Federal Family Educational Rights and Privacy Act (FERPA)

  • As part of the No Child Left Behind Act of 2001 (NCLBA), a school district receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) must give military recruiters the same access to secondary school students as is provided to postsecondary institutions or to prospective employers. In addition, school districts are now required to provide students’ names, addresses and telephone listings to military recruiters upon request from the recruiter unless parents have advised the school district they do not wish this information to be provided to the military absent prior written consent. NCLBA further requires school districts to notify parents of their right to request this student information be withheld from military recruiters. If you do not wish this information to be provided, please inform Mr. Sal Alaimo, Eastport-South Manor Jr. Sr. High School Principal, no later than September 15, 2017.

    Unless objection to any of the specific items are submitted in writing by parents, legal guardians or those students over the age of 18 years, the District herewith gives notice of the possibility that the District may release or publish in the District’s newsletters or bulletins, school or student newspapers, magazines, yearbooks or other publications, daily or weekly newspapers, athletic programs, musical, theatrical or award programs, news releases and school related organizations, any or all of the following directory information pertaining to students as may be appropriate under the circumstances: the student’s name, parent’s name, address, telephone listing, 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 most recent or previous educational agency or institution attended by the student.

    Under the regulations of this act, parents, guardians or students over the age of 18 who do not desire the release of any of the above directory information must make a specific request in writing to the Superintendent by September 15, 2017. Failure to make such request shall be deemed consent to release, provide or publish directory information during the 2017-2018 school year.

    Family Educational Rights and Privacy Act (FERPA)

    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. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

    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. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

    For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.

    Or you may contact us at the following address:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, D.C. 20202-5920