FERPA Notification of Rights

FERPA NOTIFICATION OF RIGHTS

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.  In a vast majority of cases, the Charter School Institute (“CSI”) will not be the first point of contact for accessing, reviewing, or amending student records. As an authorizer, CSI does not have control over specific student records; rather, each individual CSI School maintains the records of its students.  Accordingly, parents, guardians, and students over 18 should consult the FERPA policy of their respective CSI School if seeking to access student records.

In the limited instances where CSI does possess student records, CSI maintains such records in compliance with FERPA and all other applicable state and federal laws and regulations.  The rights afforded to parents and eligible students pursuant to FERPA are: 

1.  The right to inspect and review the student's education records within 45 days after the day the Charter School Institute receives a request for access. Parents or eligible students who wish to inspect their child’s or their education records should submit to csi_info@csi.state.co.us a written request that identifies the records they wish to inspect.  The Charter School Institute 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, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the Charter School Institute to amend their child’s or their education record should write to csi_info@csi.state.co.us, clearly identify the part of the record they want changed, and specify why it should be changed.  If the Charter School Institute decides not to amend the record as requested by the parent or eligible student, the Charter School Institute 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.

 

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 as defined by FERPA. A CSI official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

4.  The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Charter School Institute 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

See the list below of the disclosures that, in the very rare case, CSI may make for elementary and secondary students without consent.

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure.  Parents and eligible students have a right to inspect and review the record of disclosures. The Charter School Institute may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

 

  • To CSI officials within the educational agency or institution whom CSI has determined to have legitimate educational interests.  This includes contractors, consultants, volunteers, or other parties to whom CSI has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))

  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34.  (§ 99.31(a)(2))

  • 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 State educational agency (SEA) in the parent or eligible student’s State.  Disclosures under this provision may be made, subject to the requirements of § 99.35, 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 PII 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, if applicable requirements are met.  (§§ 99.31(a)(3) and 99.35)

  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as 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.  (§ 99.31(a)(4))

  • 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))

  • 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, if applicable requirements are met.  (§ 99.31(a)(6))

  • To accrediting organizations to carry out their accrediting functions.  (§ 99.31(a)(7))

  • To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§ 99.31(a)(8))

  • To comply with a judicial order or lawfully issued subpoena if applicable requirements are met.  (§ 99.31(a)(9))

  • To appropriate officials in connection with a health or safety emergency, subject to § 99.36.  (§ 99.31(a)(10)

  • Information the school has designated as “directory information” if applicable requirements under § 99.37 are met.  (§ 99.31(a)(11))

  • To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement.  (20 U.S.C. § 1232g(b)(1)(L)) 
  • To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring,  evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions.  (20 U.S.C. § 1232g(b)(1)(K))

For additional information on FERPA, please contact Trish Krajniak (trishkrajniak@csi.state.co.us).