Family Educational Rights & Privacy Act Notice
TO: Parents, Guardians, and/or Eligible Students
FROM: Superintendent of Schools, McLouth Unified School District No. 342
RE: Procedures in Educational Records Management (Annual Notice)
On November 19, 1974, the Family Educational Rights and Privacy Act of 1974, as amended, became law. Under this law the parents of students enrolled in any educational institution receiving federal funds are given certain rights concerning the educational records of their children. The following information is being provided in accordance with this act:
1. Types of educational records maintained: The types of educational records regularly maintained and directly related to each student include the following:
• Personal data and family background information;
• Medical and health information;
• Date of school entry;
• School grades;
• Transcripts from previous schools attended;
• School-wide results;
• School activities.
2. Right to a hearing: You are entitled to a hearing to challenge the content of your son’s or daughter’s educational records. The records may be challenged on the following grounds:
• The records are inaccurate;
• Date of school entry;
• Contains inappropriate data.
You will be provided an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents and eligible students respecting the content of such records.
3. Responsibility for maintenance: The building principal of each attendance center is responsible for the maintenance of all the above listed types of records. All deleted information will be destroyed under supervision.
4. Access to records: The following persons, organizations, agencies, or institutions who have a legitimate interest may have access to the educational records of each student without parental consent:
• Other school staff – educational, social, personal development
• Authorized representatives of federal and state agencies – fulfillment of legal requirements
• Institutions or agencies – in connection with financial aid for student
• State and local officials – information required to be reported by state statute
• Board of Education
• Accrediting organizations – accreditation
• Appropriate persons – health or safety of student and others
• Parents of a dependent student – parent information
• Courts – parent will be notified before compliance
Before any educational records will be released to any other parties, you must give your written consent to said release to the appropriate record custodian.
5. CORRECTION OF EDUCATION RECORDS – Parents or eligible students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:
• Parents or the eligible student must ask McLouth School District to amend the record. In so doing, they should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of the student’s privacy or other rights.
• McLouth School District may comply with the request or it may decide not to comply. If it decides not to comply, the district will notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
• Upon request, McLouth School District will arrange for a hearing, and notify the parents or eligible student, reasonably in advance, of the date, place, and time of the hearing.
• The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the District. The parents or eligible student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The parents or student will be assisted by one or more individuals, including an attorney.
• McLouth School District will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reason for the decision.
• If McLouth School District decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, it will notify the parents or eligible student that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
• The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If McLouth School District discloses the contested portion of the record, it will also disclose the statement.
• If McLouth School District decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the parents or eligible student, in writing that the record has been amended.
6. PROCEDURE TO INSPECT EDUCATION RECORDS. – Parents of students or eligible students may inspect and review the student’s education records upon request.
• Parents or eligible students should submit to the student’s school principal a written request which identifies as precisely as possible the record or records he or she wishes to inspect.
• The principal (or other appropriate school official) will make the needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request.
• When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.
7. FEES FOR COPIES OF RECORDS. – The fee for copies will be ten cents per page. (NOTE: A school district may not charge for search and retrieval of the records; however, it may charge for copying time and postage.)
8. Right of interpretation: Parents or students have the right to appropriate interpretations of the content of their educational records.
9. Directory information: The following information is defined as directory information—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 the most recent previous educational agency or institution attended by the student.
If you believe that any or all of the above directory information should not be released without your prior consent, please complete the statement below and return it to your building principal or the superintendent of schools.
I request that the above described directory information not be released without my prior consent.
Name of Student_________________________________________________
Parent/Guardian Signature _________________________________________
10. Transfer of educational records to another educational institution: At the time school records are transferred, a signed release will be required.
11. Court order for educational records: Upon receipt of a subpoena or judicial order requiring said custodian to relinquish control of said educational records, you will be notified of such an order, prior to compliance.
12. Record of requests for access: Except for school staff members, the building principal will maintain a record of those persons, agencies, or organizations who have had access. This record will indicate the legitimate educational or other interest that each person, agency, or organization had in seeking said educational records.
13. Transfer of rights: When the students become eighteen years of age or is attending a post secondary institution, all rights formerly accorded to you as parents of said student become the sole right of the student, unless you are the parents of a dependent student, as recognized by the internal revenue code of 1954. Eligible students: A student who has attained eighteen years of age, or is attending an institution of post secondary education.
Parents or eligible students may file a complaint with HEW if they believe their rights under this law have been violated and efforts to resolve the situation through MCPS appeal channels have not proved satisfactory. Complaints should be addressed to:
Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, S.W.
Washington D.C. 20202-4605