Family Education Rights & Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) gives parents and eligible students certain rights concerning student education records.

An “eligible student” is a student who is 18 years of age or older or who attends a postsecondary institution. When a student becomes eligible, FERPA rights transfer from the parent to the student.

These rights include:

1. Right to Inspect and Review Education Records

Parents and eligible students have the right to inspect and review the student’s education records within 45 days after Central Vermont Supervisory Union or one of its member districts receives a request for access.

A parent or eligible student who wishes to inspect education records should submit a written request to the student’s school principal. The request should identify the records to be inspected.

The school will make arrangements for access and notify the parent or eligible student of the date, time, and location or manner in which the records may be inspected.

2. Right to Request Amendment of Education Records

Parents and eligible students have the right to request amendment of education records they believe are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A parent or eligible student requesting an amendment should write to the student’s school principal, clearly identify the portion of the record to be changed, and explain why it should be changed.

If CVSU or the member district decides not to amend the record as requested, the parent or eligible student will receive written notice of the decision and information about the right to a hearing. Additional information about the hearing process will be provided when the parent or eligible student is notified of the decision.

3. Right to Consent to Disclosure

Parents and eligible students have the right to provide written consent before CVSU or a member district discloses personally identifiable information from a student’s education records, except when FERPA permits disclosure without consent.

School Officials with Legitimate Educational Interests

FERPA permits disclosure without consent to school officials who have legitimate educational interests.

A school official may include:

• An administrator, supervisor, teacher, instructor, or other employee of CVSU or a member district;
• A school nurse, health professional, counselor, or other student-support employee;
• A member of a school board;
• A contractor, consultant, volunteer, or other outside party performing an institutional service or function for which CVSU or the school would otherwise use employees, provided the party is under the direct control of CVSU or the school regarding the use and maintenance of education records;
• An attorney, auditor, medical consultant, therapist, evaluator, or technology-service provider;
• A parent or student serving on an official committee, such as a disciplinary, grievance, or safety committee; or
• A parent, student, volunteer, or other person assisting another school official in performing an authorized task.

A school official has a legitimate educational interest when the official needs to review an education record to fulfill a professional, contractual, supervisory, administrative, instructional, support, safety, or other authorized responsibility for CVSU or a member district.

Parties receiving education records under the school-official exception must use the records only for the authorized purpose and may not redisclose personally identifiable information except as permitted by FERPA.

Enrollment and Transfer Records

Upon request, CVSU or a member district may disclose education records without consent to officials of another school, school system, or postsecondary institution in which the student seeks or intends to enroll, or is already enrolled, when the disclosure is related to the student’s enrollment or transfer.

CVSU and its member districts will forward such records upon request without providing additional notice to the parent or eligible student for each disclosure.

4. Right to File a Complaint

Parents and eligible students have the right to file a complaint with the U.S. Department of Education concerning an alleged failure by CVSU or a member district to comply with FERPA.

Complaints may be submitted to:

Information about filing a complaint is available through the U.S. Department of Education Student Privacy Policy Office.

Other Disclosures Permitted Without Consent

FERPA permits CVSU and its member districts to disclose personally identifiable information from education records without prior written consent when the disclosure satisfies an exception contained in federal law.

Depending on the circumstances and applicable requirements, permitted disclosures may include:

• Disclosures to school officials with legitimate educational interests;
• Disclosures to another school, school system, or postsecondary institution related to a student’s enrollment or transfer;
• Disclosures to authorized representatives of the U.S. Comptroller General, U.S. Attorney General, U.S. Secretary of Education, or state and local educational authorities for an authorized audit, evaluation, enforcement, or compliance activity;
• Disclosures related to financial aid for which a student has applied or received;
• Disclosures to state or local officials authorized by law concerning the juvenile justice system;
• Disclosures to organizations conducting certain studies for or on behalf of CVSU or a member district, when applicable FERPA requirements are met;
• Disclosures to accrediting organizations;
• Disclosures to parents of an eligible student when the student is a dependent for federal income-tax purposes;
• Disclosures required by a judicial order or lawfully issued subpoena, subject to applicable notice requirements;
• Disclosures to appropriate parties in connection with a health or safety emergency;
• Disclosures of information designated as directory information after applicable notice and opt-out requirements have been satisfied;
• Disclosures to an authorized child-welfare agency or tribal-organization representative who is legally responsible for a student in foster care placement; and
• Disclosures to the U.S. Secretary of Agriculture or an authorized representative of the Food and Nutrition Service for authorized monitoring, evaluation, or performance-measurement activities involving federal child-nutrition programs.

Except when FERPA provides otherwise, CVSU or the school will maintain a record of requests for and disclosures of personally identifiable information from a student’s education records. Parents and eligible students have the right to inspect the record of disclosures.

Directory Information

CVSU may disclose information it has designated as directory information unless a parent or eligible student submits a timely written opt-out request.

The directory-information categories, permitted uses, opt-out deadline, and submission instructions are provided in the CVSU Personally Identifiable Information and Directory Information Notice.

Questions and Requests for Copies

Questions about FERPA, education records, or this notice may be directed to the student’s school principal or:

Families and eligible students may request a paper copy, translated copy, or accessible-format copy of this notice by contacting the student’s school office or CVSU Central Office.