Notice of Rights under FERPA and the Minnesota Government Data Practices Act
The Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act give parents/guardians 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 10 days after the day Saint Paul Public Schools 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 records they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. For additional information, please refer to 304.1.4 Access to Data for Individual Data Subjects in the Saint Paul Public Schools Procedures Manual.
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.
Parents or eligible students who wish to ask the Saint Paul Public Schools to amend their child’s or their education record should write the school principal to clearly identify the part of the record they want changed, and specify why it should be changed. If the school district decides not to amend the record as requested by the parent or eligible student, it will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the procedure is set forth here in 304.00.2 Request to Amend Student Records: Procedures to Challenge Data in the Saint Paul Public Schools Procedures Manual.
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 the law permits disclosure without consent.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Saint Paul Public Schools 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
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. The following are a few common circumstances under which PII may be disclosed without consent:
· To other school officials, including school district officials, teachers, and support staff, 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)(3) are met. (§ 99.31(a)(1))
· 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))
· 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))
· 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, if applicable requirements are met. (§ 99.31(a)(6))
· To comply with a judicial order or lawfully issued subpoena if applicable requirements are met. (§ 99.31(a)(9))
· To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10)
· To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 U.S.C. § 1232g(b)(1)(L))
· Information the school has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11))
Notice of Directory Information
Directory information is public information and can be released without consent. Saint Paul Public Schools has designated the following information as directory information:
The purpose of directory information is to allow Saint Paul Public Schools to include information from your child’s education record in district and school publications such as yearbooks, honor roll and other recognition lists, theater playbills, graduation programs, sports programs, etc.
In addition to the directory information listed above, the following is designated as directory information only for the persons indicated:
Military Recruiters (for secondary students only)
Minnesota Public Libraries
School Resource Officers
Parent(s)/legal guardian(s) who wish to opt out of releasing directory information must notify Saint Paul Public Schools in writing. Opt out forms can be found at http://placement.spps.org/ or by calling Student Records at the Student Placement Center at (651) 632-3764.
For questions regarding Student Records, please contact:
Student Records, Student Placement Center
2102 University Avenue W
Saint Paul, MN 55114
Saint Paul Public Schools, District 625 | 360 Colborne Street, Saint Paul, MN, 55102 | 651-767-8100 | firstname.lastname@example.org
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