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Family Educational Rights and Privacy Act

Annual Notice of FERPA Rights

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education record within the Hot Springs School District. These rights are: 

  1. The right to inspect and review the student’s educational records within 45 days of the date the district receives the request for access.

Parents or eligible students should submit to the school principal (or appropriate school official) a written request 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.

  1. The right to request the amendment of the student’s education record that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the students privacy rights under FERPA.

Parents or eligible students that wish to ask the school to amend a record should write to the school principal (or appropriate school official), 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 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 the eligible student when notified of the write of the hearing. 

  1. The right to consent to disclosure of personal identifiable information contained in the student’s educational record, 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); a person serving on the school board; a person or company with whom the school 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, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest in the official needs to review an education record to fulfill his or her professional responsibility. 

The Hot Springs School District, upon request, releases information to the officials of another school, school system or institution in which the child seeks to enroll, without prior consent. 

  1. The right to file a complaint with the U.S.Department of Education concerning alleged failures of the school district to comply with the requirements of FERPA. THe name and address of that agency is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave S.W., Washington D.C. 20202-8520

A copy of the district’s policies and regulations may be obtained on the school district’s website under School Board Policies. https://www.hssd.k12.sd.us/ 
Complaints should be addressed to the superintendent of the Hot Springs School District.