515 Procedure Appendix A: Statement of Rights

Independent School District 279
Osseo Area Schools

Family Educational Rights and Privacy Act (FERPA)
STATEMENT OF RIGHTS
Required by 34 C.F.R 99.7

Parent/guardians/guardians and eligible students are hereby informed that they have the following rights regarding student records.

I.    The right to inspect and review the student’s education records. A parent/guardian or eligible student should submit to the district a written request to inspect education records which identify as precisely as possible the record or records they wish to inspect. The parent/guardian or eligible student will be notified of the time and place where the records may be inspected.

II.    The right to request the amendment of student education records that the parent/guardian or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. A parent/guardian or eligible student may ask the district to amend a record that they believe is inaccurate or misleading. The request must be in writing, identify the item the parent/guardian or eligible student believes to be the reason for this belief, and must specify the correction the parent/guardian or eligible student wishes the district to make. The request must be signed by the parent/guardian or eligible student. If the district decides not to amend the record as requested by the parent/guardian or eligible student, the district will notify the parent/guardian or eligible student of the decision and advise them of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.

III.    The right to provide written consent before the district discloses personally identifiable information contained in the student’s education records, except to the extent that federal or state law (See 34 C.F.R. §§ 99.31 to 99.38 and Minn. Stat. § 13.32 Subd. 3) permit disclosures without consent or as follows: 

A.    Disclosure to School Official with Legitimate Educational Interests: One exception which permits disclosure without written consent is disclosure to school officials with legitimate educational interests. A school official is a person duly elected to the School Board or employed or contracted by the district in an administrative, supervisory, instructional, or other professional position; managerial, clerical, operational, police liaison officer (while acting in the capacity of a liaison officer), student support, or paraprofessional position; a person employed or contracted by the district to perform a specific task or function (such as an attorney, auditor, public information officer or data practices compliance official, or consultant, for the period of his/her performance as an employee or contractor); a person employed by the district as a substitute in any qualifying position contained herein for the period of his/her performance as a substitute; and a person serving as a member of the Student Attendance Review Board for the period of his/her membership. A school official has a “legitimate educational interest” in education records directly related to classroom instruction, teaching, student achievement and progress, student discipline or conduct, student health and welfare or the ability to respond to a request for education data, including information relevant to the performance of projects and/or tasks necessary to the school official’s particular position description, employment, or contract agreement, or as assigned by the district; necessary to perform a supervisory or instructional task directly related to the student; necessary to perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement or student financial aid; necessary to perform a task directly related to responding to a request for education records; or necessary to provide appropriate intervention, verification of actions and services with respect to truant students and their families.

B.    Disclosure to Another School: Another exception is that, upon request, the district will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll, including information about disciplinary action taken as a result of any incident in which the student possessed or used a dangerous weapon, suspension and expulsion information and, if applicable, data regarding a student’s history of violent behavior. The records transferred also shall include a copy of any probable cause notice or any disposition or court order under Minn. Stat. §260B.171, unless the data are required to be destroyed under Minn. Stat. § 120A.22, Subd. 7(c) or Minn. Stat. §121A.75. 

IV.    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 20 U.S.C. 1232g and the regulations promulgated thereunder, the name and address of the office that administers the Family Education Rights and Privacy Act is:
    
    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue SW
    Washington, D.C. 20202-5920 

V.    The right to obtain a copy of the district’s policy regarding the protection and privacy of student education records.  An electronic version of the District’s Policy and Procedures 515 (Protection and Privacy of Education Records) is available on the district website. 

VI.    All rights and protections given parent/guardians under the above provisions transfer to an eligible student.

VII.   Parent/guardians or eligible students wishing access to or copies of the Student Records Policy and Procedure should present their request to the Principal or to the Superintendent of Schools.

Copies of this Statement of Rights will be made available to parents/guardians through official school publications. Copies are also available from the district administrative offices upon request.