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. “Parent” includes 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
- Date of school entry and withdrawal
- Results of school-wide tests
- School activities
- Counselor and teacher observation reports
- Special Education records for eligible students
- School disciplinary records
Student Records
The records of currently enrolled students are in the custody of the school principal. Records of students who have left the Olathe Public Schools (“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 information (PII) from the student’s education records. Prior written consent is not required, however, for certain disclosures, such as:
- of directory information as designated by the Olathe Public Schools;
- to school officials of the district with a legitimate educational interest in viewing the record;
- to officials of other schools or school systems 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;
- in connection with financial aid for which the student has applied or received;
- to institutions or organizations in connection with studies on behalf of the school district related to developing, validating, or administering students tests or programs;
- to appropriate officials in connection with a health or safety emergency;
- to authorized representatives of state/local/federal agencies in connection with audit or evaluation of federal or state supported programs;
- to comply with a lawfully issued judicial order or subpoena;
- to parents of an eligible student if parents claim the student as a dependent for income tax purposes;
- to an agency caseworker or representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan, if the agency or organization is legally responsible for the care and protection of a student;
- to accrediting organizations to carry out their accrediting functions, and
- to federal, state, or local officials or authorities for reporting or disclosures under law.
Accessing Educational Records
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.
Such requests should be submitted in writing by parents or eligible students to the school principal or Student Services and identify 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 and eligible students have the right to request the amendment of the student’s education records if the parent or eligible student believes they are inaccurate, misleading, or in violation of the student’s rights of privacy.
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 and eligible students 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 are:
- Student Privacy Policy Office
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202
Release of Student Information
The following information is designated as directory information by the school district:
- Name
- Address
- Telephone listing
- 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
Directory information may be released without prior parental consent unless a parent elects to opt out.
Opt Out of Directory Information
If a parent believes that 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. Online registration also provides an opportunity for a parent to opt out of the release of student directory information. Notification to a parent will be provided whenever educational records are transferred by the District to another educational institution, and reasonable effort to notify a parent of the disclosure will occur when the District is to comply with a judicial order or lawfully issued subpoena, unless prior notification is not allowed under law. 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 release of the following categories of information: 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 the release 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. Opting out is also available via online registration.
The school principal or designee will keep a list of all outside persons or agencies that have accessed a student’s records and the reasons for access. When a student becomes 18 years of age or is attending a post-secondary institution, all rights accorded to the parents will be accorded to the student.
