FERPA Policy

FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of Personally Identifiable Information (PII) in student education records. The law applies to all schools that receive funds under an applicable U.S. Department of Education program.

FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when they reach the age of 18 or attends a school beyond the high school level. Once a student reaches the age of 18, it is the student’s responsibility to update the FERPA Opt-Out Form and request their information not be released to their parent or legal guardian. Students to whom the rights have transferred are “eligible students.”

Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.

Parents or eligible students have the right to request that a school correct records they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth their view about the contested information.

Generally, schools must have written permission from the parent or eligible student to release any information from a student’s education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

• School officials with legitimate educational interest, including contractors, consultants, or other parties to whom the school has outsourced institutional services or functions;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities within a juvenile justice system, pursuant to specific state law.

“Directory Information” is personally identifiable information that would not generally be considered harmful or an invasion of privacy if disclosed. Pursuant to the Family Educational Rights and Privacy Act (FERPA), Digital Academy of Florida may disclose, in its discretion, directory information of a student in any grade level if the parent or student aged 18 or over did not “opt out” of the disclosure. SBBC reserves the right to release Directory Information only: (a) to colleges, universities, or other institutes of higher education in which the student is enrolled, may seek enrollment or may be recruited; (b) for school publications, instructional materials and other school communication tools (including, but not limited to, yearbooks, athletic programs, graduation programs, recruitment brochures, theatrical programs, school and District websites, social media, and postings and displays throughout the school facility); (c) to County health officials for purposes of communicating with parents to address conditions of public health importance as determined by Florida Department of Health (64D-3, F.A.C.), including information to meet or to prepare for a potential or confirmed health threat; and/or (d) to class reunion committees(and the like) for purposes of class reunion activities.

Please forward this form to Carla Miller at cmiller@kentuckyvirtual.org upon completion.

For additional information, you may call 1.800.USA.LEARN (1.800.872.5327) (voice). Individuals who use TDD may use the Federal Relay Service.

Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, D.C. 20202-8520