Family Education Rights & Privacy Act (FERPA)

What is Federal Family Educational Rights and Privacy Act of 1974 (FERPA)?

Most information about Washoe County School District (WCSD) students cannot be made public without the consent of parents or guardians. Federal law prohibits schools or the district from releasing information without permission, except for what is termed "directory information".

According to the Federal Family Educational Rights and Privacy Act of 1974 (FERPA), directory information about students may be released by the district without parental consent, provided annual notification has been given and the school does not have on file written denial to release directory information; however, schools do use discretion when they receive requests for directory information and will not release such information if it is the principal's judgment that releasing such information would not be in the best interest of the student.

Parents and guardians or students 18 years of age or older who do NOT want directory information released must notify the school principal prior to October 1. A simple form has been created for this purpose, and it is available at all high schools. This form allows for the information to be withheld from everyone, or just from military recruiters. If the form is not received by the school prior to October 1, the school and the district will assume that consent has been given.

FERPA affords parents and students who are 18 years of age or older certain rights with respect to the student's educational records.  These rights are:

1. The right to inspect and review the student's education records within 45 days after the day the school receives a request for access.
2. The right to request the amendment of the student's educational records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. (See How Do I Obtain or Change My Records)
3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's educational records, except to the extent that FERPA authorizes disclosure without consent. (See Who May Obtain Personally Identifiable Information)
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Washoe County School District to comply with the requirements of FERPA. (See What Happens if Information Is Released or I Want to Report a Violation) 

The district's policies on access to student information are in compliance with FERPA and Nevada Revised Statute (NRS) 392.029 of the 1997 legislative session.

Certain information is made available to most individuals (those not listed under "Who can obtain personally identifiable information") only with parental written permission. Activities such as awards, scholarships, college/technical school information and various school publications such as yearbooks and athletic programs, however, require the use of some general information about students. Such information is called directory information, and this information may be provided to a third party without parental consent.

The Washoe County School District defines directory information as:

• name
• date and place of birth, photographs
• participation in officially recognized activities and sports
• field of study
• weight and height of athletes
• enrollment status
• degrees and awards received (this may include qualifying grade point average)
• dates of enrollment
• most recent previous school attended
• grade level
• grade point average range for college recruitment

According to the Federal Family Educational Rights and Privacy Act of 1974 (FERPA), directory information about students may be released by the district without parental consent, provided annual notification has been given and the school does not have on file written denial to release directory information.

Parents have the right to see any documents or materials directly related to their children that are kept within the school or Washoe County School District offices unless the document is a memory jogger note that is unshared.

Parents and guardians or students 18 years of age or older who do NOT want directory information released must notify the school principal prior to October 1. A simple form has been created for this purpose and it is available at all high schools and on the District website. This form allows for the information to be withheld from everyone, or just from military recruiters. If the form is not received by the school prior to October 1, the school and the district will assume that consent has been given. Additionally, opting out of directory information is an all or nothing process. Parents cannot choose the pieces of directory information they wish to opt into or out of.

 Click here to go to the form: Parents Rights to Opt Out of Directory Information

Federal No Child Left Behind legislation provides that all branches of the military have access to the names, addresses, and telephone listings of high school students unless parents or students have advised the school that they do not want their information disclosed without prior written consent.

Opt out forms to deny the release of directory information to the military are available below and in each high school’s main office.  The written request to withhold student information is due to the high school the student is attending by October 1st.   If the student enrolls in the district after October 1st, the written request is due within two weeks of enrollment.  The request to withhold directory information will be in effect from the date it is received by the school; please be aware that prior to this date information may have been released.  It is only necessary for students or parents to complete the form once during the students’ high school career; the form does not need to be submitted annually. 

 Click here to go to the form: Parents Rights to Opt Out of Directory Information

Under FERPA, a school may not generally disclose personally identifiable information from an eligible student's education records to a third party unless the eligible student (parent/guardian of a student under 18) has provided written consent.  however, there are a number of exceptions to FERPA's prohibition against nonconsensual disclosure of personally identifiable information from education records.  Under these exceptions, school are permitted to disclose personally identifiable information from education records without consent.

• All parents and legal guardians. In the case of divorce, custodial and noncustodial parents have access to the child's record, unless a legally binding document declares differently;
• Children over the age of 18, emancipated minors, or those attending post-secondary institutions;
• School officials with legitimate education interest.  A school official is a person employed by WCSD 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 but is not limited to; a volunteer, intern, resident, student worker, or contractor outside of the school who performs an institutional service or 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 educational 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 educational record in order to fulfill his or her professional responsibility. A school official may also be a researcher working with the District or Nevada Department of Education with a legitimate educational interest or agencies that are contracted to provide functions on behalf of the school districts such as picture day (see List of Contract Service Providers Acting as School Officials);
• School officials in a district to which the child intends to transfer;
• Individuals connected with a health or safety emergency;
• Accrediting organizations to carry out their accrediting functions;
• In connection with financial aid for which the student has applied or received;
• To state and local authorities pursuant to a State statute concerning the juvenile justice system and the system's ability to effectively serve the student whose records are being disclosed;
• To organizations conducting studies for or on behalf of the school making the disclosure for the purposes of administering predictive tests, administering student aid programs or improving instructions;
• To comply with a judicial order or a lawfully issued subpoena;
• Agencies who are contracted with the school district to provide services such as recruitment (see List of Contract Service Providers Not Acting as School Officials);
• A social worker or parole worker covered under the Uninterrupted Scholars Act;
• A college or university to which a student has applied and intends to enroll;
• In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses and telephone listings – unless parents (or students) have advised the LEA in writing by October 1st that they do not want their student's information disclosed without prior written consent.

Outside Agencies or Vendors Acting as School Officials

The list of contract service providers acting as school officials is updated when new vendors are approved. This list is not an exhaustive list, but one provided to demonstrate the types of providers who are contracted to complete work that school employees would normally complete but that WCSD has contracted with to provide the service either at a savings or because they can simply provide the service in a more efficient manner. Additionally, contractors on the list each have been determined to meet the criteria set forth in the WCSD’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records. WCSD is not required under FERPA to provide a list of third-party vendors but has chosen to provide the list, updated annually, for transparency.

List of Contract Service Providers Acting as School Officials

Ask! Schools will make an appointment for parents to review their child's educational records. Schools have forty-five (45) days to schedule the appointment, but most schools act immediately.

• Parents have a right to an explanation of any forms, test scores, or educational language that they don't understand. If the principal or the appropriate school staff member is not available to answer questions, the parents should schedule a meeting in advance at a more appropriate time.
• When asking to see their child's records, parents with limited English proficiency may ask the school to provide a translator for the meeting.

FERPA does not require that copies be provided to parents/guardians. Copies shall be provided to the parent/guardian if he/she is not reasonably able to view the records at the site; example, lives outside of the community, incarcerated or is disabled.

Personal notes kept by a teacher, principal, psychologist, or other school employee for the sole use of that person are not considered part of the child's record. Such personal notes are not retained in the cumulative record. Additionally, email is not considered part of the child's record if the email has not been printed and placed in the cumulative record.

Parents have the right to review results from academic, standardized, or psychological tests. If the test itself is kept in the child's records, parents may look at it, if allowed by Nevada Revised Statute.

When is Parent Permission Required form

¿Cuándo se require el permiso de los padres? formulato

Release of student directory information notice (Pictures/Yearbook)

Authorizacion para divulgar la informacion del estudiante incluyendo: Fotos de clase/Anuario

Parent(s)/guardian(s) of students, or students themselves if eighteen years of age or older have the right to inspect and review any or all of the student’s educational records. If the information is believed to be inaccurate, misleading, or in violation of a student's privacy rights. The parent may request that information be amended or removed from the file.

• A request to challenge the content of a student’s educational record must be based on a ministerial or clerical error(s) in the record that is discovered upon review. A challenge is not an opportunity to review substantive decisions by District administration or staff concerning evaluation of academic work or outcomes of disciplinary proceedings.
• A request to challenge the content of a student’s educational record shall be filed in writing with the principal at the school where the student is enrolled or, if the student is no longer enrolled in a District school, with a District designee from the Student Accounting Department or Student Support Services Department, as appropriate.
• The written request must indicate the aspect of the record being challenged and specify why that aspect is believed to be inaccurate, misleading, or in violation of the student’s rights. Supporting evidence must be submitted with the written complaint.
• The principal or District designee shall review the request to determine if the aspect of the record being challenged is in fact inaccurate, misleading, or in violation of the student’s rights.
• Within forty-five (45) working days following the receipt of a request, the principal or District designee will notify the Requestor in writing regarding the disposition of the request to challenge the record and whether or not the record will be amended.
  • If the disposition is to amend the record, the request and any changes shall be noted in the record. The parent/guardian or student, as appropriate, shall be notified in writing.
  • If the disposition is to not amend the record, the Requestor shall be informed of their right to a hearing.

Request for a FERPA Hearing

• To exercise the right for a hearing, the Requestor shall, within ten (10) working days of receipt of the initial disposition, make a request in writing to the Superintendent  and include:
  • a description of original complaint including that aspect of the record being challenged, and any supporting evidence, and
  • A copy of the initial disposition.
• The Superintendent shall designate a Hearing Officer, who may be an official or employee of the District, but must not have any direct interest in the outcome of the hearing.
• A date shall be set by the Hearing Officer for the hearing which shall be no more than thirty (30) days following receipt of the request.
• The Requestor shall be notified in writing of the date, time and place set for the hearing. Such notice shall be mailed to the Requestor no later than seven (7) working days prior to the date set for the hearing.
• Hearings shall be conducted by the Hearing Officer in an informal manner. Technical rules of evidence shall not apply and witnesses need not give testimony under oath. All relevant and material evidence is admissible and will be considered according to the circumstances, credibility and relevancy.
• The parties, or their representatives, shall present their respective positions by written and/or oral evidence.
  • Each party will be given a maximum of thirty (30) minutes to present evidence unless exceptional circumstances require additional time.
  • Either party shall have the right to cross examine witnesses presented by the other.
  • Both parties shall have the right to presence and participation of legal counsel.
• Unless otherwise requested by the Requestor, a hearing shall be considered confidential and shall be closed except for the parties and their witnesses.
• No written transcript of any hearing shall be made; however, at the request of either party, a recording device may be utilized to record the proceedings.
• The Hearing Officer shall mail the Requestor a copy of his/her written decision within ten (10) working days after the hearing unless, in the hearing officer’s judgment, additional time is required. In that case, the requestor shall be notified in writing of the additional time needed.
  • The decision shall include the reason or reasons for the Hearing Officer’s decision and a summary of the evidence.
  • The Hearing Officer’s decision is final.
• If, upon receipt of the decision of the Hearing Officer, the Requestor is still dissatisfied with the content of the educational records, they may insert into such records an explanation regarding its content.
  • The statement must be maintained in the contested part of the record. If the contested part of the record is maintained electronically, the statement shall be limited to fifty (50) words.
  • If the contested part of the record is maintained in paper format, the statement shall be limited to a maximum of two (2) typewritten pages, one side only.
  • The Requestor shall have twenty (20) days from the date of the Hearing Officer’s decision to submit a written statement.
  • The written statement is to be submitted to the Hearing Officer.

• The district requires written authorization of the parent to release student records if the student is under 18 years of age. After a former student is 18 years of age or older, records can be released only with his/her written consent.
• The information needed to locate records shall include the student's legal name when enrolled in the Washoe County School District, date of birth, name of last Washoe County school attended and the last year of attendance.

Parents/eligible students who believe their rights may have been violated may file a complaint by writing or phoning the Family Policy Compliance Office:

Family Policy and Compliance Office
400 Maryland Avenue, SW
Washington, DC 20202-4605
Phone: (202) 260-3887

• If the release is due to a breach in security, then the incident is reported to the FERPA Office in Washington, D.C. and the parents are notified of the breach.
• If the release is a FERPA violation, corrective action is taken and the incident is reported to the FERPA Office in Washington, D.C. and parents are notified of the corrective action and the release of information.

PPRA affords parents and eligible students certain rights regarding the district's conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to inspect and consent or opt out of:

• The administration of surveys that contain questions from one or more of eight protected areas:
  1. Political affiliations;
  2. Mental and psychological problems potentially embarrassing to the student and his/her family;
  3. Sex behavior and attitudes;
  4. Illegal, antisocial, self-incriminating and demeaning behavior;
  5. Critical appraisals of other individuals with whom respondents have close family relationships;
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
  7. Religious practices, affiliations or beliefs; or
  8. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
• Any protected information survey administered or distributed to a local education agency that is a recipient of funds under an applicable program (LEA) if the protected information survey is either not funded as part of a program administered by the Department or is funded as part of a program administered by the Department but to which a student is not required to submit.
• Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing.
• Any non-emergency, invasive physical examination or screening.