2021-2022 Waterloo Central School District Notification of Rights under FERPA and Notification Regarding Limited Disclosure of Directory Information
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:
- The right to inspect and review the student's education records within 45 days after the day the District 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 or District Office administrator a written request that identifies the records they wish to inspect. The District will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
- 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 District to amend their child’s or their education record should write the school principal or District Office administrator, clearly identify the part of the record they want changed, and specify why it should be changed. If the District decides not to amend the record as requested by the parent or eligible student, the District 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.
- The right to provide written consent before the District discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. (See below)
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Disclosures Without Prior Written 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 District to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. The District 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 District has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the District 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))
A school official typically includes a person employed by the 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 District would otherwise use its own employees and who is under the direct control of the District with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; 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 responsibility.
- 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))
Upon request, the District discloses education records without consent to officials of another school or 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.
- 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, if applicable requirements are met. (§§ 99.31(a)(3) and 99.35)
- In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as 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))
- 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 District, 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 accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
- To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
- 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)
- If the information has been designated by the District as “directory information” (if applicable requirements under § 99.37 are met). (§ 99.31(a)(11))
DIRECTORY INFORMATION NOTICE
The District has designated the following information as directory information: Student's name, address, telephone listing, e-mail address, photograph/video, date and place of birth, major field of study, dates of attendance, grade level, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors, and awards received, the most recent educational agency or institution attended, student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user, student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user.
The District may disclose appropriately designated “directory information” without written consent if the District determines the disclosure would not be harmful or an invasion of privacy if released, unless you have advised the District to the contrary in accordance with its procedures. The primary purpose of directory information is to allow the District to include information from your child’s education records in certain school or District publications. Examples include: social media, a playbill, showing your student’s role in a drama production, the annual yearbook, honor roll or other recognition lists, graduation programs, and sports activity sheets, such as for wrestling, showing weight and height of team members.
Directory information can also be disclosed at the District’s discretion to outside organizations without a parent’s prior written consent, such as 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, as amended (ESEA) 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 the District to disclose any or all of the types of information designated above as directory information from your child’s education records without your prior written consent, you must notify Terri Bavis, Superintendent of Schools, Waterloo Central School, 109 Washington Street Waterloo, NY 13165, in writing prior to September 1, 2021.
Note: The District is not responsible for media coverage of sporting events or other school events that are open to the public, such as plays and musical performances.
- 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))
- To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 U.S.C. § 1232g(b)(1)(K))
Disclosure to the Military
Pursuant to the No Child Left Behind Act of 2001, the Waterloo Central School District must disclose to military recruiters, colleges and universities, the names, addresses, and phone numbers of secondary students unless parents of students age 18 and over notify the district that they do not want information released without their prior written consent.
If you do not want such information (name, address, and phone number) released to military recruiters, colleges or universities, please write a letter to the Superintendent of Schools within 14 days of the publication of this notice or within 20 days after enrolling in school.
Please contact the Superintendent's Office at 539-1501, if you have any questions regarding student directory information.
AHERA is a federal law that requires all school districts to inspect facilities for asbestos-containing building materials. Our facilities have been regularly inspected and response actions are in place to insure a continued safe environment for our students and employees. Activities include training of maintenance and custodial staff to prevent disturbance of asbestos and periodic re-inspections and surveillance activities by trained personnel. Details of such activities are described in the District’s AHERA Management Plan which is available for your review in the District Office.
The federal Health Insurance Portability and Accountability Act standardizes the way health care organizations exchange health care data. Among its provisions is a rule prohibiting health care providers from sharing information about patients (for purposes other than treatment, payment and health care operations) with other providers without written permission from the patient. Parents of minor children must provide this permission to health care providers in order for those providers to share information with the school on an as-needed basis.
Under the Individuals with Disabilities Education Act (IDEA), school districts must give parents of a child with a disability a copy of procedural safeguards once a year. However, a copy of procedural safeguards must also be given to parents upon initial referral or parent request for an evaluation, upon filing a request for a due process hearing, upon a disciplinary action constituting a change in placement, and upon request of a parent.
The Waterloo Central School District, in accordance with Title IX of the Educational Amendments of 1972, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act, or the Age Discrimination Act of 1975, does not discriminate on the basis of race, color, creed, religion, national origin, political affiliation, sex, age, marital status, veteran status, or disability. The Board of Education recognizes its responsibility to provide an environment free from harassment and intimidation in the educational programs or activities it operates.
We do not permit discrimination by employees, school volunteers, students and non-employees such as contractors and vendors, as well as any third parties participating in, observing or otherwise engaged in activities subject to the supervision of the district. This includes recruitment and employment practices, pay and benefits, counseling services for students, access by students to educational programs, courses and activities. The Board also prohibits harassment based upon an individual's opposition to the discrimination or participation in a related investigation or complaint proceeding under the anti-discrimination statues.
The policy of non-discrimination and anti-harassment will be enforced on school district premises, in school buildings and at all school sponsored events, programs and activities, including those that take place off school premises. Inquiries or complaints should be forwarded to the Superintendent of Schools.
Grievance Procedure for Non-Discrimination Policy
The compliance officer for Title IX, Section 504 and other grievances related to student activities is Superintendent Terri Bavis, 539-1501. The compliance officer for all employee related activities is Superintendent Terri Bavis, 539-1501. She can be contacted at the School District Offices, 109 Washington Street, Waterloo, NY 13165. The compliance officer, upon request, will provide a copy of the district's grievance procedure to any employee, student or other covered person. A copy of each of the Acts and Regulations upon which this notice is based will be made available, upon written request to the district compliance officer.
NCLB PARENT RIGHT TO KNOW NOTIFICATION
Each year, parents of students attending schools receiving Title I funds have a right to information about the professional qualifications of their child’s classroom teachers. This information includes:
- whether the teacher has State certification for the classes being taught,
- the teacher’s bachelor’s degree major and any other certifications or degrees by field or discipline, and
- whether the child is provided services by paraprofessionals and, if so, their qualifications.
Parents may obtain the above information by making a formal request in writing to the building principal. In you request, please include your child’s name, his/her school, his/her teachers’ names, and the information listed above that you would like to obtain.