Notice of Rights Under the Family Educational Rights and Privacy Act (FERPA)
FERPA affords parents/guardians/caregivers and students over eighteen (18) years of age (“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 forty-five (45) days from the day the school receives a request for access. Parents/guardians or eligible students should submit to the school principal/head of upper school a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent/guardian/caregiver or eligible student of the time and place where the records may be inspected.
The right to request the amendment of the student’s education records that the parent/guardian/caregiver or eligible student believes are inaccurate or misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents/guardians or eligible students who wish to ask the school to amend a record should write the school principal/head of upper school, 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/guardian/caregiver or eligible student, the school will notify the parent/guardian/caregiver or eligible student of the decision and advise them of their right to a hearing regarding the request for the amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian/caregiver or eligible student when notified of the right to a hearing.
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. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); or a person serving on the School Committee. A school official also may include a volunteer or contractor outside of the school who 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/guardian/caregiver or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent/guardian/caregiver, student or other volunteer assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.
Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
The right to file a complaint with the United States 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, D.C. 20202-5920
Phone: 800.USA.LEARN (800.872.5327)
FERPA permits the disclosure of PII from students’ education records, without consent of the parent/guardian/caregiver or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent/guardian/caregiver or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents/guardians/caregivers and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents/guardians/caregivers or the eligible student:
To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, vendors that provide online and cloud-based instructional applications that are used with students or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent/guardian/caregiver or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
To parents/guardians/caregivers of an eligible student if the student is a dependent for IRS tax purposes. (99.31(a)(8))
To comply with a judicial order or lawfully issued subpoena. (99.31(a)(9))
To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
It is information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
To an agency caseworker or other representative of a State or local child welfare agency or tribunal organization who is authorized to access a student's case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 U.S.C. §1232g(b)(1)(L))
To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 U.S.C. § 1232g(b)(1)(K))
Student Data and Online Instructional Applications:
NRSD may share student data with vendors that provide online instructional applications that are used with students, which is an institutional function or service, but only when the vendor signs a student data privacy agreement with the school district or if an express written consent form has been signed by the parents/guardians/caregivers of the student. A list of approved online instructional resources can be found HERE. In addition, NRSD is also affiliated with various organizations that have not signed the privacy allicance agreement. These include: