Family Educational Rights and Privacy Act (FERPA)

Notice for Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the Benton County School System, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, the Benton County School System 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 Benton County School System to include this type of information from your child's education records in certain publications.

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 (LEA's) 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 without their prior written consent.¹

If you do not want the Benton County School System to disclose directory information from your child's education records without your prior written consent, you must notify your child's school in writing. The Benton County School System has designated the following information as directory information:

• Student's name
• Participation in officially recognized activities and sports
• Address
• Telephone listing
• Weight and height of members of athletic teams
• Photographs
• Date and place of birth
• Degrees, honors, and awards received
• Major field of study
• The most recent educational agency or Institution attended
• Dates of attendance
• Grade level
  

The No Child Left Behind (NCLB) FERPA requirements afford parents and students over 18 years of age certain rights with respect to a student's education records. The Benton County School System does not deny eligible persons the right to inspect, review, or seek to amend education records. District procedures are stated in School Board Policy JR and are available from each school.

Upon request, Benton County Schools will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll. Disciplinary records, with respect to a suspension or expulsion, are transferred as required by Section 4155, as amended by NCLB.

Parents who feel their rights have been violated may file a complaint with:

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¹These 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. 107-1107), the legislation that provides funding for the Nation's armed forces.