Family Educational Rights and Privacy Act (FERPA)
Notification of Rights under FERPA for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:
1. The right to inspect and review the student's education records within 45 days after the day the Lexington City School System (“school”) receives a request for access.
Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal [or appropriate school offi¬cial] a written request that identifies the records they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask the [School] to amend their child’s or their education record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. A school official typically includes a person employed by the school or school district as an ad¬ministrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an educa¬tion record in order to fulfill his or her professional responsibility.
The Lexington City Police Department is considered the Lexington City School System’s “Law Enforcement Unit” as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C ~1232g and FERPA 34 CFR § 99) for purposes of sharing information regarding students.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Annual Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Lexington City School System, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Lexington City School System may disclose appropriately designated “directory information” without written consent, unless you have advised the Lexington City School System to the contrary in accordance with Lexington City School System procedures. The primary purpose of directory information is to allow the Lexington City School System to include information from your child’s education records in certain school publications. Examples include:
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA) to provide military recruiters, upon request, with the following information – names, addresses, and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.
If you do not want Lexington City School System to disclose any or all of the types of information designated below as directory information from your child’s education records without your prior written consent, you must notify the Lexington City School System in writing within 30 days of enrollment. Lexington City School System has designated the following information as directory information: