Annual Notification of Privacy Rights
What is FERPA?
FERPA is a Federal law that protects students’ personally identifiable information (PII) and any information directly related to a student that is
maintained in student education records. Schools, Complex Area offices, District offices, and state offices in the Hawaii State Department of Education (HIDOE) maintain student information in:
These records may contain contact information, enrollment forms, report cards, transcripts, disciplinary letters, and more. PII includes any information which can be linked to a specific student, and which would allow a reasonable person in the community to identify the student.Parents,guardians, and eligible students (those 18 and older) may:
Parents, guardians, or eligible students may make their written requests directly to the school when requesting to inspect, review or amend records or to provide consent to release records.
maintained in student education records. Schools, Complex Area offices, District offices, and state offices in the Hawaii State Department of Education (HIDOE) maintain student information in:
- Paper formats, e.g., cumulative, Special Education, and English as a Second language files; and
- Electronic formats, e.g., Longitudinal Data System, Student Information System, electronic Comprehensive Student Support System, email.
These records may contain contact information, enrollment forms, report cards, transcripts, disciplinary letters, and more. PII includes any information which can be linked to a specific student, and which would allow a reasonable person in the community to identify the student.Parents,guardians, and eligible students (those 18 and older) may:
- Inspect and review student’s education records by submitting a written request to the school principal that identifies the record(s) they wish to inspect.
- Request the amendment of the student’s education record to correct inaccurate or misleading information, or correct a violation of the student’s privacy rights under FERPA.
- Provide written consent before the school releases information contained in the student’s education record.
- File a complaint with HIDOE and/or the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.
Parents, guardians, or eligible students may make their written requests directly to the school when requesting to inspect, review or amend records or to provide consent to release records.
Who is responsible for protecting student information?
Because employees and volunteers in HIDOE may come across student information, whether intentionally or by accident, everyone in our schools and HIDOE offices is responsible for protecting that information.
Who may have access to student education records and PII?
Generally, HIDOE must have written permission from the parent, guardian or eligible student in order to disclose PII or information from a student's education record to non-HIDOE personnel. However, school officials may, if they have legitimate educational interest or to fulfill their professional responsibility, have access to those records without consent. Some examples:
- To analyze data to improve teaching and learning;
- To manage HIDOE operations;
- To evaluate student, teacher, school and program outcomes;
- To provide supports or services to students, teachers and schools;
- To ensure records are accurate.
When is consent not required to release student information?
Generally, PII and information from a student’s education record cannot be shared without consent, but there are several cases where FERPA regulations allow HIDOE to share records without consent. HIDOE makes every effort to ensure student information privacy is protected, and to notify parent, guardians, and eligible students when information is going to be shared and why. The most common situations include:
HIDOE has designated the following information as Directory Information:
- School Officials. Individuals designated as school officials by HIDOE may, if they have legitimate educational interest, receive student information without parent, guardian, or eligible student consent. HIDOE encourages staff in our public schools to share student data with colleagues in order to conduct evaluations of programs and student performance to improve outcomes and opportunities for students.
- Directory Information. HIDOE may designate some information as Directory Information, which may be released without consent, unless the parent, guardian, or eligible student has requested that information not be shared – this request is sometimes called an “opt out” request. Releasing Directory Information is not considered harmful or an invasion of privacy. Directory information is typically used in school publications, such as:
- The annual yearbook.
- A playbill, showing the student’s role in a drama production.
- Honor roll or other recognition lists.
- Graduation programs.
- Sports activity sheets, such as for wrestling, showing weight and height of team members.
- The annual yearbook.
HIDOE has designated the following information as Directory Information:
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If a parent, guardian, or eligible student submits a written request for nondisclosure, sometimes referred to as an “opt out,” HIDOE may not disclose any or part of the student’s directory information per the non disclosure request. The school will accept a signed and dated letter from the parent, guardian, or eligible student.
FULL GUIDE ONLINE
Parent Notification & Guide to
Student Information Privacy in
HIDOE — http://bit.ly/FERPAguide
- Transfer of Education Records. HIDOE may disclose education records to another school or post-secondary institution at which the student seeks or intends to enroll or transfer, if the disclosure is for purposes of the student’s enrollment or transfer.
- Health or Safety Emergency. HIDOE may disclose information from education records in order to protect the health or safety of students or other individuals in the event of an impending or actual emergency or natural disaster.
- State and Federal Agencies. HIDOE may release education records to authorized representatives of the United States Comptroller General, Attorney General, or Secretary. HIDOE may also release education records to state and educational authorities.
- Studies and Evaluations. An individual, company, or organization conducting a study or evaluation on behalf of HIDOE may receive information from student education records if they only use the information for a specified purpose, and may not reuse that information or share it with another individual, company, or organization. They also may not use that information for marketing purposes.
FULL GUIDE ONLINE
Parent Notification & Guide to
Student Information Privacy in
HIDOE — http://bit.ly/FERPAguide