Family Education Rights and Privacy Act

Family Education Rights and Privacy Act

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Information about Early Intervention, Parent Rights, Mediation or due Process Procedures, specific Special Education Services and programs offered by the district, and the district’s Educational Records Policy are available upon request from the building.


Privacy Rights of Parents and Students

The School District and its employees are required by Federal Law as well as State and Federal Rules and Regulations to protect the rights of students.  The foundation of these rights comes from Federal legislation entitled, Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendments).  There are State Rules and Regulations dealing with regular and special education students’ rights and privacy.  All students are covered by the State Regulations contained in Chapter 12 known as Students’ rights and Responsibilities.  The basic premise of these laws, rules, and regulations is that information about students cannot be disclosed without written parental consent.


Education Records, Personally Identifiable Information, Directory Information

Education Records consist of information directly related to a student which is maintained by an educational agency.  Personally Identifiable Information includes the student’s name, the name of the parent or other family members, a personal identifier or a list of personal characteristics that would make the student’s identity easily traceable.

Education Records and Personally Identifiable Information cannot be disclosed or released without written parental consent or if a student is over eighteen, without student consent.

There is certain information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy, if disclosed.  The School District designates what information is labeled as Directory Information.  It shall include the following: the student’s name, address, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

Disclosure of the information means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in these records, to any party, by any mean, including oral, written or electronic.  This means that information about a student cannot even be shared in conversation without permission.  This also applies to other personnel who do not have an educationally relevant reason to possess knowledge of a student.

Written parental consent is necessary for the disclosure of a personally identifiable information and education records.  The consent must: (1) specify the record that may be disclosed; (2) state the purpose of the disclosure; (3) identify the part of class of parties to whom the disclosure may be made.  Furthermore, the School District must maintain a written record of disclosure for the parents to inspect in case information has been released.