Monroe 1 BOCES Notification of Rights under FERPA, Notification Regarding Limited Disclosure of Directory Information and Notice of Disclosure to Military Recruiters

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’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 BOCES receives a request for access.
   
   Parents or eligible students who wish to inspect their child’s or their education records should submit to the Program Administrator a written request that identifies the records they wish to inspect. The BOCES 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 students who wish to ask the BOCES to amend their child’s or their education record should write the Program Administrator, clearly identify the part of the record they believe should be changed, and specify why it should be changed. If the BOCES decides not to amend the record as requested by the parent or eligible student, the BOCES 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 BOCES discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. (See below.)
   
   
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the BOCES to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

            Student Privacy Policy Office
            U.S. Department of Education
            400 Maryland Avenue, SW
            Washington, DC 20202

Disclosures Without Prior Written 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, disclosures 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 BOCES to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. The BOCES may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

• To other school officials, including teachers, within the educational agency or institution whom the BOCES has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the BOCES 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))
  
  A school official typically includes a person employed by the BOCES 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 BOCES would otherwise use its own employees and who is under the direct control of the BOCES with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical 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 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.
  
  
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already 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))
  
  Upon request, the BOCES discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
  
  
• 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 student’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 student has applied or which the student 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 student whose records were released, subject to § 99.38. (§ 99.31(a)(5))
  
  
• To organizations conducting studies for, or on behalf of, the BOCES, in order to: (a) develop, validate, or administer predictive tests; (b) administer student 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 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 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)
  
  
• To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’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 student 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))
  
  
• If the information has been designated by the BOCES as “directory information” (if applicable requirements under § 99.37 are met). (§ 99.31(a)(11))

Directory Information Notice

The BOCES has designated the following information as directory information: name, address, email address, telephone number, date and place of birth, major field of study, dates of attendance, photograph/image, grade level, participation in officially recognized activities and sports, weight and height, honors, and degrees and awards received, and the most recent educational agency or institution attended.

The BOCES may disclose appropriately designated “directory information” without written consent if the BOCES determines the disclosure would not be harmful or an invasion of privacy if released, unless you have advised the BOCES to the contrary in accordance with its procedures. The primary purpose of directory information is to allow the BOCES to include information from your child’s education records in certain school or BOCES publications. Examples include: social media, the annual yearbook, honor roll or other recognition lists, graduation programs, and activity sheets and information.

Directory information can also be disclosed to outside organizations without a parent’s prior written consent, such as companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies receiving assistance under the Elementary and Secondary Education Act of 1965, as amended to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.

BOCES by law will disclose directory information, including students’ names, addresses, and telephone listings, to military recruiters upon request.

If you do not want the BOCES to disclose any or all of the types of information designated above as directory information from your child’s education records without your prior written consent, you must notify the Student Admissions and Records Office, 41 O’Connor Road, Fairport, New York, in writing, by October 15 or within 30 days of enrollment.

Note: The BOCES is not responsible for media coverage of school events that are open to the public.