Family Educational Rights and Privacy Act (FERPA)
Notification of Rights under FERPA for Elementary and Secondary Schools
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 the school principal receives a request for access.
Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal a written request that identifies the records 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.
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 school or district to amend their child’s or their education 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 or school district 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, contractor, or consultant who, while not employed by the school, performs an institutional service or 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; 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 or 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 the Montclair Public School District 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
Notice of Directory Information
The Family Educational Rights and Privacy Act (FERPA) requires that the Montclair Public School District, with certain exceptions, obtain your consent prior to the disclosure of personally identifiable information from your child’s educational records. However, the district may disclose appropriately designated “directory information” without written consent, unless you have advised the district to the contrary. The primary purpose of directory information, with is information that is generally not considered harmful or an invasion of privacy if released, is to allow the district to district to include this type of information in certain school publications. Examples include:
- A playbill or concert program showing your student’s role or listing your student’s name
- The annual yearbook
- Honor roll or other recognition lists
- Graduation or “stepping up” programs
- Sports activity sheets, such as for wrestling, showing the weight and height of team members.
Directory information 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, our school Parent Teacher Associations (PTAs) to facilitate PTA outreach and development of school directories, and the Montclair Public Library, to facilitate creation and mailing of free library cards for Montclair students. The district also may provide directory information to area news organizations to highlight our student’s accomplishments (e.g., National Merit Semifinalists, winners in scholastic competitions, athletics).
The Montclair Public School District has designated the following information as directory information:
- Student name
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- Parent/guardian name
- Telephone listing
- Electronic mail address
- Honors and awards received
- Date of birth
- Dates of attendance
If you do not want the Montclair Public School District to disclose any of the above-listed directory information about your child, please log on to Parent Access and follow the directions below to opt out no later than September 19, 2016, otherwise you do not have to take any action. If you do not notify us we will assume you are giving permission.
Parent Access directions
Log on to your Parent Access account.
Click on the forms tab at the top of the screen (shown below) and select forms. You only have to do this for one of your children. By filling out the form for one child, all of your children are automatically opted out.
Click on the form called "Publication of Directory information opt out."
At the bottom of the screen check off the box next to the Opt out statement.
Check the box that says the form is ready for final submission.
Click "Update Answers" (see image below.)
Click yes to the pop up box.