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Student Records, Policy No. 570

Student Records, Policy No. 570

Printable PDF Board Policy 570

Purpose

This policy and the procedures included within it are intended to satisfy the requirements of the Family Educational Rights and Privacy Act (FERPA) and Oklahoma law. The board of education authorizes the superintendent to inform parents of minor students, adult students, and the public of the policy and to take appropriate action to implement the policy and procedures.

Definitions

For purposes of this policy, the following definitions apply:

Student - Any individual who attends or has attended a program of instruction sponsored by the board of education of the technology center and for whom it maintains education records.

Eligible student - A student who has reached age 18 or is attending a postsecondary school.

Parent – A parent of a student, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. The technology center will assume that either parent has a right of access to records regardless of custody orders unless the technology center has been provided with evidence that the right of access has been revoked. Documents such as a court order or other legally binding document relating to such matters as divorce, separation or custody that specifically revoke the right to inspect and review records must be provided to the technology center to prevent parent access to student records.

Education records - Any record (in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche, or other method of recording information) directly related to a student and maintained by the technology center or a party acting for the technology center, except:

1.      Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

2.      Records of a law enforcement unit of the technology center, but only if education

records maintained by the technology center are not disclosed to the unit, and the law enforcement records are maintained separately from education records; maintained solely for law enforcement purposes; and disclosed only to law enforcement officials of the same jurisdiction.

3.      An employment record made and maintained in the normal course of business that is not available for use for any other purpose and that relates exclusively to a student in his or her capacity as a technology center employee. (This provision does not include employment activities for which a student receives a grade or credit in a course.)

4.      Records on an eligible student that are:

A.                  Made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity;

B.                  Made, maintained, or used only in connection with treatment of the student (treatment does not include remedial educational activities or activities that are part of the program of school instruction); and

C.                  Disclosed only to individuals providing the treatment.

5.      Alumni records that relate to the student after he or she no longer attends classes provided by the technology center that are not directly related to the individual as a student

6.      Grades on peer-graded papers before they are collected and recorded by a teacher.

Personally identifiable information – The term includes, but is not limited to any 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. The term also includes information requested by a person who the technology center reasonably believes knows the identity of the student to whom the education records relates. Personally identifiable information includes the student's name; the student's parents' or other family member's name; the student's or family's address; a personal identifier such as the student’s social security number, student number or biometric record; and other indirect identifiers such as the student’s date of birth, place of birth and mother’s maiden name.

Dates of attendance –

1.                  The period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester or a first quarter.

2.                  The term does not include specific daily records of a student’s attendance at an educational agency or institution.

Directory information - Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Student identification numbers, if displayed on school ID badges, are also considered directory information unless the use of a password or PIN is required to authenticate the use of the ID number.

Authorized representative – An individual directly employed by a local or state educational agency, an entity designated by the local or state educational agency, or an individual employed by such entity engaging in audits, evaluations or any other compliance or enforcement activity.

Education program – Elementary, secondary, postsecondary, career and technical institutes and schools or any program that is principally engaged in the provision of education.

Annual Notice

The technology center will notify parents of minor students and eligible students annually of their rights under FERPA by means of a technology center newsletter, newspaper notice, school handbook or individual notice. The notice will inform parents of minor students and eligible students that they have the right to:

1.                  Inspect and review the student's education records. The notice will also identify the procedure for exercising this right.

2.                  Seek amendment of the student’s education records that the parent of a minor student or eligible student believes to be inaccurate, misleading or otherwise in violation of the student’s privacy rights. The notice will also identify the procedure for requesting amendment.

3.                  Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA and its implementing regulations authorize disclosure without consent. The technology center will also include in the notice its policy for disclosing education records to schools in which the student subsequently seeks or intends to enroll, its criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

4.                  File a complaint with the U.S. Department of Education concerning the technology center’s alleged failure to comply with FERPA.

The technology center will arrange to provide translations of its annual notice to non-English speaking parents of minor students in their native language and to effectively notify parents of minor students or eligible students who are disabled.

The Right to Inspect and Review the Student’s Education Records

Parents of minor students and eligible students may inspect and review the student's education records upon request. In some circumstances, it may be mutually more convenient for the registrar to provide copies of records. The parent of a minor student or eligible student may also provide consent to have a representative inspect and review the records. Access will be provided during school hours and within no more than 45 days of the request.

Access to a student’s confidential records will be provided upon request before any IEP meeting or hearing relating to the identification, evaluation or educational placement of a student or the provision of a free and appropriate education to the student and in all cases within no more than 45 days of a request.

The technology center will not withhold a parent’s or eligible student’s right to inspect and review student records because of debts owed the technology center.

The right to inspect education records also includes the right to an explanation and interpretation of the records by school officials.

Parents or eligible students should submit to the student's registrar a written request that identifies as precisely as possible the records he or she wishes to inspect. Since a student's records may be maintained in several locations, the registrar         should offer to collect copies of records or the records themselves from site locations, so they may be inspected at one site. However, if parents of a minor student and eligible students wish to inspect records where they are maintained, the registrar will make every effort to accommodate their wishes. The registrar will make the needed arrangements as promptly as possible and notify the parent of a minor student or eligible student of the time and place where the records may be inspected.

When a record contains information about students other than the eligible student, the parent of a minor student or eligible student may not inspect and review the records of the other students.

The technology center is not required to give an eligible student access to treatment

records (as defined by the term "education records" in the Definitions section of this policy), but the student may have those records reviewed by a physician or other appropriate professional of the student's choice.

Copies of Records

The technology center will provide the parent of a minor student or eligible student with a copy of the student’s education records under the following circumstances:

1.                  If mutually agreed by both the parent of a minor student or eligible student and the technology center.

2.                  If failure to provide copies would effectively prevent the parent of a minor student or eligible student from exercising the right to inspect and review the records.   This may arise when a valid reason, such as working hours, the distance between record location sites or health, prevents a parent of a minor student or eligible student from personally inspecting and reviewing a student's education record.

3.                  At the request of the parent of a minor student or eligible student when the technology center has provided the records to third parties by the prior consent of the parent of a minor student or eligible student.

4.                  At the request of the parent of a minor student or eligible student when the technology center has forwarded the records to another school where the student seeks or intends to enroll.

The technology center may charge a fee for copies of education records. When a fee represents an unusual hardship, the registrar may waive it in part or entirely.     However, the technology center reserves the right to make a charge for copies such as transcripts it forwards to potential employers or to colleges and universities for employment or admissions purposes.

The technology center’s fee for copies provided under FERPA will range from no cost to .25 per page (actual copying cost less hardship factor). The technology center will not charge for the costs of search and retrieval.

Types and Locations of Education Records in the Technology Center

TYPES

LOCATION

CUSTODIAN

Cumulative Records

Hard copies of records for career program students are maintained for five (5) years and          short-term records are maintained for three (3) 3 years.

Electronic copies are kept indefinitely.

Registrar

Employee Health Records

HR office

Executive Director, HR

Psychological Records Special Test Records IEP/504 Records

IEP/504 Disability Coordinator’s office

Disabilities Coordinator

Transportation Records

Facility offices

Transportation Supervisor

Directory Information

The following information is designated as “directory information,” and may be disclosed without prior written consent:

1.                  The student's name;

2.                  The student's address;

3.                  The student's telephone listing;

4.                  The student's date and place of birth;

5.                  The student’s dates of attendance;

6.                  The student's grade level (i.e., 11th, 12th grade, etc.);

7.                  The student's participation in officially recognized activities;

8.                  The student's degrees, honors and awards received;

9.                  The most recent educational agency or institution attended;

10.                The student’s photograph;

11.                The student’s electronic mail address; and

12.                The student’s major field of study.

The technology center will notify parents of minor students and eligible students annually of the designated items of directory information by means of a technology center newsletter, newspaper notice, school handbook or individual notice. Parents of minor students and eligible students have the right to exclude directory information from public access by notifying the registrar or appropriate technology center official, in writing, of any or all of the items they refuse to permit the technology center to designate as directory information about that student. The student's records will be marked to indicate the items the technology center will designate as directory information about that student. This designation will remain in effect until it is modified by the written direction of the minor student's parent or the eligible student.

Use and Disclosure of Student Education Records

Technology center officials may release information from a student's education record if the minor student's parent or the eligible student gives his or her signed and dated prior written consent for the disclosure.  The written consent must:

1.                  Specify the records that may be disclosed;

2.                  State the purpose of the disclosure; and

3.                  Identify the party or class of parties to whom the disclosure may be made.

The technology center will only release information from or permit access to a student's education record with a minor student’s parent or eligible student's prior written consent, except in the following instances permitted by FERPA:

1.                  The disclosure is to other technology center officials, including instructors, within the technology center whom the technology center has determined to have legitimate educational interests.

A technology center official is a person employed by the technology center 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 of education; a person or company with whom the technology center 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 technology center official in performing his or her tasks.

A technology center official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. The technology center will use reasonable methods to ensure that officials obtain access to only those education records in which they have legitimate educational interests. The technology center will ensure that its policy for controlling access to education records is effective and remains in compliance with the legitimate educational interest requirement of the FERPA regulations.

A contractor, consultant, volunteer or other party to whom the technology center has outsourced institutional services or functions may be considered a technology center official, provided that the outside party performs an institutional service or function for which the technology center would otherwise use employees; is under the technology center’s direct control concerning the use and maintenance of education records; and is subject to the requirements of FERPA regulations governing the use and re-disclosure of personally identifiable information from education records.

2.                  The disclosure is to officials of another school, school system or institution of post-secondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is related to the student’s enrollment or transfer. (Parents of minor students and eligible students have a right to obtain copies of the records disclosed under this provision).

3.                  The disclosure is to authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, or State and Local Educational authorities. Military services representatives shall have access to student directory information unless the parent, legal guardian or the student age 18 or older specifically denies such access in writing. Military services representatives have the same access to secondary school students as is generally provided to post-secondary institutions or prospective employers unless denied in writing by the parent, legal guardian or student age 18 or older.

4.                  The disclosure is in connection with financial aid for which the student has applied or that the student has received, if necessary to determine eligibility for the aid, the amount of the aid, the conditions for the aid, or to enforce the terms and conditions of the aid.

5.                  The disclosure is to organizations conducting studies for or on behalf of the technology center to develop, validate or administer predictive tests, administer student aid programs, or improve instruction in compliance with Section 99.31(a)(6) of the FERPA regulations.

6.                  The disclosure is to accrediting institutions to carry out their accrediting functions.

7.                  The disclosure is to parents of a student if the parents claim the student as a dependent as defined in Section 152 of the Internal Revenue Code of 1986.

8.                  The disclosure is to comply with a judicial order or lawfully issued subpoena. The technology center will make a reasonable effort to notify a minor student’s parents or the eligible student before making a disclosure under this provision  unless:

A.                  the disclosure is in compliance with a federal grand jury subpoena and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

B.                   The disclosure is in compliance with any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

C.                   The disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning the investigation or prosecution of an offense listed in the Patriot Act or an act of domestic or international terrorism as defined by law;

D.                 he technology center initiates legal action against a parent or student, the technology center may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the technology center to proceed with the legal action as plaintiff; or

E.                   the parent or eligible student initiates legal action against the technology center, the technology center may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the technology center to defend itself.

9.                  The disclosure is to appropriate parties in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. In making this determination, the technology center may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the technology center determines that there is an articulable and significant threat, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.

10.              The disclosure contains only “directory information” as defined in this policy, and the parent of a minor student or eligible student has not refused to allow the technology center to designate that item as directory information for the student.

11.              The disclosure is made directly to the parent of a minor student or eligible student.

12.              If a state law adopted before November 19, 1974, allows certain specific items of information to be disclosed in personally identifiable form from student records to state and local officials or authorities concerning the juvenile justice system and the system's ability to effectively serve the student whose records are released or if a state law adopted after November 19, 1974, allows such information to be disclosed to state or local officials concerning the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released.

Prior to the release of education records without a parent or eligible student’s advance written consent, the technology center will require an authorized representative of the entity receiving the records to complete a written agreement. The agreement will state, at a minimum:

▪                      the identity of the authorized representative

▪                      the specific personally identifiable information that is to be disclosed

▪                      a clear description of the activity and purpose for the disclosure

▪                      the authorized representative will not re-disclose the personally identifiable information

▪                      the authorized representative will destroy the personally identifiable information within the time set forth in the agreement

The technology center will use reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom the technology center discloses personally identifiable information from education records.

Upon request, the minor student's parent or eligible student may obtain a copy of any records disclosed under this provision

Record of Requests for Access and Disclosures Made from Education Records

The technology center will maintain an accurate record of each request for access to and each disclosure of personally identifiable information from the education records of each student. The technology center will maintain this record with the student’s education records as long as the records are maintained.

For each request or disclosure, the record will include:

1.                  The name of the party who requested or received personally identifiable information from the education records; and

2.                  The party’s legitimate interests in requesting or obtaining the information.

The technology center will record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception in FERPA:

1.                  The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and

2.                  The parties to whom the technology center disclosed the information.

As permitted by FERPA, the technology center may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the minor student’s parent or eligible student. The technology center will inform a party to whom such disclosure is made of this nondisclosure requirement.

In the alternative, the technology center may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosure of the information on the technology center’s behalf if:

1.                  The disclosures meet the requirements of the Use and Disclosure of Student Education Records section of this policy (§99.31);

2.                  The technology center makes a record of the disclosure that includes the names of the additional parties to whom the receiving party may disclose the information on the technology center’s behalf and the legitimate interests each additional party has in requesting or obtaining the information (§99.32(b)); and

3.                  The technology center maintains a record of the names of state and local educational authorities and federal officials and agencies that may make further disclosures of personally identifiable information from the student's education records without prior written consent and maintains this record with the student's education records as long as the records are maintained (§99.32(b) (2)

Procedures to Seek to Correct Education Records

Parents of minor students and eligible students have a right to seek to change any part of the student's record they believe is inaccurate, misleading or in violation of student rights. The technology center will not use this procedure to consider a request to change the grade a teacher assigns for a course.

f outlining the procedure to seek to correct education records, the term "incorrect" will be used to describe a record that is alleged to be inaccurate, misleading or in violation of student rights. The term "correct" will be used to describe a record that is alleged to be accurate, not misleading and not in violation of student rights. Also, in this section, the term "requester" will be used to describe the parent of a minor student or the eligible student who is asking the technology center to correct a record.

To establish an orderly process to review and correct an education record for a requester, the technology center may make a decision to comply with the request for a change at several levels in the procedure.

First level decision - When a parent of a minor student or eligible student finds an item in the student's education record that he or she believes is incorrect, he or she should submit a request in writing to the registrar to correct it. If the record is incorrect because of an obvious error and it is a simple matter to make the record change at this level, the registrar or instructor will make the correction. However, if the record is changed at this level, the method and result must satisfy the requester.

If the custodian cannot change the record to the requester's satisfaction or the record does not appear to be obviously incorrect, the registrar will provide the requester a copy of the questioned record at no cost; ask the requester to initiate a written reason for not making the change; and follow the procedure for a second level decision.

Second level decision - The written request to correct a student's education record through the procedure at this level should specify the correction the requester wishes the technology center to make. It should at least identify the item the requester believes is incorrect and state whether he or she believes the item: is inaccurate and why; is misleading and why; or violates student rights and why. The requester must sign and date the request.

Within two weeks after the registrar receives a written request, he or she will: study the request, discuss it with other school officials (such as the person who made the record or those who may have a professional concern about the technology center's response to the request), make a decision to comply or decline to comply with the request and complete the appropriate steps to notify the requester or move the request to the next level for a decision.

If, as a result of this review and discussion, the record registrar decides the record should be corrected, he or she will affect the change and notify the requester in writing that he or she has made the change. Each such notice will include an invitation for the requester to inspect and review the student's education record to make certain the record is in order and the correction is satisfactory.

If the registrar decides the record is correct, he or she will make a written summary of any discussions with other officials and of his or her findings in the matter.   He or she will transmit this summary and a copy of the written request to the superintendent.

Third level decision - The superintendent or designee will review the material provided by the registrar and, if necessary, discuss the matter with other officials (such as the technology center attorney or the board of education (in executive session)). He or she will then make a decision concerning the request and complete the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it will take longer, the superintendent or designee will notify the requester in writing of the reasons for the delay and a date when the decision will be made.

If the superintendent or designee decides the record is incorrect and should be changed, he or she will advise the registrar to make the changes. The registrar will advise the requester of the change as he or she would if the change had been made at the second level.

If the superintendent or designee decides the record is correct, he or she will prepare a letter to the requester which will include:

1.                  The technology center's decision that the record is correct and the basis for the decision;

2.                  A notice to the requester that he or she has a right to ask for a hearing to present evidence that the record is incorrect and that the technology center will grant such a hearing;

3.                  Instructions for the requester to contact the superintendent or designee to discuss acceptable hearing officers, convenient times and a satisfactory site for the hearing. (The technology center will not be bound by the requester's positions on these items, but will, so far as possible, arrange the hearing as the requester wishes.); and

4.                  Advise that the requester may be represented or assisted in the hearing by other parties, including an attorney at the requester's expense.

Fourth level decision - After the requester has submitted (orally or in writing) his or her wishes concerning the hearing officer and the time and place for the hearing, the superintendent or designee will, within a week, notify the requester when and where the technology center will hold the hearing and who it has designated as the hearing officer.

At the hearing, the hearing officer will provide the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education record is incorrect, as shown in the requester's written request for a change in the record (second level).

Within one week after the hearing, the hearing officer will submit to the superintendent or designee a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit his or her recommendation, based solely on the evidence presented at the hearing, that the record should be changed or remain unchanged.

The superintendent or designee will prepare the technology center's decision within two weeks of the hearing. That decision will be based on the summary of the evidence presented at the hearing and the hearing officer's recommendation. However, the technology center's decision will be based solely on the evidence presented at the hearing. Therefore, the superintendent or designee may overrule the hearing officer if he or she believes the hearing officer's recommendation is not consistent with the evidence presented. As a result of the technology center's decision, the superintendent or designee will take one of the following actions:

1.                  If the decision is that the technology center will change the record, the superintendent or designee will instruct the registrar to correct the record. The registrar will correct the record and notify the requester as at the second level decision.

2.                  If the decision is that the technology center will not change the record, the superintendent or designee will prepare a written notice to the requester, which will include:

A. The technology center's decision that the record is correct and will not be changed;

B.                  A copy of a summary of the evidence presented at the hearing and a written statement of the reasons for the technology center's decision; and

C.                  A notice that the requester may place in the student's education record an explanatory statement that states the reasons he or she disagrees with the technology center's decision and/or the reasons he or she believes the record is incorrect.

Final administrative step in the procedure - When the technology center receives an explanatory statement from a requester after a hearing, it will maintain that statement as part of the student's education record as long as it maintains the questioned part of the record. The statement will be attached to the questioned part of the record, and whenever the questioned part of the record is disclosed, the explanatory statement will also be disclosed.

Complaints

If a parent of a minor student, an eligible student or a citizen of the technology center believes that the technology center is violating FERPA, that person has a right to file a complaint with the Department of Education. The contact information is:

Family Policy Compliance Office

U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5091 Telephone: (202) 260-3887

Availability of policy

Copies of this policy will be available for the parent of a minor student and eligible student review in the office of Strategic Communications & Engagement, on the district website (www.mntc.edu) under Board Policies, and in the superintendent's office.

Notification of Rights Under FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that affords parents of minor students and “eligible students” over 18 years of age 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 from the day the technology center receives a request for access.

Parents of minor students or eligible students must submit a written request to the registrar or appropriate technology center official that identifies the record(s) they wish to inspect. This school official will make arrangements for access to the education records and will notify the parent of a minor student or eligible student of the time and place where these records may be inspected.

2.                  The right to request correction of the student's education records that the parent of a minor student or eligible student believes inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

Parents of minor students or eligible students may ask the technology center to amend a record they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. They must submit a written request to the registrar or appropriate technology center official, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

If the technology center decides not make changes in the record as requested, the technology center must notify the minor student’s parent or eligible student of the decision and advise them of their right to a hearing regarding the request for correction. Additional information about hearing procedures will be provided to the minor student’s parent or eligible student at the time of this notification.

3.                  The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent (34 CFR § 99.31).

Technology center officials with legitimate educational interests are permitted disclosure without consent. An official is a person employed by the technology center 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 of education; a person or company with whom the technology center 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 official in performing his or her tasks.

An 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, the technology center will disclose education records without consent to officials of another technology center in which a student seeks or intends to enroll.

Technology centers may disclose, without consent, “directory” information; however, the technology center must inform parents and eligible students about directory information, allowing them a reasonable amount of time to request that the technology center not disclose directory information about that student.

Technology centers must notify parents of minor students and eligible students annually of their rights under FERPA by means of a special letter, bulletin, student handbook and/or other means left to the discretion of each technology center.

4.                  The right to file a complaint with the U.S. Department of Education concerning alleged failures by the technology center 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, D.C. 20202-5901

Directory Information Notice

The Family Educational Rights and Privacy Act (FERPA), a federal law, requires that the technology center, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your or your minor child’s education records. However, the technology center may disclose appropriately designated “directory information” without written consent, unless you have advised the technology center to the contrary in accordance with technology center procedures. The primary purpose of directory information is to allow the technology center to include this type of information from education records in certain school publications. Examples include:

      Recognition lists;

      Graduation programs; and

      Press releases.

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 minor child’s information disclosed without their prior written consent. Directory information will not be released to outside organizations for commercial or non-commercial purposes.

If you do not want the technology center to disclose directory information from your or your minor child’s education records without your prior written consent, you must notify the registrar in writing. The following information is designated as "directory information," and may be disclosed without prior written consent:

1.                The student's name;

2.                The student's address;

3.                The student's telephone listing;

4.                The student's date and place of birth;

5.                The student’s dates of attendance;

6.                The student's grade level (i.e., 11th grade, 12th grade, etc.);

7.                The student’s participation in officially recognized activities;

8.                The student's degrees, honors and awards received;

9.                The most recent educational agency or institution attended;

10.              The student’s photograph;

11.              The student’s electronic mail address; and

12.              The students’ major field of study.

No parent or eligible student can opt out of the requirement that a student wear his or her ID badge which shows the student’s school ID number.