Notification of Rights Under the Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords
parents/guardians and students over 18 years of age ("eligible
students") certain rights with respect to the student's education
records. These rights are:
- The right to inspect and review the student's education records within 45 days of the day MCPS receives a request for access.
Parents or eligible students should submit to the school principal a
written request that identifies 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.
- The right to request the amendment of the student's education
records that the parent/guardian or eligible student believes are
inaccurate, misleading, or otherwise in violation of the student's
privacy rights under FERPA.
Parents/guardians or eligible
students who wish to ask the MCPS to amend a record should write the
school principal, 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
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.
- The right to privacy of personally identifiable information in 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. A school official is a person employed
by the school 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 school has outsourced services or functions it
would otherwise use its own employees to perform (such as an attorney,
auditor, medical consultant, or therapist); a parent or student serving
on an official committee, such as a disciplinary or grievance committee;
or a parent, student, or other volunteer 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, MCPS discloses education records
without consent to officials of another 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.
- The right to file a complaint with the U.S. Department of Education
concerning alleged failures by MCPS to comply with the requirements of
FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office, U.S. Department of Education, 400
Maryland Avenue, SW, Washington, DC 20202-8520.