Notice of Confidentiality Rights under FERPA

  • The Family Educational Rights and Privacy Act (FERPA) affords parents and students 18 years of age and older ("eligible students") certain rights with respect to the student's educational records. These rights are:

    (1) The right to inspect and review the student's educational records within 45 days of the day the school district receives a request for access.

    Parents or eligible students should submit to the school principal [or other appropriate school official] 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 school official will be present at the time the record(s) are inspected to provide assistance and help interpret the records. Educational records do not include school district staff working files and anecdotal records.

    Parents or eligible students may also request copies of special education records by contacting the Special Services records clerk at 913-780-7347. The school district may charge a reasonable fee and may take a reasonable time to provide the copies to the parents. While test protocols that contain personally identifiable information directly related to a student are educational records that a parent has a right to inspect and review, in most cases a parent would not have a right to a copy of a test protocol due to copyright infringement.

    (2) The right to request the amendment of the student’s educational records that the parent or eligible student believes are inaccurate.

    Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it is inaccurate. 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.

    (3) The right to consent to disclosures of personally identifiable information contained in the student's educational 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 ad-ministrator, 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 contracted to perform a special task (such as an attorney, auditor, medical or behavior consultant, or therapist); or a parent 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 educational record in order to fulfill his or her professional responsibility.

    Upon request, the school will disclose educational records without consent to officials of another Kansas school district in which a student seeks or intends to enroll.

    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, and the 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 by notifying the school principal.

    (4) 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:

    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202-5901

    For more information concerning confidentiality, please see the Olathe Public Schools' Parent Handbook and request a copy of your Parent Rights in Special Education (Procedural Safeguards) from the school or from the Kansas State Department of Education at 800-203-9462 or by visiting the KSDE website..

    Notice of Destruction of Special Education Records: Special education records for each child with an exceptionality are maintained by the school district until no longer needed to provide educational services to the child. This notice is to inform you that the special education records in the possession of individual teachers will be destroyed three years after they are no longer needed to provide educational services to the child or following program completion or graduation from high school. Special education records maintained in the district's central file will be destroyed within five years after they are no longer needed to provide educational services to the child or following program completion or graduation from high school, unless the student (or the student's legal guardian) has taken possession of the records prior to that time.