Family Educational Rights and Privacy Act (FERPA)

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General Information

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 Frederick County Public Schools (“FCPS”) staff receives a request for access. 

    Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal a written request that identifies the records they wish to inspect.  The school principal or designee 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 FCPS to amend their child’s or their education record should write to the Director of Student Support Services or the Assistant Director of Student Support Services (collectively referred to herein as “Student Support Services”), clearly identify the part of the record they want changed, and specify why it should be changed.  If Student Support Services decides not to amend the record as requested by the parent or eligible student, Student Support Services 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 school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

    One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  FCPS defines a “school official” as:
    • A person employed by the Frederick County School Board.
    • A person appointed or elected to the School Board and serving in an official capacity.
    • A person employed by or under contract to the School Board to perform a special task, such as an attorney, auditor, medical consultant, or therapist.
    • A contract, consultant, volunteer, or other party to whom the school division has outsourced services or functions for which the school division would otherwise use employees and who is under the direct control of the school division with respect to the use and maintenance of education records. 

      A school official has a legitimate educational interest if the school official is performing a task that is:
       
    • Specified in his or her position description or by a contract agreement,
    • Related to a student’s education,
    • Related to the discipline of a student, or
    • Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.

      Upon request, FCPS will disclose 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.  
       
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by FCPS 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

Directory Information:

FERPA permits schools to disclose “directory information” to third parties without parent or eligible student consent, unless the student has been opted out of such disclosures by their parent or themself in accordance with FCPS procedures.  

FCPS has defined “directory information” to be the information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed.  “Directory information” includes the following:

  • Name
  • Photograph
  • Date and place of birth
  • Major field of study
  • Grad level
  • Enrollment status
  • Dates of attendance
  • Participation in official recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees
  • Honors
  • Awards
  • Scholarships received
  • Most recent educational institution attended
  • Education and/or career plans after graduation
  • Student identification number or other unique personal identifier used by a student for accessing or communicating in electronic systems if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identify, such as a personal identification number, password, or other factor known or possessed only by the authorized user. 

“Directory information” does NOT include the following:

  • Social security number
  • Address
  • Telephone listing
  • Email address

If parents or eligible students do not want Frederick County Public Schools to disclose directory information from their student’s or their educational records without first obtaining written consent, the parent or eligible student must notify FCPS in writing within one week of the first day of school.  A “Directory Information Opt-Out” form should be completed and submitted to the student’s principal.  

Other Permissible Disclosures of PII

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 –

  1. 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)(3) are met. (§ 99.31(a)(1))
     
  2. 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))
     
  3.  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)
     
  4. 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))
     
  5. 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))
     
  6. 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, if applicable requirements are met.  (§ 99.31(a)(6))
     
  7. To accrediting organizations to carry out their accrediting functions.  (§ 99.31(a)(7))
     
  8. To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§ 99.31(a)(8))
     
  9. To comply with a judicial order or lawfully issued subpoena if applicable requirements are met.  (§ 99.31(a)(9))
     
  10. To appropriate officials in connection with a health or safety emergency, subject to § 99.36.  (§ 99.31(a)(10))
     
  11. Information the school has designated as “directory information” if applicable requirements under § 99.37 are met.  (§ 99.31(a)(11))
     
  12. 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))
     
  13. 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))

 For more information, please see the following: