Student Records: Access and Challenge Annual Notice
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, including:
The right to inspect and review the student’s education records within 45 days of the day the school district receives a request for access.
Parents of students or eligible students may inspect and review the student's education records upon request. Such request shall be in writing, to the Superintendent of Schools or designee, identifying as precisely as possible, the record or records which s/he wishes to inspect. The student's records will be made available for review promptly, and in any event within 45 days of such written request. The parent or eligible student will be notified of the time and place where the records may be inspected. No documents may be removed from school premises.
When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.
The right to request the amendment of the student’s education records that the parent/ guardian or eligible student believes are inaccurate or misleading:
Parents/Guardians or eligible students may ask the school district to amend a record that they believe is inaccurate or misleading. They should write to the Superintendent, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading or violates the privacy or other rights of the student. The Superintendent will provide a written response within ten (10) working days of receipt of the written challenge, indicating whether or not the challenged material will be corrected or deleted. If the request is denied, the Superintendent shall advise the parent or eligible student of their right to a hearing to challenge the decision. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.
The right to consent to disclosures of personally identifiable information contained 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. School officials include administrators, teachers, support staff, board members, and persons employed by or under contract with the school district to perform a special task. A legitimate educational interest shall include performing a task that is specified in his or her job description or by contract, performing a task related to a student's education or the discipline of a student, or providing a service or benefit related to the student or student's family, such as health care, counseling, or job placement. Upon request, the school district discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
If you have any questions regarding the access to student information, please contact the Superintendent’s office (845) 463-7800.
Print FERPA Release Form
For more information
PPRA (Protection of Pupil Rights Amendment)
In accordance with the provisions of the No Child Left Behind Act, the Spackenkill Union Free School District hereby enacts the following policy:
1. Third party surveys - parents shall have the right, upon request, to inspect a third party (non-U.S. Dept. of Education) survey before the surveys administered are distributed by the District to students.
2. In the event that a third party survey contains any of the following types of information:
- political affiliations or beliefs of the student or the student’s parent;
- mental and psychological problems of the student or the student’s family;
- sex behavior or attitudes;
- illegal, antisocial, self-incriminating; demeaning behavior;
- critical appraisals of other individuals with whom respondents have close family relationships;
- legally recognized privileged or analogous relationships such as those of lawyers, physicians and ministers;
- religious practices, affiliations, or beliefs of the student with student’s parent;
- income (other than that required by law to determine eligibility for participation in the program or for receiving financial assistance under such program)
then the District will protect the privacy of the student in the event of administration of such a test, including by allowing parents to inspect the survey prior to administration and by advising the students that their responses should contain no personally identifiable information. The provision of this paragraph shall not apply to any survey administered to a student in accordance with the Individuals with Disabilities Education Act.
3. Parents shall have the right to inspect, upon request, instructional material used as part of the educational curriculum for students. The request should be made in writing and directed to the Office of the Director of Curriculum and Instruction. The response will be provided within a reasonable period of time from the date of receipt of the request. Instructional materials include material provided to a student regardless of format, including printed or representational materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
4. With regard to administration of physical examinations or screening that may be administered to students, parents shall have the opportunity to opt out of any non-emergency, invasive physical examination or screening that is required as a condition of attendance and administered by the school and scheduled by the school in advance and not necessary to protect immediate health and safety of the student, or other students. For these purposes, “invasive physical examination” means any medical examination that involves exposure of private body parts, or any act or such examination that includes incision, insertion or injection into the body, but does not include a hearing, vision or scoliosis screening. Additionally, this paragraph does not apply to any examination or screening that is permitted or required by New York State Law, including such examinations or screenings permitted without parental notification.
5. The District will not provide personal information collected from student for purpose of marketing or selling.
6. The parent shall have the right to inspect, upon written request, any instrument used in the collection of personally identifiable information from students that may be used for marketing or selling.
7. The District will provide annual notification to parents that they have the right to “opt out” of third-party surveys as described Paragraph II or physical examinations or screenings as described in Paragraph IV, and activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling the information, or otherwise providing that information to others for that purpose.