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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) AND FLORIDA STUDENT
EDUCATION RECORDS LAW RELATING TO STUDENT EDUCATION RECORDS FOR ELEMENTARY
AND SECONDARY SCHOOLS, ANNUAL NOTICE AND NOTICE FOR DIRECTORY INFORMATION

The Family Educational Rights and Privacy Act (FERPA), 20 USC§ 1232g, as well as F.S. §§ 1022.22, 1022.221, afford
parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s
education records. In summary, these rights are:
1. a. The right to inspect and review the student’s education records within 30 days after the day the school receives
a request for access. Parents or eligible students who wish to inspect their child’s or their education records
should submit to the school principal a written request that identifies the record(s) they wish to inspect. The
principal or appropriate school official will make arrangements for access and notify the parent or eligible student
of the time and place where the records may be inspected. If copies are provided, a minimal duplication fee may
be charged. NOTICE: Both parents’ right of access will be honored by the school unless: a) there is a legally binding
document or court order on file at the school that specifically denies the right of access to one or both parents, or
b) another exception under FERPA exists. If you have questions, please contact your school office.
b. The right to exercise the right of waiver of access to confidential letters or statements in certain circumstances.
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 or other
rights. Parents or eligible students who wish to ask the school to amend a record should write to the school
principal, clearly identify the part of the record they want changed, and specify why it should be changed. If the
school decides not to amend the record as requested by the parent or eligible student, the school will notify the
parent 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 or eligible
student when notified of the right to a hearing. See School Board P-5.50.
3. The right of privacy of personally identifiable information in the student’s education records, except to the extent
that FERPA authorizes disclosure without consent; and the right to provide written consent before the school
discloses Personally Identifiable Information (PII) from the student’s education records, except to the extent
FERPA authorizes disclosure without consent.

Disclosure Without Prior Consent of the Parent/Guardian or Eligible Student:
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational
interests. See 34 C.F.R. § 99.31(a) (1); 34 C.F.R. § 99.7(a) (3) (iii). The criteria for determining who constitutes a school
official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual
notification of FERPA rights. A school official typically is a person employed by the school or School District as an
administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit
personnel) or a person serving on the School Board. A school official also may include a volunteer, contractor, or consultant
who, while not employed by the school, performs an institutional service or function for which the school would otherwise
use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII
from education records, such as an attorney, auditor, third party claims administrator, insurance adjuster, insurance
company; aftercare provider, medical consultant, nurse, or therapist; an official of a charter school of this District; a
school’s foundation; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance
committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school
official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill
his or her professional or delegated responsibility or complete job duties in performing an official task that requires access
to information in the education records of students served.

FY24 Student and Family Handbook 24 | Page