FERPA & PPRA Notification
Milan Area Schools is committed to protecting the privacy of students and families. This notice explains the rights of parents, guardians, and eligible students under two federal laws: the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
Family Educational Rights and Privacy Act (FERPA)
FERPA affords parents and eligible students (students who have turned 18 or are attending a postsecondary institution) 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
Parents or eligible students may request to inspect and review the student's education records within 45 days of the day the District receives a request for access.
Parents or eligible students who wish to inspect their child's or their own education records should submit a written request to the school principal (or appropriate school official) that identifies the record(s) 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.
2. The right to request amendment of education records
Parents or eligible students may ask the District to amend a record they believe is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
Requests should be submitted in writing to the school principal, should clearly identify the part of the record the parent or eligible student wants changed, and should specify why it is inaccurate or misleading. If the District decides not to amend the record as requested, the District will notify the parent or eligible student of the decision and advise them 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.
3. The right to provide written consent before disclosure of personally identifiable information
Except as authorized by law, the District will not disclose personally identifiable information from a student's education records without the written consent of the parent or eligible student.
One exception permits disclosure without consent to school officials with legitimate educational interests. A school official is a person employed by the District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee or assisting another school official in performing their tasks.
A school official has a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility.
Upon request, the District also 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.
4. The right to file a complaint
Parents and eligible students have the right to file a complaint with the U.S. Department of Education if they believe the District has failed to comply with FERPA's requirements. Complaints should be directed to:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202
Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents certain rights regarding the District's conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These rights transfer to a student who has turned 18 or is an emancipated minor under state law.
1. Consent before students participate in certain surveys
The District will seek prior written consent from parents before students are required to submit to a survey that concerns one or more of the following "protected areas" if the survey is funded in whole or in part by a program of the U.S. Department of Education:
- Political affiliations or beliefs of the student or the student's parent
- Mental or psychological problems of the student or the student's family
- Sex behavior or attitudes
- Illegal, anti-social, self-incriminating, or demeaning behavior
- Critical appraisals of others with whom respondents have close family relationships
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers
- Religious practices, affiliations, or beliefs of the student or the student's parent
- Income, other than as required by law to determine program eligibility
2. Right to notice and an opportunity to opt a student out
Parents have the right to receive notice and an opportunity to opt their child out of:
- Any other protected-information survey, regardless of funding source, that covers the areas listed above.
- Any non-emergency, invasive physical examination or screening required as a condition of attendance, administered by the school and scheduled in advance, and not necessary to protect the immediate health and safety of the student — except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law.
- Activities involving the collection, disclosure, or use of personal information obtained from students for marketing purposes, or to sell or otherwise distribute that information to others.
3. Right to inspect materials
Parents have the right to inspect, upon request and before administration or use:
- Protected-information surveys of students
- Instruments used to collect personal information from students for the marketing purposes described above
- Instructional materials used as part of the educational curriculum
4. The right to file a complaint
Parents who believe their rights under PPRA have been violated may file a complaint with:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202
