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Parent Rights

PPRA:  Protection of Pupil Rights Amendment

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that McPherson USD 418, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records.  However, McPherson USD 418 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 the McPherson USD 418 to include this type of information from your child’s education records in certain school publications.  Examples include:
  • a playbill, showing your student’s role in a drama production;
  • the annual yearbook;
  • honor roll or other recognition lists;
  • graduation programs; 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 educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed to military recruiters without their prior written consent.  

If you do not want McPherson USD 418 to disclose directory information about your child without your prior written consent, you must notify the your child’s school in writing by the first Tuesday after Labor Day.  McPherson USD 418 has designated the following information as directory information: student's name, address, telephone number, picture, parent or guardian, date and place of birth, major field of study, weight, height, participation in and eligibility for officially recognized activities and sports, dates of attendance or grade placement, honors and awards received, and the most recent educational agency or school attended by the student.

These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation’s armed forces.

March 2005

Notification of Protection of Pupil Rights Amendment (PPRA)
 
The Protection of Pupil Rights Amendment (PPRA) affords parents and students who are 18 or emancipated minors (“eligible students”) certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
1.0         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 United States Department of Education:
        1.1         Political affiliations or beliefs of the student or student’s parent;
        1.2         Mental or psychological problems of the student or student’s family;
        1.3         Sex behavior or attitudes;
        1.4         Illegal, anti-social, self-incriminating, or demeaning behavior;
        1.5         Critical appraisals of others with whom respondents have close family relationships;
        1.6         Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
        1.7         Religious practices, affiliations, or beliefs of the student or parents; or
        1.8         Income, other than as required by law to determine program eligibility.
2.0           Receive notice and an opportunity to opt a student out of:
          2.1           Any other protected information survey, regardless of funding;
          2.2           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
          2.3           Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
3.0           Inspect, upon request and before administration or use:
          3.1           Protected information surveys of students;
          3.2           Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
          3.3           Instructional material used as part of the educational curriculum.
The right to file a complaint with the United States Department of Education concerning alleged failures by the school to comply with the requirements of PPRA. The office that administers PPRA is the following:
 
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

Notification of Family Educational Rights and Privacy Act
 
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 include the rights to:
1.0         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 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.
2.0         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, 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.
3.0         Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without con-sent. 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.
4.0         File a complaint with the United States Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The office that administers FERPA is the following:
 
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605