Notification of Rights under FERPA
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 Boerne ISD 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.
- 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 Boerne ISD 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.
- 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.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school 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 or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school 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 has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the school discloses education records without consent to officials of another 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. The Boerne ISD states in this notification that it intends to forward records on request.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Boerne ISD 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
A notice regarding directory information appears separately on the Boerne ISD website at the following location: Boerne ISD Directory Information
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 as to their particular student. A school 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. (§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 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 in the parent or eligible student's State (SEA). 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. (§§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 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 school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§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. (§99.31(a)(9))
- To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
- Information the school has designated as "directory information" under §99.37. (§99.31(a)(11))
Notice: Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about this student. If you do not want the Boerne ISD to disclose directory information from your child's education records without your prior consent, you must notify the district in writing at the beginning of the school year. The Boerne ISD has designated information as directory information. That designation appears under the Public Information category of the District's website (www.boerneisd.net). Please go to the District's website and click on District, Community, Public Information, and Employees/Student Directory Forms.
Notice Regarding the Sharing of Student Information with School Resource Officers and other Law Enforcement Officials
Boerne Police officers are assigned to the District's campuses as school resource officers. The Family Rights and Privacy Act, 20 U.S.C. Section 1232g, together with 34 C.F.R. 99.30 et seq, allow the sharing of student information with school district law enforcement units. Therefore, the Boerne ISD Board of Trustees has designated the School Resource Officers as school law enforcement officials with legitimate interests in education records required for them to perform their duties for the Boerne ISD. The Family Rights and Privacy Act, 20 U.S.C. Section 1232g, together with 34 C.F.R. 99.30 et seq, also permit the schools to disclose personally identifiable information from educational records to appropriate parties (law enforcement) in connection with an emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals. Board Policy FL (LEGAL) provides that educational records may be given to appropriate persons, including the student's parents, who, in an emergency, must have information in order to protect the health and safety of the student or other person. The policy further states that in making a determination, a district may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the district determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. Therefore, the Boerne ISD Board of Trustees will under the appropriate circumstances allow law enforcement access to educational records of students when directly related to law enforcement activities and/or school duties except where prohibited by law. Finally, the Boerne ISD Board of Trustees has confirmed a written agreement to share student information with juvenile justice authorities pursuant to and as authorized by 58.0051 of the Texas Family Code, Title 3, Juvenile Justice Code.
The public is advised that law enforcement and juvenile justice authorities have agreed not to disclose any shared student information with unauthorized third parties. The Boerne ISD does not profile students in any manner nor does it create lists of any kind that identify students as risks based upon discriminatory factors.
The Boerne ISD wishes to express its thanks to parents and students for their cooperation and support as these measures and procedures work to ensure the safety and security of all our schools.