The Family Education Rights and Privacy Act
The Family Education Rights and Privacy Act (FERPA) affords parent and students over 18 years of age (eligible students only) certain rights with respect to the student's education records. They are:1. The right to review the student's education records within 45 days of the day the District receives a request for access.Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.2. The right to request the amendment of a student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.Parents or eligible students who wish to ask the Nazareth Area School District to amend a record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed.
If the District does not 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 of the 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.3. The right to privacy of personally identifiable information 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 educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the District has outsourced services or functions it would otherwise use its won employees to perform (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 a parent, student, or other volunteer assisting another school official in performing his or her tasks.
A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the District discloses education records without consent to officials of another school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure if for purposes of the student's enrollment or transfer.4. The right to refuse the designation of any or all the categories of directory information.The District is permitted by law to disclose directory information without the written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the disclosures of any or all directory information if a written refusal is forwarded to the building principal no later than September 15th of the current school year.
Upon request, the District discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
"Directory information" may be disclosed without consent unless the parent or eligible student requests that the information not be disclosed. "Directory information" includes the student's name, address, telephone number; date and place of birth; program; dates of attendance; participation in recognized activities and sports; weight and height of members of athletic teams; degrees, certificates, and awards received; and the most recent previous educational agency or institution attended by the student.5. 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 are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Additionally, Section 4155 of the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C.§ 7165 as amended by the NCLB, requires the transfer of disciplinary records, with respect to a suspension or expulsion, by the school district, to any private, or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis.
Section 9528 of the ESEA, 20 U.S.C. § 7908, as amended by the NCLB, and 10 U.S.C. 503, as amended by § 544 of the National Defense Authorization Act for Fiscal Year 2002 (Pub.L.No. 107-107), require the school district to:• give military recruiters the same access to secondary school students as provided to postsecondary institutions or to prospective employers; and• provide students' names, addresses, and telephone listings to military recruiters, when requested, unless a parent has opted out of providing such information. (Military Recruiter Guidance is on FPCO Website.)
Family Educational Rights and Privacy Act (FERPA)
Notice for Directory Information
Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the Nazareth Area School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, the Nazareth Area School District may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Nazareth Area School District to include this type of information from your child’s education records in certain school publications. Examples include:• A playbill, showing your student’s role in a drama production;• The annual yearbook;• Honor roll or other recognition lists;• Graduation programs; and• Sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the
Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.*
Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:• Consent before students are required to submit to a survey that concerns one or more of the following protected areas ("protected information survey") if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)-1. Political affiliations or beliefs of the student or student’s parent;2. Mental or psychological problems of the student or student’s family;3. Sex behavior or attitudes;4. Illegal, anti-social, self-incriminating, or demeaning behavior;5. Critical appraisals of others with whom respondents have close family relationships;6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;7. Religious practices, affiliations, or beliefs of the student or parents; or8. Income, other than as required by law to determine program eligibility.
• Receive notice and an opportunity to opt a student out of
1. Any other protected information survey, regardless of funding;
2. 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
3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
Inspect, upon request and before administration or use –
1. Protected information surveys of students;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.
These rights transfer to from the parents to a student who is 18 years old or an emancipated minor under State law.
The Nazareth Area School District has developed policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The Nazareth Area School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. The Nazareth Area School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. The Nazareth Area School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
• Collection, disclosure, or use of personal information for marketing, sales or other distribution.
• Administration of any protected information survey not funded in whole or in part by ED.
• Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
PPRA Notice and Consent/Opt-Out for Specific Activities
The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, requires the Nazareth Area School District to notify you and obtain consent or allow you to opt your child out of participating in certain school activities. These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas ("protected information surveys"):
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income, other than as required by law to determine program eligibility.
This requirement also applies to the collection, disclosure or use of student information for marketing purposes ("marketing surveys"), and certain physical exams and screenings.
For surveys and activities scheduled after the school year starts, the Nazareth Area School District will provide parents, within a reasonable period of time prior to the administration of the surveys and activities, notification of the surveys and activities and be provided an opportunity to opt their child out, as well as an opportunity to review the surveys. (Please note that this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under State law.)