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Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Under FERPA parents/guardians of students under age 18, and students over age 18 (“eligible students”) have certain rights with respect to the education records of a student. If the student is 18 years old, even if living with the parent/guardian, student has all the rights under the Act. These rights are: The right to inspect and review their education records within 45 days that Wa He Lut Indian School receives a written report. The right to inspect the amendment of education records for a student that the parent or eligible student believes are inaccurate or misleading. If Wa He Lut Indian School decides not to amend the record, Wa He Lut Indian School will notify the parent/guardian 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/guardian or eligible student when notified to the right to a hearing. The right to consent to disclosure of personally identifiable information contained in the educational records of a student, except to the extent that FERPA authorizes disclosure without consent. Once exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by Wa He Lut Indian School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a student teacher; a person serving on the School Board; a person or company with whom Wa He Lut Indian School has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); an accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health or safety emergencies; 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; and state and local authorities, within a juvenile justice system, pursuant to a specific State law. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her responsibility. Upon request, Wa He Lut Indian School discloses education records without consent to officials of another school in which a student seeks to enroll. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Wa He Lut Indian School to comply with the requirements of FERPA. Written complaints should be directed to Family Policy Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington D.C. 20202. Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, the school must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.
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