The Superintendent of Schools shall be responsible for ensuring that all requirements under federal statutes and Commissioner’s Regulations pertaining to the confidentiality of student records shall be carried out by the district.
At the beginning of each school year, the district shall publish in a local newspaper a notice to parent(s) or guardian(s) and students 18 years of age or older (“eligible students”) currently in attendance of their rights under FERPA and the procedures for pursuing them. The district shall also send home a bulletin listing these rights and procedures, which will also be included with a packet of material provided parents or an eligible student when the student enrolls during the school year.
The notice must include a statement that the parent or eligible student has a right to:
1. inspect and review the student’s education records;
2. be assured that the school district intends to limit the disclosure of personally identifiable information contained in a student’s education records except:
a. by prior written consent of the student’s parent(s) or guardian(s) or the eligible student;
b. as directory information; or
c. under certain limited circumstances, as permitted by FERPA.
3. request that records be amended to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights;
4. file a complaint with the U.S. Department of Education alleging failure of the district to comply with FERPA and its regulations; and
5. request and receive information regarding the procedure for exercising the right to inspect, review, and request amendment of student records.
The policy applicable to the release of student directory information (see 2. b above) applies equally to military recruiters, the media, colleges and universities, and prospective employers. Directory information includes, but is not limited to, the following: the student's name, parents' names, address, telephone number, date and place of birth, participation in school activities or sports, weight and height if a member of an athletic team, dates of attendance, degrees and awards received, and most recent educational institution attended. Parents and eligible students may choose not to allow the district to release directory information.
The district shall arrange to provide translations of this notice, where necessary, to parents and eligible students in their native language or dominant mode of communication.
Family Educational Rights & Privacy Act 20 USC 1232-g; 34 CFR Part 99
Education Law §§2(13); 225; 301
Public Officers Law §87(2)(a)
Arts and Cultural Affairs Law, Article 57-A
Civil Practice Law and Rules §§2303; 2307
Matter of Board of Education of City of New York v. Regan, 131 Misc. 2d 514 (1986)
8 NYCRR Part 185
Records Retention and Disposition Schedules for Use by School Districts, Schedule ED-1 (1991)