Notification of Rights Under FERPA – (http://familypolicy.ed.gov/content/model-notification-rights-under-ferpa-elementary-and-secondary-schools)

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 Elkhorn Public Schools receives a request for access.
    Parents or eligible students should submit to the school principal (or appropriate school offi¬cial) a written request that identifies the records 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.
  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 Elkhorn Public Schools to amend a record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school 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 con¬sent as set forth below.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Elkhorn Public Schools to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Office of the Chief Privacy Officer
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

FERPA permits the disclosure of personally identifiable information 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 personally identifiable information 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 personally identifiable information 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))

Notice of Directory Information – http://familypolicy.ed.gov/content/ferpa-model-notice-directory-information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Elkhorn Public Schools with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Elkhorn Public Schools may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Elkhorn Public Schools to include this type of information from your child’s education records in certain school publications. Examples include:

  • A playbill, showing your student’s role in a drama production;
  • The annual yearbook;
  • Honor roll or other recognition lists;
  • Graduation programs; and
  • Sports activity sheets, such as for wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) 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 (Section 9528 of the Elementary and Secondary Education Act (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).

If you do not want the Elkhorn Public Schools to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 1st annually. The Elkhorn Public Schools has designated the following information as directory information:

  • Student’s name
  • Address
  • Telephone listing
  • Electronic mail address
  • Participation in officially recognized activities and sports
  • Weight and height of athletic teams
  • Honors and awards received
  • Photograph
  • Date and place of birth
  • The most recent educational agency or institution attended
  • Major field of study
  • Dates of attendance
  • Grade level

Notice Concerning Designation of Law Enforcement Unit

The district designates the Omaha Police Department and Douglas County Sheriff Department as the district’s “law enforcement unit” for purposes of (1) enforcing any and all federal, state or local law, (2) maintaining the physical security and safety of the schools in the District, and (3) maintaining safe and drug free schools.

Legal Reference:
20 U.S.C. § 1232g (1994), 34 CFR Pt. 99 300 560-574 (1996)

Proposed Adoption: November 13, 2017