The Family Educational Rights and Privacy Act (“FERPA”) afford parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:
1.
The right to
inspect and review the student’s education records within 45 days of the day
M.S.A.D. #41 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 the student’s education records that the parent or eligible student believes are inaccurate or misleading.
Parents or eligible students may
ask M.S.A.D. #41 to amend a record that they believe is inaccurate or
misleading. They should write the school
principal or superintendent, clearly identify the part of the record they want
changed, and specify why it is inaccurate or misleading.
If M.S.A.D. #41 decides not to
amend the record as requested by the parent or
eligible student, M.S.A.D #41 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.
3. The right to consent to disclosure 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 educational interests. A school official is a person employed by the school unit 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 school unit 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.
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.
Upon request, M.S.A.D. #41 discloses education records, including special education records, without consent to officials of another school district in which a student seeks or intends to enroll. A copy of all the student’s education records must be sent to any school administrative unit to which a student applies for transfer.
File: JRA-E
4.
The right to
file a complaint with the U.S. Department of Education concerning alleged
failures by M.S.A.D. #41 to comply with the requirements of FERPA is:
5.
The M.S.A.D.
#41 may make public at its discretion personally identifiable information from
the education records of a student without parental consent if that information
has been designated as directory information by the school. This school unit has designated the following
information as directory information:
M.S.A.D. #41 designates the following information about students as
directory information: name, the
student’s participation in officially recognized activities and sports, height
and weight of student athletes and grade level in school of students in
extracurricular activities, date of attendance at M.S.A.D. #41 schools, and
honors and awards received.
Such information will not be disclosed if the parent of the student or an eligible student informs the school unit in writing by July 1 for the upcoming school year or within 30 days after enrollment, whichever is later, that such information is not to be designated as directory information with respect to that student. Any such notice should be sent to the Superintendent of Schools at the following address:
Under Maine law, M.S.A.D. #41 shall not publish on the Internet without written parental consent any information, whether directory or otherwise, that identifies a student including but not limited to the student’s full name, photograph, personal biography, e-mail address, home address, date of birth, social security number and parents’ name.
References: 34 C.F.R. § 99.7
Federal
Register, Vol. 61, No. 226, at 59297 (
20-A
M.R.S.A. § 6001
First
Adopted: