FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT – FERPA
What rights do parents and eligible students have over education records and directory information under FERPA?
Annual Notification to Parents/Guardians Regarding Confidentiality of Student Education Records
FERPA Rights: The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA gives parents/guardians certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
- Parents/guardians or eligible students have the right to inspect and review the student's education records maintained by the school within 45 days of a request made to the school administrator. Schools are not required to provide copies of records unless it is impossible for parents/guardians or eligible students to review the records without copies. Schools may charge a fee for copies.
- Parents/guardians or eligible students have the right to request in writing that a school correct records that they believe to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. The parental request should clearly identify the part of the records they want to be changed and why it should be changed. If the school decides not to amend the record, the parent/guardian or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent/guardian or eligible student has the right to place a statement with the record, setting forth their view about the contested information.
- Generally, schools must have written permission from the parent/guardian or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions: school officials with legitimate educational interests (a school official is a person employed or contracted by the school to serve as an administrator, supervisor, teacher, or support staff member, including health staff, law enforcement personnel, attorney, auditor, or other similar roles, and it may also include volunteers under certain circumstances); a person serving on the school board; or a parent or student serving on an official committee or assisting another school official in performing his or her tasks; other schools in which a student is seeking to enroll; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies for or on behalf of the school; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health and safety emergencies; and state and local authorities within a juvenile justice system, pursuant to specific state law. In this context, a legitimate educational interest means the review of records is necessary to fulfill a professional responsibility for the school.
Directory Information
Schools may disclose, without consent, “directory” information that has been specifically identified as such, unless notified by the parent/guardian or eligible student that the school is not to disclose the information without consent.
LTS has adopted a limited directory information policy, under which directory information will be disclosed only for the following specific purposes or to the following specific parties:
LTS has identified student name, grade, homeroom class, student photographs, honors and awards received, student ID number, home phone number, parent/guardian name, and parent/guardian email address as directory information.
This directory information may only be utilized for
- student and parent contact information, such as school/class directories, but only to school staff, parents/guardians of current students, and school-recognized parent-teacher organizations;
- school publications, including newsletters, honor roll or other awards, or recognitions lists;
- graduation programs; and
- school-sponsored extracurricular programs, such as concert programs.
Except as otherwise necessary to fulfill one or more of the permissible purposes above, directory information will not be disclosed to parties seeking to use directory information for commercial purposes.
In addition, two federal laws require schools receiving certain federal funding to provide military recruiters, upon request, with students’ names, addresses, and telephone listings, unless parents/guardians have advised the school that they do not want their student’s information disclosed without their prior written consent.
Parents/guardians wishing to opt out of the release of their student’s directory information, as set forth above, must do so in writing (see address below). Or, to update your student’s records, please visit the school’s front office.
Contact information to opt out:
Legacy Compliance Department
3125 South Gilbert Road, Chandler, AZ 85286
Phone: (480) 270-5438