FAMILY EDUCATION RIGHTS AND PRIVACY ACT & DIRECTORY INFORMATION

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records which include:

· The right to inspect and review student's education records within 45 days of the day the district receives a request for access. Parents may also request an amendment of records they feel are inaccurate or misleading. Parents or eligible students must submit to the school principal or special education director a written request that identifies the record(s) they wish to inspect or any record they wish to have amended including the specific reason for the request. The administrator will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. If the district decides not to amend the record 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; and

· The right to consent to disclosures of personally identifiable information contained in the student's educational records, except to the extent that FERPA authorizes disclosure without consent. Parental consent is no required for disclosure to school officials with legitimate educational interest (administrators, instructors, or support staff including health/medical staff and law enforcement personnel); or a parent or student serving on the School Board; a person or company with whom the district has contracted to perform a special task (attorney, auditor, medical consultant, therapist, etc.); parent or student serving on an official committee (such as a disciplinary or grievance committee), or to officials of another school district in which a student seeks to enroll without parental consent.

Custer School District’s Policy allows disclosure of Directory Information for the purpose of including the information in school publications.  The district defines this information as the student’s name, participation in officially recognized activities and sports, weight and height of members of athletic teams, and the student’s grade level.  Parents may deny the disclosure of such information by making a written request to the school principal or special education director.

The National Defense Authorization Act for Fiscal Year 2002 requires districts to provide military recruiters the same access to secondary school students as provided to postsecondary institutions or to prospective employers and to provide student’s names, addresses, and telephone listings when requested, unless a parent has opted out of providing such information.

Parents and eligible students have 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

PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)

PPRA affords parents or students over 18 years of age ("eligible students") certain rights regarding the district conducting surveys, collecting and using information for marketing purposes, and requiring certain physical exams.  The rights include:

Consent before students are required to submit to a survey (if the survey is partially or fully funded by USDE funds) that includes responses regarding:

· Political affiliations or beliefs of the student or student’s parents;

· Mental or psychological problems of the students or student’s family;

· Sexual behavior or attitudes;

· Illegal, anti-social, self-incriminating, or demeaning behavior;

· Critical appraisals of others with whom respondents have close family relationships;

· Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;

· Religious practices, affiliations, or beliefs of the student or parents; or

· Income, other than is required by law to determine program eligibility;

Notice and an opportunity to opt a student out of

· Any other protected information survey, regardless of funding;

· Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law; and

· Activities involving the collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others; and

Right to inspect, upon request and before administration or use of,

· Protected information surveys of students;

· Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and

· Instructional material used as part of the educational curriculum.

Custer School District, using the most appropriate method, will notify parents of students who are schedule to participate in specific activities or surveys and will provide an opportunity for the parent to opt his or her child out of participation.  Parents will also be provided an opportunity to review any pertinent surveys.

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