Annual FERPA Notification

The Family Educational Rights and Privacy Act (FERPA), a federal law administered by the Department (20 U.S.C. § 1232g; 34 CFR Part 99), affords parents and “eligible students” (students who are at least 18 years old, or, in attendance at a postsecondary institution at any age) certain rights with respect to education records, such as the right to consent to the disclosure of personally identifiable information (PII) from the education records (except in certain circumstances).

Educational Records:  “Education records” refers to records, files, documents and other materials which:

1. Contain information directly related to a student, including: state and national assessment results, including information on untested public school students; course taking and completion, credits earned and other transcript information; course grades and grade point average; date of birth, grade level and expected graduation date or graduation cohort; degree, diploma, credential attainment and other school exit information such as receipt of the GED and drop-out data; attendance and mobility; data required to calculate the Federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information; discipline reports limited to objective information sufficient to produce the Federal Title IV annual incident report; remediation; special education data; demographic data and program participation information; and

2. Are maintained by the school or school district or a person acting for the school or school district.

Personal Identifiable Information (PII):  Personal identifiable information (PII) includes, but is not limited to:

• The student’s name;

• The name of the student’s parent or other family members;

• The address of the student or student’s family;

• A personal identifier, such as a student ID number, or biometric record;

• Other indirect identifiers, such as student’s date of birth, place of birth, and mother’s maiden name;

• Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

• Information requested by a person who the school or school district reasonably believes knows the identity of the student or whom the education record relates.

Directory Information:  Directory information is information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. The types of personally identifiable information the school or school district has designated as directory information, but is not limited to:

• Student's name;

• Address;

• Telephone listing;

• Electronic mail address;

• Photograph;

• Grade level;

• Date of Birth;

• Major field of study;

• Enrollment status (e.g., undergraduate or graduate, full-time or part-time);

• Participation in officially recognized activities and sports;

• Dates of attendance;

• Weight and height of members of athletic teams;

• The most recent educational agency or institution attended;

• Degrees, honors, and awards received;

• Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user;

• A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user. 

LEA RESPONSIBILITIES

The school or school district shall:

• Annually notify parents and guardians of their rights to request student information;

• Annually notify parents and guardians of its definition of personally identifiable information;

• Annually notify parents and guardians of its definition of directory information;

• Adopt procedures to ensure security when providing student records to parents or guardians;

• Adopt procedures to ensure student records and data are provided only to authorized individuals; and

• Provide student records and data within forty-five (45) calendar days of a request.

The school shall not collect individual student data on a student’s;

• Political affiliation;

• Religion;

• Voting history;

• Firearms ownership.

The school or school district shall not collect individual student data on a student’s biometrics, analysis of facial expression, EEG brain wave patterns, skin conductance, galvanic skin response heart rate variability pulse, blood volume, posture, and eye-tracking, without written consent of the parent or student.

NOTICE FOR DIRECTORY INFORMATION

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Moore County Schools (MCS), with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, MCS may disclose appropriately designated “directory information” without written consent, unless you have advised the school to the contrary in accordance with MCS procedures. The primary purpose of directory information is to allow the school or school district to include this type of information in certain school publications.  Examples include, but are not limited to:

• 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 for football, basketball or wrestling, showing weight and height of team members.

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, now Federal laws require the school, because it receives assistance under the Elementary and Secondary Education Act of 1965 (ESEA), to provide military recruiters, upon request, with the following information- names, addresses and telephone listings-unless parents have advised the school that they do not want their student’s information disclosed without their prior written consent.

Annually, the school or school district must notify parents and students of information it will release as directory information, and of the parents right to exercise his/her right to advise the school that consent for release of such information is denied. The link to this policy is your notice.

NOTICE OF PARENTAL RIGHTS CONCERNING EDUCATION RECORDS

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 inspect and review the student's education records within 45 calendar days after the day the school or school district receives a request for access.

2. Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal or designated school official a written request that identifies the records they wish to inspect.  The school official will 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.

4. Parents or eligible students who wish to ask the school to amend their child’s or their education record should write to the school principal or designated school official, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school 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.

5. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without con­sent.

6. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  A school official includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board.  A school official may also include a volunteer,  contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, audi­tor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks.  A school official typically has a legitimate educational interest if the official needs to review an educa­tion record in order to fulfill his or her professional responsibility. 

7. Upon request, the school discloses education records without consent to officials of another school or 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. 

8. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

RESTRICTIONS ON DISCLOSURE OF EDUCATIONAL RECORDS

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 school to record the disclosure.  Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student under the following circumstances:

• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests.  This includes 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)(3) are met. (§ 99.31(a)(1))

• 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))

• 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 Department of Education (SEA) in trhe parent or eligible student's State.  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, if applicable requirements are met.  (§§ 99.31(a)(3) and 99.35)

• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as 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))

• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a 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))

• To organizations conducting studies for, or on behalf of, the school, in order to: (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction, if applicable requirements are met. (§ 99.31(a)(6))

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

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

• To comply with a judicial order or lawfully issued subpoena], if applicable requirements are met. (§ 99.31(a)(9))

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

• Information the LEA has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11))

• 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))

• 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))

The Elementary and Secondary Education Act (ESEA) as amended in Dec. 2015 by the Every Student Succeeds Act (ESSA) makes it clear that Congress expects local educational agencies (LEAs) and schools receiving federal funds to ensure that parents are actively involved and knowledgeable about their schools and their children’s education. The law requires schools to give parents many different kinds of information and notices in a uniform and understandable format and, to the extent practicable, in a language that the parents can understand. Listed below are some of these required notices that must be made to parents by school districts or individual public schools.

Teacher Qualifications and Highly Effective Teachers

At the beginning of each year, an LEA shall notify parents that they may request, and the LEA will provide, information regarding whether professionals are highly effective, including the qualifications of the student’s teachers and paraprofessionals. This includes information about whether the student’s teacher:

1) has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;

2) is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived;

3) is teaching in the field of discipline not of the certification of the teacher; and

4) is teaching alongside paraprofessionals and, if so, the paraprofessional’s qualifications [ESSA § 1112(e)(1)(A)].

Student Privacy

Districts must give parents annual notice at the beginning of the school year of the specific or approximate dates during the school year when the following activities are scheduled or expected to be scheduled:

activities involving the collection, disclosure, or use of personal student information for the purpose of marketing or selling that information;

administration of surveys containing request for certain types of sensitive information; and

any nonemergency, invasive physical examination that is required as a condition of attendance, administered by the school, scheduled in advance, and not necessary to protect the immediate health and safety of student.

A district must develop and adopt policies regarding the rights of parents to inspect:

third-party surveys before they are administered or distributed to students;

measures to protect student privacy when surveys ask for certain sensitive information;

any instructional materials;

administration of physical examinations or screening of students;

collection, disclosure, or use of personal information from students for the purpose of marketing or selling that information; and

the parental right to inspect any instrument used to collect personal information before it is distributed to students.

Districts must give parents annual notice of an adoption or continued use of such policies and within a reasonable period of time after any substantive change in such policies [20 U.S.C. 1232g].

Public Release of Student Directory Information

Under the Family Education Rights and Privacy Act (FERPA), an LEA must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as “directory information,” includes such items as names, addresses, and telephone numbers and is information generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent’s right to request that the information not be disclosed without prior written consent.

Additionally, ESSA requires that parents be notified that the school routinely discloses names, addresses, and telephone numbers to military recruiters upon request, subject to a parent’s request not to disclose such information without written consent [§8025].

A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and ESSA. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so [20 U.S.C. 1232g] [ESEA §8025].

Military Recruiter Access to Student Information

Districts receiving federal education funds must notify parents of secondary school students that they have a right to request their child’s name, address, and telephone number not be released to a military recruiter without their prior written consent. Districts must comply with any such requests [ESEA §8528(a)(2)(B)].

Parent and Family Engagement

A district receiving Title I funds must develop jointly with, agree on with, and distribute to, parents and family members of participating children a written district-level parent and family engagement policy. Each school served under Title I must also develop jointly with, agree on with, and distribute to, parents and family members of participating children a written school-level parent and family engagement policy. If an individual school or district has a parent and family engagement policy that applies to all, it may amend the policy to meet the requirements under the ESEA [ESEA Title I, Part A, §1116(a)(2)] [20 U.S.C. §6318(b); (c)].

Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school [ESEA Title I, Part A, §1116(b)(1)].

Schools must:

hold at least one annual meeting for Title I parents;

offer a flexible number of meetings;

involve parents and families in an ongoing manner in the planning, review, and improvement of Title I programs;

provide Title I parents and families with timely information about the programs, a description and explanation of the curriculum, forms of academic assessment and expected levels of student proficiency;

if requested, provide opportunities for regular meetings to discuss decisions related to the education of their children; and develop a school-parent compact that outlines the responsibilities of each party for improved student academic achievement [ESEA Title I, Part A, §1116(c)].

Report Cards on Statewide Academic Assessment

Each school district that receives Title I, Part A funds must prepare and disseminate an annual report card. Generally, the state or district must include on its report card information about public schools related to student achievement, accountability, teacher qualifications and other required information, as well as any other information that the state or district deems relevant.

These report cards must be concise and presented in an understandable and uniform format accessible to persons with disabilities and, to the extent practicable, provided in a language that parents can understand. In Tennessee, these requirements are met through the state’s report card [ESEA Title I, Part A, §1111(h)(1) and (h)(2)].

Achievement on State Assessment

All schools must provide to parents, teachers, and principals the individual student interpretive, descriptive, and diagnostic reports, which allow specific academic needs to be understood and addressed, and include information on the student’s achievement on academic assessments aligned with state academic achievement standards [ESEA §1111(b)(2)(B)(x)].

National Assessment of Education Progress

Districts, schools, and students may voluntarily participate in the National Assessment of Educational Progress (NAEP). Parents of children selected to participate in any NAEP assessment must be informed before the assessment is administered that their child may be excused from participation for any reason, is not required to finish any assessment, and is not required to answer any test question. A district must make reasonable efforts to inform parents and the public about their right to access all assessment data (except personally identifiable information), questions, and current assessment instruments [ESEA Title VI, Part C, §411(c)(1); (d)(1)–(2))].

Schoolwide Programs

An eligible school operating a schoolwide program shall make the comprehensive plan available to the LEA, parents, and the public. The information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand [20 U.S.C. §6314][ESEA Title I, Part A, §1114].

English Learner Programs

A school district that uses federal funds to provide a language instruction education program for English learners must no later than 30 days after the beginning of the school year inform the parents of each child identified for participation or participating in such a program:

the reasons for the identification of the child as an English learner;

the child’s level of English proficiency;

how that level was determined and the status of the child’s academic achievement;

methods of instruction used in the program in which their child is participating and methods of instruction used in other available programs;

how the program will meet the educational strengths and needs of their child;

how the program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;

the specific exit requirements for the program;

in the case of a child with a disability, how the program meets the child’s IEP objectives; and

information about parental rights detailing the right of parents to have their child immediately

removed from such program upon their request and the options that parents have to decline to enroll their child in such program or to choose another available program or method of instruction.

For a child not identified as an English learner prior to the beginning of the school year, the district must notify parents within the first two weeks of the child being placed in such a program [ESEA Title I, Part A, §1112].

Homeless Children

To be eligible for McKinney-Vento funds, the school must provide written notice at the time any child seeks enrollment in the school, and at least twice annually while the child is enrolled in the school, to the parent or guardian or unaccompanied youth that, shall be signed by the parent or guardian or unaccompanied youth; that sets forth the general rights provided; and specifically states:

the choice of schools homeless children are eligible to attend;

that no homeless child is required to attend a separate school for homeless children;

that homeless children shall be provided comparable services, including transportation services, educational services, and meals; and

that homeless children should not be stigmatized by school personnel.

If the district sends a homeless child to a school other than the school of origin or the school requested by the parent or guardian, the district must provide the parents a written explanation for, including notice of the right to appeal, the decision. The information must also be provided whenever a dispute arises over school selection [ESSA Title IX, Part C, §722(g)(3)(B)].

Each LEA liaison for homeless children and youth shall ensure the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children [ESSA Title IX, Part C, §722(g)(6)(A)(iv)].

Public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services under the McKinney-Vento Act, such as schools, family shelters, and soup kitchens [ESSA Title X, Part C, §722(g)(6)(A)(v)].

21st Century Community Learning Centers

A program or activity funded as part of a 21st Century Community Learning Center providing before and after school activities to advance student academic achievement must undergo periodic evaluation to assess its progress toward achieving its goal of providing high-quality opportunities for academic enrichment. The results of evaluations shall be made available to the public upon request, with public notice of such availability provided [ESEA §4205(b)(2)].

Waiver Request

If a school district requests the U.S. Secretary of Education to waive any provision or regulation of the ESEA, it must provide notice and information about the waiver to the public in the manner in which is customarily provides public notice [20 U.S.C. §7861(b)(3)(B)] [ESEA Title IX, Part D, §8401(b)(3)(B)(ii)].

PPRA affords parents of elementary and secondary students certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.  These include, but are not limited to, 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):

  • Political affiliations or beliefs of the student or student’s parent;

  • Mental or psychological problems of the student or student’s family;

  • Sex behavior or attitudes;

  • Illegal, anti-social, self-incriminating, or demeaning behavior;

  • Critical appraisals of others with whom respondents have close family relationships;

  • Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;

  • Religious practices, affiliations, or beliefs of the student or student’s parent; or

  • Income, other than as required by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of:

  • Any other protected information survey, regardless of funding;

  • 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

  • Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

• Inspect, upon request and before administration or use:

  • Protected information surveys of students and surveys created by a third party;

  • Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and

  • Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

TCS will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. TCS will also directly notify parents of students who are scheduled to participate in the specific activities or surveys noted below via email and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey.  TCS will make this notification to parents at the beginning of the school year if the District has identified 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 their 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 direct notification requirement:

• Collection, disclosure, or use of personal information collected from students 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:     

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C.  20202