Skip To Main Content

Annual FERPA Notification

Annual FERPA Notification

Annual FERPA Notification:

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.

a) Any parent or eligible student may request the Principal of the building to make available to them at a time specified by the Principal, the child’s cumulative record folder.

b) The request for access to records shall be granted within a reasonable period of time, but in no case more than 45 days after the request has been made.

c) Cumulative record folders may be reviewed in a school building at a specified place in the presence of a school administrator or their designee.

d) No material may be removed from the file nor may the file be removed from the school.

2. The right to request the amendment of the student’s education records to ensure they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights, and be provided with a process which includes a hearing and the right to attach differing perspectives to the record.

a) Parents or eligible students who believe that inappropriate material is included in the student’s record should submit a statement in writing to the Principal of the building.

b) The Principal will review the statement and either remove the controversial material or give a reason why this is not being done and inform the parents or eligible students of their right to a hearing. The hearing may be conducted by any individual, including a school official, who does not have a direct interest in the outcome of the hearing. The decision shall be in writing within a reasonable amount of time after the hearing and shall be based solely on the evidence presented at the hearing.

c) Parents or eligible students may place in the student's file a statement containing their belief that certain material is inappropriate.

3. The right to consent to disclosure of personally identifiable information (PII) contained in the student’s education records, except to the extent the Act authorizes disclosure without consent. These exceptions include, but are not limited to, allowing disclosure without consent to school officials with legitimate educational interests. A school official includes a person who needs to review a student’s educational record or information contained in that record and who is:

a) A person employed by the School Administrative Unit (SAU) #70 or one of its districts as an administrator, supervisor, educator or substitute educator, paraprofessional, or support staff member, including tutorial, health, law enforcement, transportation, nutrition, athletic, extra- or co- curricular, clerical or other support staff;

b) A member of the School Board acting on behalf of the Board and with the recommendation of the Superintendent;

c) A person or company with whom the SAU #70 or the School district has contracted to perform a special task, including an attorney, auditor, medical consultant, therapist, evaluator; and

d) Any other person designated by the School Board, Superintendent or Principal to have legitimate educational interests.

4. The right to file with the U.S. Department of Education a complaint concerning alleged failures by the school to comply with the requirements of FERPA. The contact information for such a complaint is:

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202

5. The right to obtain a copy of the school’s policy and written procedures or protocols related to student records.

Directory Information

The following information is designated as “directory information.”

  1. Student’s name, address, date of birth, dates of enrollment;
  2. Parent or legal custodian’s name and address;
  3. Student’s grade level classification;
  4. Student’s participation in recognized school activities and sports;
  5. Weight and height of members of athletic teams;
  6. Student’s diplomas, certificates, awards, and honors received.

The school may release directory information without proper written consent unless the parent or eligible student informs the principal in writing that any or all of the information designated above should not be released without prior consent.

Summary of RSA 193:13

RSA 193:13 is the New Hampshire Statute which governs the suspension and expulsion of students from school.

It provides the authority by which the Superintendent or Principal may suspend a student for up to 20 days. The pupil and the parents have the right to appeal any suspension issued by a Principal to the Superintendent, while a suspension issued by a Superintendent may be appealed to the local School Board. A decision of the School Board can be appealed to the State Board of Education. A pupil can be expelled for any acts which constitute gross misconduct, those acts of violence which are defined in RSA 193-D:1, as well as for the possession of a pellet or BB gun. These expulsions may be for a period of time determined by the School Board. When the School Board expels a student, it will provide a transition plan indicating what steps the student must take to be able to return to school. The parents and the student have the right to have the expulsion reviewed prior to the commencement of any subsequent school year. In addition, the parent can appeal any expulsion to the State Board of Education. RSA 193:13 provides for an automatic expulsion if any student brings or possesses a firearm onto any school property which includes school buses, any property owned by the School District, and any property used by a School District for school purposes. Under the law, an expulsion for bringing firearm to school must last a minimum of 12 months unless altered by the Superintendent and the School Board due to extraordinary circumstances. Again, the student and parents have a right to appeal an expulsion for bringing a firearm to school to the State Board of Education.

Any student who has been expelled from the school in this state or a school in any other state for bringing possesses a firearm onto any school property or possessing a firearm on school property will not be eligible to enroll in this school during the period of expulsion.

A student who is educationally disabled and subject to potential suspension or expulsion must be afforded the protections contained in RSA 186-C.