Wildwood School

Family Educational Rights and Privacy Act (FERPA)

Notification of Rights

 

Wildwood School’s procedures for the confidentiality of student records are consistent with federal statutes, including the Family Educational Right and Privacy Act (FERPA).  FERPA affords parents, those acting in a parental relationship, or eligible students over the age of 18 certain rights with respect to student’s education records.  These rights are:

1.  The right to inspect and review student’s education records, unless limited by court order or other legally binding instrument, within 45 days of receipt of request.

2.  The right to request the amendment of student’s education records that the parent or eligible student believes are inaccurate.  Such requests should be in writing, to the attention of the Director of Wildwood School, and should clearly indicate what information is inaccurate and what changes are requested.  If Wildwood School decides to not grant the requested amendments, the parent or student will be notified of the decision and will advise them of their right to a hearing.  Additional information regarding hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

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

A.  One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  A school official is a person employed by Wildwood School as an administrator, supervisor, instructor, or support staff member (including support or clerical staff, nurse and health staff, human resources staff, information systems staff); a person serving on the school board; a person or company with whom the school has contracted to perform a special task (such as an attorney, auditor, medical consultant, volunteer, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.  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.  

B.  FERPA also authorizes the release of “directory information” without prior consent, unless the parent or eligible student requests, in writing, that directory information not be disclosed.  Such requests must be received within 30 days of enrollment or within 30 days of the start of the school year.  Wildwood School considers the following information “directory information”:

-  Student’s name, address, telephone number, email address
-  Student’s date and place of birth
-  Name(s) of student’s parent(s) or legal guardian
-  Photograph (e.g. for class picture, yearbook, educational and emergency purposes)
-  Dates of attendance
-  Student’s class/program designation
-  Student’s school achievement, awards, honors
-  Student’s extracurricular activities
-  Present and previous school(s) attended by the student 

 

C.  FERPA authorizes Wildwood School to disclose personally identifiable student information without consent to other schools, school systems or institutions of postsecondary education in which a student seeks or intends to enroll or that are providing services to the student, upon receiving a request from any such institution.  Parents or students can receive a copy of all information disclosed upon request.

 

4.  The right to file a complaint with the U.S. Department of Education concerning alleged failures by Wildwood School to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

 

 

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, 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 school to record the disclosure.  Parents and eligible 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 –

  • To other school officials, including 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 services 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 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)) 
  • 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 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.  (§§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 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 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 emergency, subject to §99.36.  (§99.31(a)(10)
  • Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))

 

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