Notification of Rights Regarding Education Records

  • The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("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 of the day the school receives a request for access.

      Parents, (including legal guardians and students over the age of 18) have the right to inspect and review the student’s educational records that are under the control of Monroe 1 BOCES. Except for EMCC records, Monroe 1 BOCES maintains educational records for BOCES work of students while the students remain enrolled in BOCES programs. Once a student completes his/her work at BOCES and returns to the home school district, BOCES transfers the records to the home school district. (EMCC records are considered home school records.)

      If you wish to see your child’s records, please contact the Student Admissions and Records Office (585-383-2232) and arrange a convenient time to review your child’s records. For EMCC records, contact your home school.

    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.

      If after examining your child’s educational records, you believe that they contain student information that is false or misleading, you may indicate your concern to the Admissions and Records Office. The Office will share your concern with the program or professional staff responsible for generating the record in question and will attempt to resolve the concern informally.

      If the concern cannot be informally resolved, you have the right to submit a formal written complaint through the BOCES complaint procedure, and ultimately to receive a hearing. The Student Admissions and Records Office will provide you with the necessary forms for completion.

    3. The right to privacy of personally identifiable information in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

      For example, the BOCES may disclose information from student education records to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, teacher, or support staff member, including health staff, office staff, and security personnel. It may also include a person serving on the school Board, a parent on an official BOCES committee, or a person or company with whom the school has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, consultant, therapist, etc.). A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.Under FERPA, BOCES is permitted to disclose education records, including disciplinary records, without consent to other schools or post-secondary educational institutions 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. However, while BOCES reserves all its rights under FERPA, its standard practice will be to seek written consent from parents or eligible students in order to transfer the student’s records, and those records will not normally include disciplinary information unless the parents or student specifically request that they do. Exceptions to this standard practice will occur only where specific circumstances make them reasonable and prudent.

      In the event of a health and safety emergency, the BOCES may disclose information from a student’s education record when such disclosure appears likely to protect the health and safety of the student or others.

      FERPA also allows schools to disclose educational records without consent to state and local authorities within a juvenile justice system, pursuant to specific State law, and to comply with judicial order.

    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 20202-8520