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APPENDIX L

The Family Educational Rights and Privacy Act (FERPA)
Notice to Parents/Guardians and Students of Their Rights Concerning a Student’s School Records

The District maintains two types of school records for each student: permanent record and temporary record. These records may be integrated.

The permanent record shall include:
  • Basic identifying information, including the student’s name and address, birth date and place, gender, and the names and addresses of the student’s parent(s)/guardian(s)
  • Academic transcripts, including grades, class rank, graduation date, grade level achieved, and scores on college entrance examinations
  • Attendance record
  • Accident and health reports
  • Record of release of permanent record information in accordance with 105 ILCS 10/6(c)
  • Scores received on all State assessment tests administered at the high school level (that is, grades 9 through 12)
The permanent record may include:
  • Honors and awards received
  • School-sponsored activities and athletics
  • No other information shall be kept in the permanent record. The permanent record shall be maintained for at least 60 years after the student graduated, withdrew, or transferred.
All information not required to be kept in the student permanent record is kept in the student temporary record and must include:
  • A record of release of temporary record information in accordance with 105 ILCS 10/6(c)
  • Scores received on the State assessment tests administered in the elementary grade levels (that is, kindergarten through grade 8)
  • Information regarding serious infractions (that is, those involving drugs, weapons, or bodily harm to another) that resulted in expulsion, suspension, or the imposition of punishment or sanction
  • Information provided under the Abused and Neglected Child Reporting Act (325 ILCS 5/8.6), including any final finding report received from a Child Protective Service Unit
  • Completed home language survey
The temporary record may include:
  • Family background information
  • Intelligence test scores, group and individual
  • Aptitude test scores
  • Reports of psychological evaluations, including information on intelligence, personality and academic information obtained through test administration, observation, or interviews
  • Elementary and secondary achievement level test results
  • Participation in extracurricular activities, including any offices held in school-sponsored clubs or organizations
  • Honors and awards received
  • Teacher anecdotal records
  • Other disciplinary information
  • Special education files, including the report of the multidisciplinary staffing on which placement or non-placement was based, and all records and tape recordings relating to special education placement hearings and appeals
  • Verified reports or information from non-educational persons, agencies, or organizations
  • Verified information of clear relevance to the student’s education

The Family Educational Rights and Privacy Act (FERPA) and the Illinois Student Records Act afford parents/guardians and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. They are:

  1. The right to inspect and copy the student’s education records within 15 school days of the day the District receives a request for access. The degree of access a student has to his or her records depends on the student’s age. Students less than 18 years of age have the right to inspect and copy only their permanent record. Students 18 years of age or older have access and copy rights to both permanent and temporary records. Parents/guardians or students should submit to the Building Principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent(s)/guardian(s) or student of the time and place where the records may be inspected. The District charges $.35 per page for copying but no one will be denied their right to copies of their records for inability to pay this cost.

    These rights are denied to any person against whom an order of protection has been entered concerning a student (105 ILCS 5/10-22.3c and 10/5a, and 750 ILCS 60/214(b)(15).
     
  2. The right to request the amendment of the student’s education records that the parent(s)/ guardian(s) or eligible student believes are inaccurate, misleading, irrelevant, or improper. Parents/guardians or eligible students may ask the District to amend a record that they believe is inaccurate, misleading, irrelevant, or improper. They should write the Building Principal or records custodian, clearly identify the record they want changed, and specify the reason.

    If the District decides not to amend the record as requested by the parents/guardians or eligible student, the District will notify the parents/guardians or eligible student of the decision and advise him or her of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent(s)/guardian(s) or eligible student when notified of the right to a hearing.
     
  3. The right to permit disclosure of personally identifiable information contained in the student’s education records, except to the extent that the FERPA or Illinois School Student Records Act authorizes disclosure without consent. Disclosure is permitted without consent to school officials with legitimate educational or administrative interests. A school official is a person employed by the 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 District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or any parent(s)/guardian(s) or student serving on an official committee, such as a disciplinary or grievance committee, or 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.

    Upon request, the District discloses education records without consent to officials of another school district in which a student has enrolled or intends to enroll, as well as to any person as specifically required by State or federal law. Before information is released to these individuals, the parents/guardians will receive prior written notice of the nature and substance of the information, and an opportunity to inspect, copy, and challenge such records.

    When a challenge is made at the time the student’s records are being forwarded to another school to which the student is transferring, there is no right to challenge: (1) academic grades, or (2) references to expulsions or out-of-school suspensions.

    Disclosure is also permitted without consent to: any person for research, statistical reporting or planning, provided that no student or parent(s)/guardian(s) can be identified; any person named in a court order; appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons; and juvenile authorities when necessary for the discharge of their official duties who request information before adjudication of the student.
     
  4. The right to a copy of any school student record proposed to be destroyed or deleted. Student records are reviewed every 4 years or upon a student’s change in attendance centers, whichever occurs first.
     
  5. The right to prohibit the release of directory information concerning the parent’s/ guardian’s child. Throughout the school year, the District may release directory information regarding students, limited to:
    • Name
    • Address
    • Gender
    • Grade level
    • Birth date and place
    • Parents’/guardians’ names and addresses
    • Academic awards, degrees, and honors
    • Information in relation to school‑sponsored activities, organizations, and athletics
    • Major field of study
    • Period of attendance in school

Any parent/guardian or eligible student may prohibit the release of any or all of the above information by delivering a written objection to the Building Principal within 30 days of the date of this notice. No directory information will be released within this time period, unless the parents/guardians or eligible student is specifically informed otherwise.

A photograph of an unnamed student is not a school record because the student is not individually identified. The District shall obtain the consent of a student’s parents/guardians before publishing a photograph or videotape of the student in which the student is identified.

  1. The right to request that military recruiters or institutions of higher learning not be granted access to your secondary school student’s name, address, and telephone numbers without your prior written consent. Federal law requires a secondary school to grant military recruiters and institutions of higher learning, upon their request, access to secondary school students’ names, addresses, and telephone numbers, unless the parents/guardians request that the information not be disclosed without prior written consent. If you wish to exercise this option, notify the Building Principal where your student is enrolled for further instructions.
     
  2. The right contained in this statement: No person may condition the granting or withholding of any right, privilege or benefits or make as a condition of employment, credit, or insurance the securing by any individual of any information from a student’s temporary record which such individual may obtain through the exercise of any right secured under State law.
     
  3. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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  20202-4605

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