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FERPA Notification

FERPA NOTIFICATION OF RIGHTS  

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

1. The right to inspect and review the scholar's education records within 45 days after the day Cesar Chavez PCS receives a request for access. 

Parents or eligible scholars who wish to inspect their child’s or their education records should submit to the Executive Director or admissions coordinator 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 scholar of the time and place where the records may be inspected. 

2. The right to request the amendment of the scholar’s education records that the parent or eligible scholar believes are inaccurate, misleading, or otherwise in violation of the scholar’s privacy rights under FERPA. 

Parents or eligible scholars who wish to ask Cesar Chavez PCS to amend their child’s or their education record should write to the Executive Director or designee, 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 scholar, the school will notify the parent or eligible scholar 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 scholar when notified of the right to a hearing. 

3. The right to provide written consent before the school discloses personally identifiable information (PII) from the scholar'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. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. A school official typically 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 also may 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 scholar volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, scholar, 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. 

Upon request, the school discloses education records without consent to officials of another school or school district in which a scholar seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the scholar’s enrollment or transfer. 

4. 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 

See the list below of the disclosures that elementary and secondary schools may make without consent. 

FERPA permits the disclosure of PII from scholars’ education records, without consent of the parent or eligible scholar, 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 scholar, § 99.32 of the FERPA regulations requires the school to record the disclosure. Directory information is defined here as name, address, telephone listing, participation in officially recognized activities and sports, and dates of attendance Parents and eligible scholars have a right to inspect and review the record of disclosures. Parent/guardians map opt out of inclusion in directory information in writing to the Executive Director or COO. A school may disclose PII from the education records of a scholar without obtaining prior written consent of the parents or the eligible scholar – 

  • 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 scholar seeks or intends to enroll, or where the scholar is already enrolled if the disclosure is for purposes related to the scholar’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 educational agency (SEA) in the parent or eligible scholar’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 scholar has applied or which the scholar 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 scholar 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 scholar 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 scholar if the scholar 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 school 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 scholar’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 scholar 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))