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. They are:
- The right
to inspect and review the student’s education records within 45 days of
the day the district 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 principal 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 Acton-Boxborough
Regional Schools amend the student’s education records that the parent
or eligible student believes are inaccurate or misleading. They should
write the school principal, clearly identify the part of the record they
want changed, and specify why it is inaccurate or misleading. If the
district decides not to amend the record as requested by the parent or
eligible student, the district 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 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 district 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 Committee; a
person or company with whom the district 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.
- 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 FERPA. The name and address of the
office that administers FERPA is Family Policy Compliance Office, U. S.
Department of Education, 400 Maryland Avenue, SW, Washington, DC
20202-8520.
Access to student records is also subject the
Massachusetts Student Record Regulations, which regulations are similar to FERPA.
See 603 CMR 23.00. However,
603 CMR 23.07 states “The eligible student or the parent, subject to
the provisions of 603 CMR 23.07(5), shall have access to the student
record. Access shall be provided as soon as practicable and within ten
(10) days after the initial request, except in the case of noncustodial
parents as provided in 603 CMR 23.07(5). Upon request for access, the
entire student record regardless of the physical location of its parts
shall be made available.