### Model Notification of Rights under FERPA for Elementary **and Secondary Schools**
The Famil y Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 y ears of age or older ("eligible students") certain rights with respect to the stu dent's education records. These rights are:
1. The right to inspect and review the student's education records within 45 days after the day the [Name of school (“School”)] receives a request for access. Parents or eligible students should submit to the sc hool principal [or appropriate school off i cial] 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.
2. 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 stud ents who wish to ask the [School] to amend a record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify wh y 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.
3. 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 con sent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person emplo ye d by the school 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 or contractor outside of the school who perform s an institutional service o r function for which the school would otherwise use its own employ ees 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, audi tor, medic al 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 sc hool official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility

.[Optional] Upon request, the school discloses education records without consent to

officia ls of another school district in which a student seeks or intends to enroll, or is alread y enrolled if the disclosure is for purposes of the student’s enrollment or transfer. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records re quest unless it states in its annual notification that it intends to forward records on request.]
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures b y the [S chool] to c omply 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 [NOTE: In addition, a school may want to inc lude its directory information public notice, as required b y § 99.37 of the regulations, with its annual notification of rights under FERPA.] [Optional] See the list below of the disclosures that elementary and secondary schools may make 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, di sclosures 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 eli gible 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

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 To other school officials, incl uding 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 serv ices 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))

 To officials of another school, school sy stem, or institution of postsecondary education where the student seeks or intends to enr oll, or where the student is alread y 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 educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requir ements of § 99.35, inconnection 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)

 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))

 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 sy stem and the sy stem’s ability

to effectivel y 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. (§ 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. (§ 99.31(a)(9))

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

 In formation the school has designated as “directory information” under § 99.37

. (§ 99.31(a)(11).