Family Education Rights and Privacy Act (FERPA)

Annual Notice to Parents, Guardians and Eligible Students

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. The information contained in this notice details your rights and fulfills the annual notification requirements of FERPA. As used throughout this notice the term "parent" shall include natural or adoptive parents, guardians or a person acting as a parent in the absence of a parent or guardian.

The school district maintains the following types of records on students:

  • Personal data information
  • Medical and health information
  • School grades
  • Transcripts from previous schools attended
  • Data of school entry and withdrawal
  • Results of schoolwide tests
  • School activities
  • Counselor and teacher observation reports
  • Special Education records for eligible students
  • School disciplinary records

Directory information

FERPA allows for the release of information designated as "directory information" without prior parental consent unless a parent opts out as described below.  The Olathe School District designates the following information as "directory information":

  • name
  • address
  • telephone listing
  • email address
  • date and place of birth
  • major field of study
  • participation in officially recognized activities and sports
  • weight and height of members of athletic teams
  • dates of attendance
  • degrees and awards received
  • most recent previous educational agency or institution attended by the student.

Opt-Out of Directory Information

If a parent believes that any or all student directory information (listed in section above) should not be released without prior consent, please notify your school principal within 10 days of the beginning of the school year or within 10 days of enrollment. Notification will be given whenever educational records are transferred to another educational institution or released by court order. A copy of the records transferred or released may be requested at a charge of the school's cost.

Opt-Out of Other Student Information, Photos

Parents must also notify the school office if they elect to opt out of the following categories: photo/video release, military recruitment (juniors/seniors), and public display of student work. Parents with questions related to opting out or wishing to opt out of any of these categories should contact the school principal within 10 days of the beginning of the school year or within 10 days of enrollment.

The school principal or designee will keep a list of all outside persons or agencies that have accessed a student's records and the reason for access. When a student becomes 18 years of age or is attending a post-secondary institution, all rights accorded to parents will be accorded to the student.

Student Records (Access/Release/Disposal)

The records of currently enrolled students are in the custody of the school principal. Records of students who have left the Olathe School District are maintained by the Student Services department at the Education Center. Records will be reviewed annually and records not needed for administrative purposes may be destroyed. Only information that is current, accurate and appropriate will be kept. Special Education records are maintained by the Special Services department located at the Instructional Resource Center.

FERPA generally requires prior written parental consent before a school may release personally identifiable "educational records" maintained by the school district unless such information is designated as directory information (see above). However, the following persons, organizations, agencies or institutions who have a legitimate educational interest may have access to educational records of students without prior parental consent: school officials of the Olathe School District, officials of other schools where the student intends to enroll, institutions or organizations in connection with financial aid for students or to conduct studies, authorized representatives of federal and state agencies (for fulfillment of legal requirements), state and local officials (information required to be reported by state statute), educational accrediting organizations (accreditation), parents of a dependent student (parent information), courts (to comply with a subpoena or court order) and other entities or individuals as designated by law.

A school official is a person employed by the school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the school district has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a parent or student serving 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 has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Parents have the right to inspect and review their student's education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal or Student Services a written request that identifies the record(s) 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.

Amending Educational Records

Parents have the right to request the amendment of their student's education records if the parent or eligible student believes they are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. Parents or eligible students who wish to ask the school to amend a record should write the school Principal or General Administration level director, clearly identifying the part of the record they want changed, and specifying why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school official will notify the parent or eligible student of the decision and advise them 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.

FERPA Complaint Procedure

Parents have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district 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 20202-8520

 

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