Family Educational Rights and Privacy Act (FERPA)
Model Notice for Directory Information
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the East Greenbush 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 East Greenbush Central 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 East Greenbush 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 awards programs
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. (1)
If you do not want the East Greenbush Central School District to disclose directory information from your child's education record without your prior written consent, you must notify the District in writing by November 1st. The East Greenbush Central School District has designated the following information as directory information: (Note: an LEA may, but does not have to, include all the information listed below.)
- Students name
- Address
- Telephone listing
- Electronic mail address
- Photograph
- Date and place of birth
- Major field of study
- Dates of attendance
- Grade level
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- Degrees, honors, and awards received
- The most recent educational agency or institution attended
(1) These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 u.s.c. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation's armed forces.
Model 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 students 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.
- Receive notice and an opportunity to opt a student out of -
1. Any other protected information servey, 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 distriugtion purposes; and
3. Instructional material used a spart 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 East Greenbush Central School District has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student sprovacy in the administration of protected information serveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The East Greenbush 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 East Greenbush 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 noted below and will provide an opportunity for the partn to opt his or her child out of participation of the specific activity or survey. The East Greenbush School District will make this notification to parents at the beginning of the school year if the District has indentified 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 ther 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, DC 20202-5920
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