Federal Family Education Rights and Privacy Act (FERPA) Issues
NOTE: The following are the federal act, plus the New Haven Community Schools policy and directions, in regards to certain rights with respect to a student’s education records. The federal act identifies students’ rights. The district policy explains how the act is applied locally. The directions explain how a student may proceed locally under the federal act.

Official Federal Family Education Rights and Privacy Act (FERPA)The Family Education Rights and Privacy Act(FERPA affords parents and students over 18 years of age certain rights with respect to the student’s education records. They are:

The right to inspect and review the student’s education records within 45 days from the day the district receives a request for access.

Parents or eligible students should submit to the Superintendent of Schools a written request that identifies the record(s) they wish to inspect. The Superintendent will make arrangements for access and notify the parent(s) or eligible student of the time and place where the records may be inspected.

The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.

Parents or eligible students may ask New Haven Community Schools to amend a record that they believe is inaccurate or misleading.

If the district decides not to amend the records as requested by the parent or eligible student, the district 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.

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 education interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including heath or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district 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.

Schools must disclose personally identifiable information from a student’s education record, without parental consent, to a child welfare agency or a tribal organization if: (1) the welfare agency or tribal organization is legally responsible for the student’s care and protection, and (2) the welfare agency or tribal organization will not re-disclose the personally identifiable information except to an individual or entity engaged in addressing the student’s educational needs.

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.

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 DC 20202-4605.

New Haven Community Schools

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FERPA

New Haven Schools Family Education Rights and Privacy Act/Directory Information Policy

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