Student Rights
Student Privacy Rights
Cape Flattery School District # 401 wishes to inform the public that the Family Education Rights and Privacy Act of 1974 require schools to notify parents that schools maintain official records regarding their child which includes information deemed necessary to the welfare of students. Student records are the property of the school district; however, parents or students eighteen years of age or older may inspect the records by contacting the school principal. With very few exceptions, as provided by law, the school will not release information regarding your child to other persons or organizations except on your written, signed consent. However, the law does permit the district to release certain information, known as “directory information” for non-commercial use without the parent’s permission. Such information is limited to the following: name; address and telephone; date and place of birth; grade level; school attended; major field of study; records of participation in school activities and sports; weight and height of team members; dates of attendance; awards and honors received; and most recent school attended.
The Act grants you the right to request that “directory information” regarding your child not to be released without your prior consent. If you wish to request the school to withhold “directory information” regarding your child, you must request so in writing.
PARENTAL NOTICE
Pursuant to Chapter RCW 42.17, parents and other members of the public have the right to inspect and copy public records retained by the District, including records pertaining to employee discipline, unless the records are exempt from public disclosure under state law.
Family Educational Rights and Privacy Act (FERPA) for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are:
(1) The right to inspect and review the student’s education records within 45 days of the day the School receives a request for access.
Parents or eligible students should submit to the School principal [or 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.
(2) The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.
Parents or eligible students may ask the School to amend a record that they believe is inaccurate or misleading. They should write the School principal [or appropriate official], clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
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 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 contracted to perform a special task (such as an attorney, auditor, medical 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 education record in order to fulfill his or her professional responsibility.
Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or eligible student of the records request unless it states in its annual notification that it intends to forward records on request.] This serves as notice that the district will forward records to another school district in which a student seeks to enroll.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School 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
* State Law Qualification: Although FERPA allows 45 days to honor a request, the state policy records law requires an appropriate response to a “public records” request within five business days. RCW 42.17.320