The Family Educational Rights and Privacy Act (FERPA) affords parents of students under 18 years of age, emancipated students, dependent students, and students 18 years of age or older or attending a post-secondary institution ("eligible students") certain rights with respect to the student's education records. These rights are:
(1) The right to inspect and review or receive a copy under certain circumstances of the student's education records within 45 days after BOCES receives a request for access. Parents or eligible students should submit to the appropriate BOCES official a written request that identifies the record(s) they wish to inspect. The BOCES 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 an amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or a violation of the student’s privacy rights. Parents or eligible students may ask the BOCES to amend a record that they believe is inaccurate, misleading or a violation of the student’s privacy rights. They should write the appropriate BOCES official; clearly identify the part of the record they want amended, and specify why the information is inaccurate, misleading or an invasion of privacy. If BOCES decides not to amend the record as requested by the parent or eligible student, BOCES 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 provide written consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. There are a number of exceptions. One exception, which permits disclosure without consent, is disclosure to BOCES officials and home school district officials with legitimate educational interests. A BOCES official and/or home school district official is a person employed by the BOCES or home school 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 BOCES or home school district board; a person, contractor, company, or volunteer with whom the BOCES or home school district has contracted to perform a special task (such as the vendor of a remote meeting/platform, an attorney, auditor, medical consultant, therapist, or records retention service); 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/her/their tasks. A BOCES official or home school district official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her/their professional responsibility. A second exception is upon request, the BOCES discloses, that is transfers, education records including disciplinary records without consent, to officials of another public or private school district or post-secondary school in which the student seeks or intends to enroll, is instructed to enroll or is already enrolled in. Parent and eligible students have a right to inspect and review a record if disclosure is for purposes of transfer or enrollment.
Other exceptions are as follows:
To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the New York State Education Department.
Disclosures under this provision may be made in connection with an audit or evaluation of Federal- or
State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of personally identifiable information to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
To organizations conducting studies for, or on behalf of, the school, in order to:
a. Develop, validate, or administer predictive tests;
b. Administer student aid programs; or c. Improve instruction.
To accrediting organizations to carry out their accrediting functions.
To parents of an eligible student if the student is a dependent for IRS tax purposes.
To comply with a judicial order or lawfully issued subpoena provided notice is provided in advance of compliance except that an order or subpoena issued in a proceeding of child abuse and neglect or dependency and the parent is a party to the proceedings no advance notice is required.
To a caseworker for the NYS department or County welfare agency who is legally responsible for the care and protection of the student and has access to the child’s case plan provided the records and or personally identifiable information will not be disclosed by the agency except to an individual or entity engaged in addressing the student’s education needs and authorized by the agency to receive such disclosure in accordance with New York State Law.
New York State requires student teachers to videotape themselves providing instruction in a classroom to meet their instruction component for their teaching certification. The video is and must remain confidential and is not subject to viewing or disclosure to an individual or entity other than the student teacher applicant and relevant personnel. This is an exception to parental consent for release of education records under FERPA per New York State Law.
To appropriate officials in connection with a health or safety emergency.
To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to § 99.38. (§ 99.31(a)(5)).
BOCES has designated limited directory information only to be released to federal, state, or local law enforcement for any reason where they seek a student’s address, telephone listing, email address and/or photograph.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by
BOCES 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 20202-5920
BOCES 2 Policy & Regulation 6470 and 6320 fully details the procedures and rights of parents and can be found under the community tab at www.monroe2boces.org/parentpacket