District 106 Notification of Parent and Eligible Student Rights under FERPA

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:

  1. The right to inspect and review the student's education records within 45 days after the day District 106 receives a request for access.
  1. 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.
  1. 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.
  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District 106 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

It is the practice of District 106 not to share personally identifiable student information with outside entities unless absolutely necessary to further its educational mission. PII must be shared with district employees, contractors, state and/or federal agencies, or other individuals or groups who have a legitimate educational interest in that information from time to time.  District 106 examines each request for information carefully to determine if every request relates to a legitimate educational interest.

If District 106 determines that a legitimate educational interest exists, 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.  A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

Individuals and/or entities listed below are considered to have a legitimate educational interest in the PII of students at District 106:

District 106 Declaration of Directory Information

Under FERPA, a student's directory information may be released to an inquirer, outside District 106, unless the student specifically requests that directory information be withheld. However, FERPA does not require directory information be released upon request. It is at the discretion of the institution. It is District 106’s practice not to provide mailing lists to third parties. 

Any information not specifically listed as directory information is considered non-directory information.

What is Directory Information?

FERPA defines "directory information" as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. A school may disclose "directory information" to third parties without consent if it has given public notice of the types of information which it has designated as "directory information," the parent's or eligible student's right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want "directory information" released to the public. The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook. The school could also include the "directory information" notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37.)” This document should be considered the required notification of Parent and Eligible Student Rights under FERPA.

Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA requires each institution to define its directory items.

At District 106, the following information is considered directory information:

        •        Name

        •        Address (local, permanent, and electronic mail)

        •        Telephone numbers

        •        Grade

        •        Home Room

        •        Student activities

        •        Weight/height (athletic team rosters)

        •        Date(s) of attendance

        •        Enrollment status (enrolled or not enrolled)

        •        Date of graduation

        •        Awards received and where received

When is Directory Information Not Really Directory Information?

It is important to also understand the concept of "implicit disclosure." An implicit disclosure may occur when a list consists only of directory information but the list itself by definition reveals non-directory information. For example, a list of names and email addresses of all students who have a particular grade-point average reveals the students' GPAs. Likewise, a class list containing names and email addresses of the students reveals class enrollments. Since neither grade-point average nor class enrollment are directory items, releasing these lists without prior consent of the students constitutes a FERPA violation.

How Does a Parent or Eligible Student Request Directory Information be Withheld?

The parent/guardian must complete and sign the Request to Withhold Directory Information form to keep directory information confidential. At District 106 we call this "requesting confidentiality" and we mark the student's record as "Confidential." The signed form must be presented in person, or mailed along with a copy of photo identification, to the school office. If an email address is provided, notification will be provided to the parent when the directory hold is in effect.

A request to withhold directory information results in the following:

In addition to written or electronically distributed information, no Information will be released to any person(s) via telephone or email.

It is important to note that a request for confidentiality does not permit the student to be anonymous in the classroom (including an online "classroom") nor to impede or be excluded from classroom communication.

How Does a Parent or Eligible Student Remove A Request to Withhold Directory Information?

A request to withhold directory information is in effect for the current school year, even if the student is no longer enrolled at District 106, and can only be removed by the parent or eligible student in writing or the culmination of the school year in which the request to withhold was made.

The parent or eligible student must complete and sign the Request to Release Directory Information form. The signed form must be presented in person, or mailed along with a copy of photo identification, to the school office. If an email address is provided, notification will be provided to the student when the directory hold is released.