Family Educational Rights & Privacy Acts (FERPA)

Scholar Education Records

The Family Educational Rights and Privacy Acts (FERPA) and equivalent state law affords Parent(s)/Guardian(s) and eighteen (18) year-olds or other independent scholars (eligible scholars) certain rights with respect to a scholar’s education records. They are: 

1. The right to inspect and copy the scholar’s education records within thirty (30) school days of the day the District receives a request for access. Parent(s)/Guardian(s) or scholars should submit to the school custodian of scholar records a written request that identifies the record(s) they wish to inspect. The custodian will arrange for access and notify the Parent(s)/ Guardian(s) or eligible scholar of the time and place where the records may be inspected
2. The right to request the amendment of a scholar’s education records that the Parent(s)/Guardian(s) or eligible scholar believes are inaccurate, misleading or an invasion of privacy. Parent(s)/Guardian(s) or eligible scholars may ask the District to amend a record that they believe is inaccurate, misleading, or an invasion of privacy. They should write the School Principal or records custodian, clearly identify the part of the record they want changed, and specify the reason. The right to challenge school scholar records does not apply to: (1) academic grades of their child, and (2) references to expulsions or out-of-school/program suspensions, if the challenge is made at the time the scholar’s school scholar records are forwarded to another school to which the scholar is transferring. If the District decides not to amend the record as requested by the Parent(s)/Guardian(s) or eligible scholars the District will notify the Parent(s)/Guardian(s) or eligible scholar of the decision and advise him/her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the Parent(s)/Guardian(s) or eligible scholar when notified of the right to a hearing
3. The right to permit disclosures of personally identifiable information contained in the scholar’s education records, except to the extent that FERPA or Michigan law authorizes disclosure without consent.
4. The right to be informed that, pursuant to federal law and state mandate, records of suspension or expulsion action against the scholar are considered to be a part of the “scholar record” and the District is required to transfer those records pertaining to suspension or expulsion to any public or private school in which the scholar has enrolled within thirty (30) days of the date of the request from the other school period
5. The right to be informed that disclosure is permitted without consent to School Officials with legitimate educational or administrative interests. A School Official is defined as, and includes all of the following:
   • 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 Board
   • A person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist)
   • The Parent(s)/Guardian(s) or scholar serving on an official committee, such as disciplinary or grievance committee, or assisting another School Official in performing his/her tasks 

Personally identifiable information shall also be provided to review teams in accordance with appropriate building protocol. These include (but are not limited to): a Scholar Success Team convened in a school building or Community & Student Services. Teams may include individuals employed by community support agencies who provide professional services such as social, emotional, mental or physical health services to a scholar or a scholar’s family. However, these community support agencies shall only have access to limited information relevant to the specific services provided and limited to the specific scholars with whom they are involved A School Official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.

1. The right to know that, upon request, the District discloses education records, including records of suspension or expulsion action against the scholar, without consent to officials of another school district in which a scholar has enrolled or intends to enroll as well as to person(s) specifically required or allowed by state or federal law
2. The right to know that disclosure is also permitted without consent to: any person for research, statistical reporting, or planning, if no scholar or Parent(s)/Guardian(s) can be identified; any person named in a court order; and appropriate persons if the knowledge of such information is necessary to protect the health or safety of the scholar or other persons
3. The right to prohibit the release of Directory information concerning the Parent(s)/Guardian(s) child. Throughout the school year, the District may release Directory information regarding scholars, limited to:
   • Name
   • Picture
   • Grade level
   • Academic awards, degrees and honors
   • Information in relation to school sponsored activities, organizations and athletics
   • Major field of study 

The name and address of the office that administers FERPA is: 
Family Policy Compliance Office 
U.S. Department of Education 
Washington DC 20202-4605 

Any Parent(s)/Guardian(s) or eligible scholar may prohibit the release of any or all of the above information by delivering a written objection to the Principal (or designee) within thirty (30) days of the date of this notice. No Directory information will be released within this time period, unless the Parent(s)/ Guardian(s) or eligible scholar are specifically informed otherwise. 

Under no circumstances may parents photograph other scholars while on school property without the expressed written permission of the principal, the scholar’s Parent(s)/Guardian(s), or the Assistant Superintendent or Executive Director of Schools. 

FERPA & COVID-19

Scholar health records may be disclosed without parental consent, to public health officials who need the information to protect the health and safety of scholars, if, after taking into account the totality of the circumstances, the District determines that an articulable and significant threat exists to the health or safety of a scholar or employee in attendance) as a result of the virus that causes COVID-19. In addition, if the district learns that a scholar is out sick due to Covid-19, it may disclose personally non-identifiable information to parents, scholars, and employees in the school environment without parental consent. Personally identifiable information will not be provided to the media.