciplinary or grievance committee) or assisting a school official in performing his/her professional responsibilities.

4. Longitudinal Data Studies.

AOS 98 and member schools, are required by the Commissioner of the Maine Department of Education to collect and report student social security numbers for longitudinal data purposes. AOS 98 and member schools will be asking parents to provide written consent to use their child’s social security number for these purposes. Provision of a child’s social security number is not required as a condition of enrollment in AOS 98 and member schools, and no child’s social security number may be used for longitudinal data purposes without prior written.

AOS 98 parental consent. When a student turns 18 years of age, the written consent must be obtained from the student and the rights previously accorded to the parent are accorded to the student.

The written consent letter should read as follows:

“Your compliance with this request is completely voluntary. We must request that you provide your child’s social security number, but you are not required to provide the number to us. There will be no adverse consequences for your child if you decline to provide the social security number. Your child will still be enrolled in school, and he or she will have all the same rights and privileges of every other student in our schools. If you are a student aged 18 or over, you have the right to decide whether to allow use of your social security number. No child’s social security number may be used for longitudinal data purposes without the parent’s or the 18-year-old student’s written consent.”

5. Other School Units. As required by Maine law, when AOS 98 member schools send student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained).

6. Health or Safety Emergencies. In accordance with federal regulations, AOS 98 member schools may disclose education records without prior written consent in a health and safety emergency to any person whose knowledge or the information is necessary to protect the health or safety of the student or other individuals.

7. Other Entities/Individuals. Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.

D. Complaints Regarding School Department Compliance with FERPA Parents/eligible students who believe that AOS 98 and/or member schools have not complied with the requirements of FERPA, have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202

Legal Reference: 20 U.S.C. § 7908 34 C.F.R. § 99.7 20-A M.R.S.A. § 6001

Cross Reference:

ILD – Educational Research: Student Submission to Surveys, Analyses, or Evaluations

JRA Student Education Records and Information

JRA-R Student Education Records and Information

Adopted: 12-02-03

Revised 11-19-18