FERPA Notice

Challis Joint School District #181

Notification of Rights and Notice of Compliance

For Elementary and Secondary Schools SY 2018-19

 

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

  • The right to inspect and review the student's education records within 45 days after the day Challis Joint School District #181 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 the amendment of the student’s education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask Challis Joint School District #181 to amend a record should write the school principal, clearly identify the part of the record they want changed, and specify why it should be changed.  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 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 provide written consent before the school discloses personally identifiable information (PII) from 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) or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, audi­tor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer 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, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer. 
  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by Challis Joint School District #181 to comply with the requirements of FERPA. 

 

The Protection of Pupil Rights Amendment (PPRA) affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.  These include the right to:

  • Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED) –
    1. Political affiliations or beliefs of the student or student’s parent;
    2. Mental or psychological problems of the student or student’s family;
    3. Sex behavior or attitudes;
    4. Illegal, anti-social, self-incriminating, or demeaning behavior;
    5. Critical appraisals of others with whom respondents have close family relationships;
    6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
    7. Religious practices, affiliations, or beliefs of the student or parents; or
    8. Income, other than as required by law to determine program eligibility.
  • Receive notice and an opportunity to opt a student out of –
    1. Any other protected information survey, regardless of funding;
    2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
    3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
  • Inspect, upon request and before administration or use –
    1. Protected information surveys of students;
    2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
    3. Instructional material used as part of the educational curriculum.

 

These rights transfer from the parent(s) to a student who is 18 years old or an emancipated minor under State law.

 

Challis Joint School District #181 has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.  Challis Joint School District #181 will directly notify parents of these policies at least annually at the start of the each school year and after any substantive changes.  Challis Joint School District #181 will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey.  Challis Joint School District #181 will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time.  For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and provided an opportunity to opt their child out of such activities and surveys.  Parents will also be provided an opportunity to review any pertinent surveys.

 

Following is a list of the specific activities and surveys covered under this requirement:

  • Collection, disclosure, or use of personal information for marketing, sales or other distribution.
  • Administration of any protected information survey not funded in whole or in part by ED.
  • Any non-emergency, invasive physical examination or screening as described above.

 

Parents or eligible students who believe their rights have been violated in regards to FERPA or PPRA may file a complaint with:  Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5901.

 

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Challis Joint School District #181, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, Challis Joint School District #181 may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures.  The primary purpose of directory information is to allow Challis Joint School District #181 to include this type of information from your child’s education records in certain school publications.  Examples include:

  • The annual yearbook;
  • Honor roll or other recognition lists;
  • Graduation programs;
  • A playbill, showing your student’s role in a drama production; and
  • Sports activity sheets, such as for wrestling, showing weight and height of team members.

 

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent.  Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.  In addition, two federal laws require local education agencies (LEAs) receiving assistance under the Elementary and Secondary Act of 1965 (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.

 

Challis Joint School District #181 has designated the following information as directory information:  the student’s name, address, gender, grade level, date and place of birth, parents’/guardians’ names and addresses, academic awards, degrees, and honors, information in relation to school-sponsored activities, organizations, and athletics, major field of study, period of attendance in school and photograph.

 

If you do not want Challis Joint School District #181 to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 4, 2018.  To obtain an opt-out form, please contact the Challis High School and/or Elementary Secretaries, Challis Joint School District #181, P.O. Box 304, Challis, Idaho 83226 or by calling (208) 879-2255 or 879-2439. You may also pick up an opt-out form at any school building.

 

Pursuant to Public Law 92-318, notice is hereby given that the Title IX Officer for Challis Joint School District #181 is Kari Alexander.  Inquiries, complaints and information regarding Title IX should be directed to the Title IX Officer at 1000 E. Bluff Ave., Challis, Idaho 83226.