FERPA

Family Educational Rights and Privacy Act (FERPA)

ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. ยง 1232g; 34 CFR Part 99) provides certain rights to parents and eligible students (18 years of age or older) with respect to the student's education records.

A. Inspection of Records

Parents/eligible students may inspect and review the student's education records within 45 days of making a

request. Such requests must be submitted to the Superintendent or building administrator in writing and must

identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/eligible

student of the time and place where the record(s) may be inspected in the presence of school staff. Parents/eligible

students may obtain copies of education records at a cost of ten cents ($.10) per page.

B. Amendment of Records

Parents/eligible students may ask the York School Department to amend education records they believe are

inaccurate, misleading or in violation of the student's right to privacy. Such requests must be submitted to

the Superintendent or building administrator in writing, clearly identify the part of the record they want

changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator

decides not to amend the record as requested, the parent/eligible student will be notified of the decision,

their right to request a hearing, and information about the hearing procedure.

C. Disclosure of Records

The York School Department must obtain a parent/eligible student's written consent prior to disclosure of

personally identifiable information in education records except in circumstances as permitted by law or

regulations as summarized below.

1. Directory Information

The York School Department designates the following student information as directory information that may

be made public at its discretion: name, participation and grade level of students in officially recognized

activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors

and awards received, and photographs and videos relating to school attendance and participation in school

activities (except photographs and videos on the internet). Parents/eligible students who do not want the

York School Department to disclose directory information must notify the Superintendent in writing by

September 30th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in

effect unless and until it is rescinded by the parent/eligible student.

2. Military Recruiters/Institutions of Higher Education

Military recruiters and institutions of higher education are entitled to receive the names, addresses and

telephone numbers of secondary students and the York School Department must comply with any such

request, provided that parents have been notified of their right to request that this information not be

released without their prior written consent. Parents/eligible students who do not want the York School

Department to disclose this information without their prior written consent must notify the Superintendent

in writing by September 30th or within thirty (30) days of enrollment, whichever is later.

3. School Officials with Legitimate Educational Interests

Education records may be disclosed to school officials with a "legitimate educational interest." A school

official has a legitimate educational interest if he/she needs to review an education record in order to

fulfill his/her professional responsibility. School officials include persons employed by the York School

Department as an administrator, supervisor, instructor, or support staff member (including health or

medical staff and law enforcement unit personnel); members of the School Committee; persons or

companies with whom the York School Department has contracted to provide specific services (such

as attorneys, auditors, medical consultants, evaluators, or therapists); volunteers who are under the

direct control of the School Department with regard to educational records.

4. Health or Safety Emergencies

In accordance with federal regulations, the York School Department may disclose education records

in a health or safety emergency to any person whose knowledge of the information is necessary to

protect the health or safety of the student or other individuals without prior written consent.

5. Other School Units

As required by Maine law, the York School Department sends student education records to a school

unit to which a student applies for transfer, including disciplinary records, attendance records,

special education records and health records (except for confidential health records for which consent

for dissemination has not been obtained).

6. Other Entities/Individuals

Education records may be disclosed to other entities and individuals as specifically permitted by

law. Parents/eligible students may obtain information about other exceptions to the written consent

requirement by request to the Superintendent or building administrator.

D. Complaints Regarding School Department Compliance with FERPA

Parents/eligible students who believe that the York School Department has not complied with the

requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The

office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202