ANNUAL NOTIFICATION  
 
Authorities:  34 C.F.R. Part 99
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P Under the Family Educational Rights and Privacy Act (FERPA) and for the purposes of the administration of RECORDS frameworks:

P
  • "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian;
99.3

P
  • "Eligible student" means a student who has reached 18 years of age or is attending an institution of postsecondary education; and
99.3

P
  • "Student," except as otherwise specifically provided in FERPA and the administration of RECORDS frameworks, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.
99.3

P Each educational agency or institution must annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under FERPA. 99.7(a)(1)

D The annual notification must inform parents or eligible students that they have the right to: 99.7(a)(2)

D
  • Inspect and review the student's education records;
99.7(a)(2)(i)

D
  • Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;
99.7(a)(2)(ii)

D 99.7(a)(2)(iii)

D
  • File with the Family Policy Compliance Office a complaint concerning alleged failures by the educational agency or institution to comply with the requirements of FERPA.
99.7(a)(2)(iv)
99.63
99.64

D The notice must include all of the following: 99.7(a)(3)

D 99.7(a)(3)(i)

D 99.7(a)(3)(ii)

D
  • A specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest, if the educational agency or institution has a policy of disclosing education records without parental consent to school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
99.7(a)(3)(iii)
99.31(a)(1)

P

An educational agency or institution must effectively provide annual notification to parents or eligible students who are disabled.

99.7(b)(1)

P

An agency or institution of elementary or secondary education must effectively provide annual notification to parents who have a primary or home language other than English.

99.7(b)(2)

P An educational agency or institution may provide annual notification by any means that are reasonably likely to inform the parents or eligible students of their rights. 99.7(b)

 
 
Last Updated: Wednesday, February 01, 2017