Notification of Rights under FERPA

Updated August 2025

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 the E.L. Haynes Public Charter School (“School”) receives a request for access. Parents or eligible students should submit to the school principal a written request that identifies the records they wish to inspect. The 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. 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. Parents or eligible students who wish to ask the School to amend a record should write 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 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. 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 FERPA authorizes disclosure without consent. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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.

See the list below of the disclosures that elementary and secondary schools may make without consent. 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. E.L. Haynes PCS may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

• 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.
  • Information is deemed a legitimate educational interest if:
    • The information requested is necessary for the school official to perform tasks that are specified in his or her position description or by a contract agreement,
    • The information is to be used within the context of official agency or school business and not for purposes extraneous to the school official’s areas of responsibility or to the agency or school
    • The information is relevant to the accomplishment of some task or to a determination about the student,
    • The information is used for the purposes for which the data are maintained
  • If information is shared with outside parties, deemed school officials, the agreement between the parties must state the specific legitimate educational interest of the work being done with the information, the information may not be used for any other purpose. The Chief Operating Officer and Chief Executive Officer maintain the authority to deem specific work an educational interest on a case-by-case basis as needed.
• 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. E.L. Haynes PCS will forward such records upon request.
• 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 (SEA) in the parent or eligible student’s State. 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.
• 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.
• 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.
• 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.
• To accrediting organizations to carry out their accrediting functions.
• To parents of an eligible student if the student is a dependent for IRS tax purposes. I. To comply with a judicial order or lawfully issued subpoena.
• To appropriate officials in connection with a health or safety emergency
• To an agency caseworker or other representative of a State or local child welfare agency or authorized tribal organization when that organization is legally responsible for the care and protection of the student, pursuant to the Uninterrupted Scholars Act of 2013.
• Information the school has designated as “directory information” unless the parent or student over the age of 18 notifies the school in writing that they do not wish for directory information to be disclosed without prior consent. Directory information at E.L. Haynes PCS includes:
  • Student Name; Mailing Address and Telephone Listing
  • Photograph
  • Date and Place of Birth
  • Participation in Officially Recognized Activities and Sports
  • Weight and Height of Members of Athletic Teams
  • Honors and Awards Received
  • Major Field of Study
  • Dates of Attendance, Grade Level, and Enrollment Status
  • Most recent prior school of attendance
  • 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 SSN, in whole or in part, cannot and will not be used for this purpose.)
  • 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 SSN, in whole or in part, cannot and will not be used for this purpose.)