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:
- The right to inspect and review the student’s education records within 45 days after the date the LEA (Local Education Agency) receives a written request for access, or before any due process hearing or IEP team meeting, whichever is sooner. Parents or eligible students should submit to the appropriate LEA official a written request that identifies the records they wish to inspect. The LEA official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. If, upon inspection, a parent or eligible student requests copies of such records, a fee may be charged.
- 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 LEA to amend a record should write the appropriate LEA official, clearly identify the part of the record they want changed, and specify why it should be changed. If the LEA decides not to amend the record as requested by the parent or eligible student, the LEA 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.
- The right to provide written consent before the LEA 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 LEA officials with legitimate educational interests. An LEA official is a person employed by the LEA as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a school board member sitting in executive session in consideration of matters concerning a student upon which the school board may act. An LEA official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the LEA would otherwise use its own employees and who is under the direct control of the LEA with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist. An LEA official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the LEA discloses education records without consent to officials of another LEA in which a student seeks or intends to enroll, or is already enrolled, or receives services, if the disclosure is for purposes of the student’s enrollment or transfer. [NOTE: FERPA requires an LEA to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]
- 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