JRA-E: ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS
The Family Educational Rights and Privacy Act (“FERPA”) provides certain rights to parents/legal guardian and eligible students (18 years of age or older) with respect to the student’s education records.
A. Inspection of Records
Parents/legal guardian/eligible students may inspect and review the student’s education records within 45 days of making a request. Such requests must be submitted to the Superintendent or building administrator in writing and must identify the record(s) to be inspected. The Superintendent or building administrator will notify the parent/legal guardian/eligible student of the time and place where the record(s) may be inspected in the presence of school staff.
B. Amendment of Records
Parents/legal guardian/eligible students may ask the School District to amend education records they believe are inaccurate, misleading or in violation of the student’s right to privacy. Such requests must be submitted to the Superintendent or building administrator in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administrator decides not to amend the record as requested, the parent/legal guardian/eligible student will be notified of the decision, their right to request a hearing and information about the hearing process.
C. Disclosure of Records
The School District must obtain a parent/legal guardian/eligible student’s written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.
1. Directory Information
The School District designates the following student information as directory information that may be made public at its discretion: name, participation and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). Parents/legal guardian/eligible students who do not want the School District to disclose directory information must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.
2. Military Recruiters/Institutions of Higher Education
Military recruiters and institutions of higher education are entitled to receive the names, addresses and telephone numbers of secondary students and the School District must comply with any such request, provided that parents/legal guardian have been notified of their right to request that this information not be released without their prior written consent. Parents/legal guardian/eligible students who do not want the School District to disclose this information without their prior written consent must notify the Superintendent in writing by September 15th or within thirty (30) days of enrollment, whichever is later.
3. School Officials with Legitimate Educational Interests
Education records may be disclosed to school officials with a “legitimate educational interest.” A school official has a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility. School officials include persons employed by the School District as an administrator, supervisor, instructor or support staff member (including health or medical staff and law enforcement unit personnel); members of the Board of Education; persons or companies with whom the School District has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators or therapists); and volunteers who are under the direct control of the School District with regard to education records.
4. Health or Safety Emergencies
In accordance with federal regulations, the School District may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.
5 . Other School Units
As required by Maine law, the School District sends student education records to a school unit to which a student applies for transfer, including disciplinary records, attendance records, special education records and health records (except for confidential health records for which consent for dissemination has not been obtained). Even when a student transfers, school units should retain a copy of that student’s records for the applicable retention period.
6. Other Entities/Individuals
Education records may be disclosed to other entities and individuals as specifically permitted by law. Parents/legal guardian/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator. (Code: JRA-E)
D. Complaints Regarding School District Compliance with FERPA
Parents/legal guardian/eligible students who believe that the School District has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Reviewed by PC: June 19, 2019; January 5, 2023