FERPA Annual Notification of Rights and Designation of Directory Information

A. Notice of Rights

The Family Educational Rights and Privacy Act ("FERPA") affords parents, students over 18years of age ("eligible students"), and parents of dependent students certain rights with respect to education records. Those rights include the following:

  1. Right to Inspect: A parent or eligible student has the right to inspect and review the student's education records maintained by the district within 45 days of the district's receipt of a written request for access. A parent or eligible student should submit to the school principal a written request that clearly identifies the record(s)he/she wishes to inspect. The principal will make arrangements for access and notify the parent or eligible student, in writing, of the time and place where the student's records may be inspected.

  2. Right to Request Amendment: A parent or eligible student has the right to request the amendment of the student's education record(s) that are believed to be inaccurate or misleading. A parent or eligible student may submit a written request for amendment to the school principal. This request should clearly identify the part of the record that the parent or eligible student wants changed and specify why it is inaccurate or misleading. If the record is not amended as requested, the district shall notify the parent or eligible student of the decision in writing and shall advise him/her of his/her right to a hearing on the request for amendment. Additional information on the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

  3. Right to Consent to Disclosure: A parent or eligible student has the right to consent to disclosures of personally identifiable information contained in the student's education record, 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 district in an administrative, supervisory, academic or research, or support staff position, including law enforcement unit personnel and health staff; a person or company with whom the district has contracted to perform a special task, such as an attorney, auditor, medical consultant or therapist; a person serving on the school board; 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/her tasks. A school official has a legitimate educational interest if he/she needs to review an education record to fulfill his/her professional responsibilities. Upon request, the district discloses education records, including disciplinary records, without consent to officials of other schools in which students seek or intend to enroll. Disclosure without consent may be made in case of emergency as determined by the district or to report crimes occurring at school or involving the school or its personnel.

  4. Right to Complain: A parent or eligible student has the right to file a timely complaint with the U.S. Department of Education concerning alleged failures by the district to comply with FERPA requirements. Complaints should be directed to:

Family Policy Compliance Office

U.S. Department of Education

400Maryland Avenue, S.W.

Washington,DC 20202-4605

B. Directory Information

Under FERPA, the district is authorized to designate certain personally identifiable information contained in education records as "directory" information and to disclose such information without prior consent unless a student objects to such disclosure. The district designates the following personally identifiable information contained in a student's education record as directory information:

Student name, address, photograph, e-mail address, telephone number, date and place of birth, major field of study, grade level, participation in officially-recognized sports and activities, weight and height of athletic team members, dates of attendance, degrees, honors and awards received, and the most recent previous school attended.

Unless a parent or eligible student advises the district in writing within five days of receipt of this notice that he/she does not want some or all of this designated directory information released, school officials may release this information without prior consent. Written objections to the release of directory information should be submitted to the building principal of your school.

C. Military Recruiting Representatives

High school students and their parents/guardians may prevent disclosure of a student's name, address, and telephone number to military recruiting representatives (who can only use that information to provide information to students concerning educational and career opportunities available in the U.S.Armed Forces or service academies) by submitting a signed written request to that effect to:

Mrs. Michelle Asmus, Principal

Niles High School

1441 Eagle Street

Niles, MI 49120

D.  FERPA permits educational agencies and institutions to non-consensually disclose PII from education records in the form of contact information of absent students to the public health department in specific circumstances, such as in connection with a health or safety emergency  (20 U.S.C. § 1232g(b)(1)(I); 34 C.F.R. §§ 99.31(a)(10) and 99.36) or pursuant to other applicable exceptions. 

 

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