FERPA

CONFIDENTIALITY OF INFORMATION AND ANNUAL NOTICE TO STUDENTS AND PARENTS OF STUDENTS OF PINKERTON ACADEMY REGARDING THEIR RIGHTS UNDER THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (FERPA)

Pinkerton Academy complies with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C.1232G, (FERPA) and its implementing regulations adopted in 34 CFR Part 99. However, if a parent/guardian still claims the eligible student as a dependent on the IRS income tax forms, that parent retains the right of access to the student’s educational records. Rights under the Family Educational Rights and Privacy Act of 1974 include:

First, a parent or an eligible student, as is appropriate, may inspect and review the education records of that student. Parents or eligible students should submit a written request that identifies the records they wish to inspect; such requests should be submitted to the Dean of Studies & Instruction. Pinkerton Academy will make the requested records available to the parent or eligible student within 45 days of the date that Pinkerton Academy received the request. The right to inspect and review educational records includes the right to a response from Pinkerton Academy to a reasonable request for explanations and interpretations of records, and the right to obtain copies
of such records upon payment of a copying fee. In accord with FERPA, the Academy maintains a record of all requests for, and disclosures of information from, the student’s educational records.

Second, parents or eligible students may ask Pinkerton Academy to amend a record that they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A parent or eligible student who wishes to amend a record should write to the Dean of Students, clearly identifying the part of the record they want changed, and specifying why it is inaccurate or misleading, or invades the privacy rights of the student. If Pinkerton Academy decides not to amend the record as requested by the parent or eligible student, the Academy will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for the amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student upon request, or when notified of the right to a hearing.

If, after a hearing, a parent or eligible student’s request to have a student’s education records amended is denied, the parent or eligible student has the right to place a statement in the student’s education records commenting on the contested information contained in such records and/or setting forth their reasons for disagreeing with the decision of the Academy.

Third, parents and eligible students have the right to provide written consent before Pinkerton Academy discloses personally identifiable information from a student’s education records, except to the extent that FERPA authorizes disclosure without consent.

It is the policy of Pinkerton Academy to disclose, without consent, educational records, including disciplinary records, upon request from officials of another school or school system 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. Upon request, the Academy shall give the parents or eligible student a copy of the records that were disclosed, and, upon request, it shall give the parent or eligible student the opportunity for a hearing in accord with FERPA and its implementing regulations.

One of the situations where information regarding a student may be released without prior written consent is when the data consists of “directory information.” According to the policy adopted by the Pinkerton Academy Board of Trustees, the following categories of information are deemed to be “directory information”: a student’s name, address, telephone number, date and place of birth,
major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, electronic mail address, grade level, and student ID number, user ID, or other unique personal identifier used to communicate in
electronic systems that cannot be used to access education records without a PIN, password, etc. (A student’s social security number, in whole or in part, will not be used for this purpose and will not constitute directory information.)

The primary purpose of directory information is to allow the Academy to include this type of information in school media and external media (i.e., local newspapers, TV, radio and websites).

Examples of school media include:
● A playbill, showing your student’s role in a drama production;
● the annual yearbook;
● Honor roll or other recognition lists;
● graduation programs; sports activity sheets; website and social media

Directory information is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA), 20 U.S.C. § 7908 and 10 U.S.C. § 503(c), to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.

If you do not want Pinkerton Academy to disclose directory information from your child’s educational records without your prior written consent, you must notify the Dean of Students in writing.

It is also the policy of the Academy that photographs and recordings (audio and/or visual) of students shall be considered “directory information”, as long as the material is used for the purpose of general news, sports, student participation, or student accomplishment. Photographs (and related materials) are essential to the yearbook, the course catalog, the student handbook, the alumni bulletin, and local media (for news and sports). A parent of a student or an eligible student may request that any or all of these categories of information not be designated “directory information” with respect to that student. Such requests shall be written, dated, and addressed to the Dean of Students. Such requests shall remain in effect until rescinded by the parent or eligible student.

In accord with FERPA, the Academy may also disclose education records, without consent, to school officials with legitimate educational interests. A school official is: a person employed by the Academy or the student’s Sending District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement personnel); a person serving
on the Board of Trustees or School Board of the Sending District; a volunteer, or person or company with whom the Academy has contracted to perform an institutional service or function for which the Academy would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of the personally identifiable information from
the education records (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing their tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.

Parents and eligible students have the right to file a complaint with the US Department of Education concerning alleged failures by Pinkerton Academy to comply with the requirements of FERPA. The name and address of the office that administers FERPA is: Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605. Upon request, this notice shall be made available in an alternate format or another language.