Parental Rights under Family Educational Rights Privacy Act for Elementary and Secondary Schools
A. The Family Educational Rights and Privacy Act (FERPA) afford 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 school receives a request for access. Parents or eligible students should submit to the Director of Georgia Virtual a written request that identifies the records they wish to inspect. The Director or designee will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
Georgia Virtual School Attn: Director of Georgia Virtual Georgia Department of Education Office of Technology Services 1554 Twin Towers, East 205 Jesse Hill Jr. Drive, SE Atlanta, Ga. 30334 instruction@gavirtualschool.org
2. 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. To request amendment of a student record, parents or eligible students should submit to the Director of Georgia Virtual a written request, specifying the part of the record they want changed and why it is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. If the school decides not to amend the record, it will notify the parents or eligible students of the decision and inform them of their right to a hearing. Additional information regarding the hearing procedure will be provided with the notification of the right to a hearing.
3. 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 disclosure without prior written consent is authorized by FERPA and its implementing regulations at 34 C.F.R. § 99.31. One exception that permits disclosure without consent is to school officials with legitimate educational interest. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member; a member of the school board; a person or company with whom the school has contracted to perform a specific task (such as attorney, auditor, medical consultant, therapist, or online educational services provider); a contractor, consultant, volunteer, or other party to whom the school has outsourced services, such as electronic data storage; or a parent, student, student teacher, or other volunteer serving on an official committee (such as a disciplinary or grievance committee) or assisting another school official in performing his or her tasks. The school allows school officials to access only student records in which they have a legitimate educational interest. School officials remain under the school’s control with regard to the use and maintenance of PII, which may be used only for the purpose for which disclosure was made and cannot be released to other parties without authorization.
Upon request, the school discloses education records without consent to officials of another 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.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Georgia Virtual School 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
B. The Georgia Student Data Privacy, Accessibility, and Transparency Act afford parents and students who are 18 years of age or older ("eligible students") the right to file a complaint with their school regarding a possible violation of rights under O.C.G.A. 20-2-667 or under other federal or state student data privacy and security laws.
C. 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. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student–
1. To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1)) A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member; a member of the school board; a person or company with whom the school has contracted to perform a specific task (such as attorney, auditor, medical consultant, therapist, or online educational services provider); a contractor, consultant, volunteer, or other party to whom the school has outsourced services, such as electronic data storage; or 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. The school allows school officials to access only student records in which they have a legitimate educational interest. School officials remain under the school’s control with regard to the use and maintenance of PII, which may be used only for the purpose for which disclosure was made and cannot be released to other parties without authorization.
2. To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
3. To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
4. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
5. To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
6. To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
7. To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
8. To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
9. To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
10. To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
11. Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
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