Rights Concerning Student Records ‐ The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) 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 within 45 days after the day the student’s school receives a request for access.
Parents or eligible students should submit to the school a written request that identifies the records they wish to inspect. The school principal 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 the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask that a school record be amended should write the school principal, 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 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 the school discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Williamsburg‐James City County Public Schools to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Disclosure without Consent – Upon request, Williamsburg‐James City County Public Schools discloses scholastic records, including the disciplinary record of suspensions and expulsions, to officials of another school division 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. The record of a pupil’s daily attendance may be disclosed to an employee of the local social services department upon request for determination of a family’s eligibility for public assistance. The division may also disclose scholastic records to comply with law enforcement judicial orders and subpoenas, and to authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities. Records may be disclosed to appropriate officials in connection with a health or safety emergency. Also, records are disclosed without consent to WJC school officials with legitimate educational interests who must review an education record in order to fulfill his or her professional responsibility.
Maintenance and Disposition of Student Records – Scholastic records of students in grades 5, 8, and 12 are reviewed annually and material that is no longer educationally useful is removed from the scholastic record and destroyed. Parents of students, or eligible students, in grades 5, 8, and 12 who wish to receive the materials removed from the scholastic records must submit a written request to the individual school the student attends by the end of the first semester of the school year, or within 15 school days of enrollment if school entry occurs after the first semester.
Certain health records, discipline records, and records from differentiated programs and/or special services are no longer educationally useful after a student leaves the school division. Pursuant to State records retention schedules, such records are destroyed five years after the student separates from Williamsburg‐James City County Public Schools. This separation can be either by graduation, program completion, or withdrawal, whichever event occurs first. With regard to special education records, parents and eligible students should be aware that information from these records could be useful in applying for Social Security or other benefits in the future. Within five years after separation, special education records may be requested in writing from WJC Schools Records Administration. For additional information, call (757) 603‐6400.
