NOTIFICATION OF RIGHTS UNDER FERPA FOR SCHOOLS

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records. These rights are:

1. The right to have the District notify you annually of your rights (this document);

2. The right to inspect and review the student's education records within 45 days after the day the District receives a request for access;

Parents or eligible students who wish to inspect their child’s or their education records should submit to the Superintendent a written request that identifies the records they wish to inspect.  The Superintendent or designee shall make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected;

3. The right to request the amendment of the 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 District to amend their child’s or their education records should write the Superintendent, clearly identify the part of the record they want changed and specify why it should be changed.  If the Superintendent or designee decides not to amend the record as requested by the parent or eligible student, they will notify the parent or eligible student of the decision and 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;

4. The right to provide written consent before the District discloses personally identifiable information (PII) from 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) a person employed by the school as an administrator, supervisor, instructor, or support staff member, b) school board members, or c) contractors, consultants, volunteers, service providers, or other party with whom the school or District has outsourced institutional services or functions for which the school or District would otherwise use employees (examples include, but are not limited to, school resource officers, interns, student teachers, the district’s attorney, PowerSchool, SLDS, learning management software, hot lunch tracking software, and district alert systems). Upon request, the District may disclose 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 is for purposes of the student’s enrollment or transfer; and[1]

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:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

Disclosure of PII without Consent

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the District to record the disclosure.  Parents and eligible students have a right to inspect and review the record of disclosures.  The District may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student:

1. To other school officials, as defined in #4 above, that the District has determined to have legitimate educational interests.  This may include contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1));

2. To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34.  (§99.31(a)(2));

3. To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA).  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35);

4. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.  (§99.31(a)(4));

5. To state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5));

6. To organizations conducting studies for, or on behalf of, the District, in order to:  develop, validate, or administer predictive tests; administer student aid programs; or improve instruction.  (§99.31(a)(6));

7.  To accrediting organizations to carry out their accrediting functions.  (§99.31(a)(7));

8.  To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8));

9.  To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))

10. To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10);

11.  Information the District has designated as “directory information” under §99.37.  (§99.31(a)(11));

12.  To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement.  (20 U.S.C. § 1232g(b)(1)(L)); or

13. To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions.  (20 U.S.C. § 1232g(b)(1)(K))

End of Williston Basin School District #7............................... Administrative Exhibit FGA-E2

11/03/2023