APPENDIX A - Annual Notification of Parent/Student Rights, Family Educational Rights and Privacy Act (FERPA), Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:
1. The right to inspect and review the student’s education records within 30 days of the day Resilience Charter School (RCS) receives a request for access. Parents of eligible students should submit to the Instructional Director a written request that identifies the record(s) they wish to inspect. Arrangements will be made for access and the parent or eligible student will be notified 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 is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students may ask RCS to amend a record that they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA by submitting a request, in writing, to the Director. The written request must clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or a violation of the student’s privacy rights under FERPA. If RCS decides not to amend the record as requested by the parent or eligible student, RCS will notify the parent or eligible student of the decision and advise them 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 consent to disclosures of personally identifiable information contained in 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 Alachua School District and law enforcement and child welfare agencies. A school official is a person employed by RCS as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person or company with whom RCS has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Provisions of the No Child Left Behind Act and FERPA require school districts to release certain directory information of 11th and 12th grade high school students to military recruiters without a parent’s prior consent. Directory information includes student names, addresses, and telephone listings. Under these Federal laws, parents who do not want directory information released without their permission must provide written notification to the school within 30 days of the start of school.
Upon request, RCS discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
The following is designated directory information: student’s name; parent’s/guardian’s name; address; telephone listing; student electronic mail address; parent’s/guardian’s electronic mail address; student photograph; date and place of birth; major field of study; grade level; enrollment status; dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; most recent educational agency or institution attended. Examples include but are not limited to a play bill showing your child’s role in a production; the yearbook; the honor roll or recognition lists; graduation programs; sports activity sheets (e.g. football game program showing weight/height of team members); photographs and videotapes or digital recordings.
Parents and students have the right to refuse to permit the designation of any directory information. A parent or student who chooses to have any or all directory information not disclosed must file an annual written notification at the school’s office within thirty (30) calendar days after the beginning of school or within thirty (30) calendar days after admission, whichever is last.
4. A parent or eligible student has the right to file a written complaint with the Family Policy Compliance Office (U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-5920) if it is believed that a violation of the act has occurred.
These laws are Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill; and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L.) 107-107, the legislation that provides funding for the nation’s armed forces.