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. § 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