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2017-18 Student Handbook

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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

On November 20, 1974, The Family Educational Rights and Privacy Act of 1974 became law.  Under this law the parents of students enrolled in any educational institution receiving federal funds are given certain rights concerning the school records of their children.

The following rights are accorded to parents under this Act:

            1.   You are entitled to have access to your child’s school records upon request.  This request should be directed to the custodian of the school records in question.  Access must be granted to you within 45 days after receipt of the request by said custodian.

           2.     The school district will follow the following procedures in granting access by parents to student’s records:

                   a.     Parents of students under age 18 and students over age 18 shall have access to the student’s education records by requesting an appointment to examine the records.  The custodian of student records or his/her designated representative must be present to explain the records at the time of examination.

          3.     The parents’ rights of access shall include:

                   a.     The right to be provided a list of the types of educational records which are maintained by the institution and are directly related to their children;

b.      The right to inspect and review the content of those records;

c.      The right to obtain copies of those records, which may be at the expense of the parent or the eligible student but not to exceed the actual cost to the school district of reproducing such copies;

d.      The right to a response from the district to reasonable request for explanations and interpretations of those records;

e.      The right to an opportunity for a hearing to challenge the content of those records; and

f.       If any material or document in the educational record of a student includes information on more than one student, the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material.

4.      Right to hearing to challenge of your children’s educational record:

a.      To insure records are not inaccurate, misleading, inappropriate, or in violation of the privacy of the student and

b.      To insert into the record a written explanation respecting the content of the record.

5.     The school district will follow the following procedures where a parent desires to challenge the content of a student’s educational record:

a.       Right to Challenge.  In order to provide an opportunity to correct or possibly delete any recorded information on students, each record custodian shall provide parents or eligible students the opportunity to challenge, correct, delete, or add to a student’s educational record.  A dispute regarding a student’s record should be settled informally if possible.  A formal hearing may be necessary when informal discussion is not satisfactory to the parent or eligible student.

b.      Procedure for Challenging.  Whenever a student’s educational record cannot be corrected or amended to the satisfaction of the parent or eligible student through informal means, a formal hearing may be requested.  The request shall be made on a form prescribed by the record custodian and delivered to the Superintendent of Schools.  The Superintendent of Schools shall acknowledge the request, establish a time and place for the hearing, notify the parents or eligible student and school officials of same, conduct the hearing within thirty (30) calendar days of the receipt of the request, and render a decision in writing within ten (10) days after the hearing.  The parent of eligible student shall have full and fair opportunity to present evidence relevant to the disputed content of the educational record.

6.      Before any school records will be released to third parties who have requested copies of your child’s school records, you must give your written consent to said release.  This written consent must be presented to the custodian of said records before they are released.  The written consent must include the following:

a.       The specific records to be released;

b.      The reason for such release;

c.       The name of the part and/or agency to whom the records will be released; and

d.      Notification to you that you may receive a copy of the student’s records to be released, if you desire a copy at reproduction cost.   

 

NOTICE TO PARENTS AND STUDENTS OF RIGHTS UNDER THE

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Under the provisions of the Family Educational Rights and Privacy Act (FERPA) parents of students and eligible students (those who are 18 or older) are afforded various rights with regard to educational records, which are kept and maintained by USD #294.  In accordance with FERPA, you are required to be notified of those rights which include:

1.      The right to review and inspect all of your educational records, except those whose are specifically exempted.

2.      The right to prevent disclosure of personally identifiable information contained in your educational records to other persons with certain limited exceptions.  Disclosure of information from your educational records to others persons will occur only if:

a.      we have prior written consent for disclosure;

b.     the information is considered “directory information” and you have not objected to the release of such information; or

       c.     disclosure without consent is permitted by law.

3.      The right to request that your educational records be amended if you believe that the records are misleading, inaccurate, or otherwise in violation of your rights.  This right includes the right to request a hearing at which you may present evidence to show why the record should be changed if your request for an amendment to your records is denied in the first instance.

4.      The right to file a complaint with the Family Policy and Regulations Office at the U.S. Department of Education if you believe that USD #294 has failed to comply with FERPA’s requirements.  The address of this office is:

         400 Maryland Avenue SW, MES, Room 4074, Washington, D.C.  20202.

                  You have the right to obtain a copy of USD #294’s policies for complying with FERPA.  A copy may be obtained from:  Mr. Dorshorst, 131 East Commercial, Oberlin, KS  67749.

For purposes of FERPA, USD #294 has designated certain information contained in educational records as directory information, which may be disclosed for any purpose without your consent.  The following information is considered directory information:  name, address, telephone number, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previously attended school, class designation, major field of study, and photographs.

You have a right to refuse to permit the designation of any or all of the above information as directory information.  If you refuse, you must file written notification to this effect to:  USD #294, 131 East Commercial, Oberlin, KS  67749.  If a refusal is not filed, USD #294 assumes that there is no objection to the release of the directory information designated.

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