Students Rights -- Student Records And Privacy
1. What are student records, and what is in mine?
Schools keep records of each student’s academic and personal progress. The records may include academic grades, teacher evaluations, disciplinary actions, attendance records, test scores and health records. A federal law, the Family Educational Rights and Privacy Act, commonly called “FERPA,” gives parents access to student records. (If you’re 18 or over, you have the right to access your own records.) It also prevents the release of your records to others without written consent.
2. Are my student records private?
Generally, yes. The school must get written consent before it can disclose your records to anyone. In certain cases, schools can disclose your records without prior consent to:
• school officials who have “legitimate educational interests”
• another school, if you transfer
• a court to comply with a court order
• financial aid personnel (financial records)
Certain identifying and contact information, often called “directory information,” has less protection and can be released without prior written consent unless your parent requests in advance that it not be given out. Your student handbook or school district’s policy should tell you what information your school releases as directory information. Typically, it’s your name, address, honors and awards received, dates of attendance, current grade, participation in activities and sports, and weight and height of members of athletic teams.
3. What about records concerning sensitive matters such as HIV status or abortion?
These are private, and are actually protected by a higher standard. Such private records include HIV status or other sexually transmitted diseases, drug or alcohol treatment, mental health treatment, and family planning or abortion.
4. Do military recruiters have access to my records?
Yes, unless you opt out. A section of the federal “No Child Left Behind Act” gives military recruiters access to the names, addresses, and telephone numbers of high school students (Grades 9 and up). The law requires schools to give the information to military recruiters upon request unless you or your parents have opted out of having your information disclosed. The school must give your parents (or you, if you are over 18) annual advance notice of the right to opt out and information about how and when to do it. Under Vermont law, schools must also allow you to opt out of the military receiving your information without requiring you to opt out of colleges or job recruiters receiving your information. See the special Military Recruitment Of High School Students page elsewhere on our Web site for more information. If your information was given to the military before you had a chance to opt out and you want to remove your name from the military’s lists, you must contact the company that operates the Pentagon’s JAMRS database. Visit the Leave My Child Alone Web site for contact information and an opt-out letter.
5. Can I see my records?
You and your parents have the right to see most of your student records. Once your request is made, the school has five school business days to comply unless it gives you a written explanation for why it cannot. In no case can the school delay beyond 45 days. Certain records may be withheld, including notes from a teacher, records of students’ post-graduate activities, personnel records of school employees, and the records of a school where a student applied but never attended. Adult students may be denied access to psychiatric records, recommendation letters, and parents’ financial records.
Students Rights Handbook index:
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