Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), and the regulations implementing these acts, govern the release of personally identifiable information by SSD.
FERPA provides privacy safeguards to parents, legal guardians and students. FERPA forbids the release of a student’s records or personally identifiable information to unauthorized persons, but does not bar the disclosure of “directory information.”

The IDEA incorporates the provisions of FERPA. In addition to the protections afforded by FERPA, the IDEA prohibits a school district from releasing information to unauthorized persons regarding a student’s disability, or the fact that a student is disabled, without the consent of the student’s parent or guardian.

As a special education agency, the additional confidentiality requirements of IDEA restrict SSD from acting upon the directory information provision of FERPA, unless required by law, because any release of student information could be construed as identifying a student with an educational disability. Therefore, SSD will deny requests for any student information without authorization of the parent, legal guardian, or majority age student.

Both FERPA and IDEA permit the release of educational information to public school districts in which the student is enrolled or intends to enroll without parent consent. The receiving school district is bound by the same confidentiality requirements under these laws. For students receiving special education services in a local school district building, the release of directory information by the local district can be prohibited through notification to that district.

FERPA affords parents and students 18 or older certain rights with respect to the student’s educational records. They are:

• The right to inspect and review the student’s educational records within 45 days of the day the district receives a request for access. The written request for records should be submitted to the SSD Manager of Student Records.
• The right to request amendment of the student’s education records that the parent or student believes is inaccurate or misleading. If the district decides not to amend the record as requested, the parent or student will be notified 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 when notified of the right to a hearing. The written request for an amendment should be made to the Special School District Compliance Liaison.
• 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 that permits disclosure without consent is disclosure to school officials with legitimate education interests. School staff have legitimate educational interest if they need to review an education record in order to perform their professional responsibilities. The district has determined that the Voluntary Interdistrict Choice Corporation (VICC) and its officers, employees and agents are school officials with legitimate educational interest because they act for and on behalf of SSD with respect to transfer students and the transfer program, and because they seek to advance the interests of both. A transfer student’s attendance records and other education records relevant to the student’s participation in the program or to the program itself may accordingly be disclosed to VICC without obtaining written consent. Upon request, SSD discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington D.C. 20202.

In compliance with FERPA and state laws regarding the retention of records, test protocol booklets will only be maintained for three years.

If the parent/guardian or eligible student would like test protocol booklets maintained, SSD must be notified in writing prior to Dec. 1, 2011.

All requests will be honored by the district. Written notification should be addressed to Special School District, Student Records Department, 12110 Clayton Road, Town & Country, MO 63131.

FERPA requires that SSD, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, SSD may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow SSD to include this type of information from your child’s education records in certain school publications. Examples include:

• a playbill, showing your student’s role in a drama production
• the annual yearbook
• honor roll or other recognition lists
• graduation programs
• sports activity sheets, such as for wrestling, showing weight and height of team members

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.

If you do not want SSD to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by the deadine date designated by the school. SSD has designated the following information as directory information: [Note: an LEA may, but does not have to, include all the information listed below.]

• student’s name
• participation in officially recognized activities and sports
• address
• telephone listing
• weight and height of members of athletic teams
• electronic mail address
• photograph
• degrees, honors, and awards received
• date and place of birth
• major field of study
• dates of attendance
• grade level
• the most recent educational agency or institution attended

 Questions concerning release of student information, student records, or rights should be directed to Ms. Lee Andrews, Compliance Liaison, 12110 Clayton Road, Town & Country, MO 63131 or call 314.989.8143.

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