Appendix C: Family Education Rights and Privacy Act (FERPA)

Annual Notice
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 learner education records.

FERPA gives parents certain rights with respect to their child’s education records. These rights transfer to the learner when the learner reaches the age of 18 or attends a school beyond the high school level. Learners to whom the rights have transferred are “eligible learners.” These rights are:

1. Parents or eligible learners have the right to inspect and review the learner’s education records maintained by the school within 45 days of the day the school receives a request for access. CCA is not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible learners to review the records. CCA may charge a fee for copies. Parents or eligible learners should submit a written request to CCA School Support that identifies the record(s) they wish to inspect.
2. Parents or eligible learners have the right to request that a school amend records which they believe to be inaccurate, misleading, or otherwise in violation of the learner’s privacy rights. Parents or eligible learners should submit a written request to CCA School Support that clearly identifies the part of the record they want changed and specify why it is inaccurate. If the school decides not to amend the record, the parent or eligible learner 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 learner has the right to place a statement with the record setting forth his or her view about the contested information.
3. Parents or eligible learners have the right to provide written consent before CCA discloses personally identifiable information (PII) from a learner’s education record. However, FERPA allows CCA to disclose PII from a learner’s education record, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
   • School officials with legitimate educational interest**,
   • Other schools to which a learner is transferring,
   • Specified officials for audit or evaluation purposes,
   • Appropriate parties in connection with financial aid to a learner,
   • 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,
   • State or local child welfare agency legally responsible for a child in foster care, and
   • State and local authorities, within a juvenile justice system, pursuant to specific state law.

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 learner, schools must record the disclosure. Parents and eligible learners have a right to inspect and review the record of disclosures. Schools may also disclose, without consent, “directory information.” CCA has designated the following information as directory information:

• • • • Learner’s Name
      • Learner’s Webmail Address
      • Learner’s City of Residence
      • Learner’s Phone Number
      • Learner’s Grade Level

If you do not want CCA to disclose directory information from your child’s education records without your prior written consent, you must notify the school during the enrollment or Intent to Return period.

4. Parents or eligible learners have 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:

The Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520

For additional information about student privacy or FERPA, you may call 855-249-3072 or visit https://studentprivacy.ed.gov/. Individuals who use TDD may use the Federal Relay Service.

** A school official is a person employed by CCA as an administrator, supervisor, instructor, or support staff member (including health or medical staff); a person serving on the Board of Trustees; or an individual or company with whom CCA has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist).
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, CCA discloses education records without consent to officials of another school entity in which a learner seeks or intends to enroll.