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JRA-E (FORM) - ANNUAL NOTICE OF STUDENT EDUCATION RECORDS AND INFORMATION RIGHTS

The Family Educational Rights and Privacy Act ("FERPA") provides certain rights to parents and age-eligible students (18 years of age or older) certain rights with respect to the student's education records.

  1. INSPECTION OF RECORDS

    Parents/eligible students may inspect and review the student's education records within 45 days of makingthe aday request.Cape Elizabeth School Department (CESD) receives the request for access. Such requests must be submitted to the Superintendent or building administratorprincipal in writing and must identify the record(s) to be inspected. The Superintendent or building administratorprincipal will notify the parent/eligible student of the time and place where the record(s) may be inspected in the presence of school staff. Parents Parents/eligible students may obtain copies of education records at a cost per page determined by the businessschool manager.department.

  2. AMENDMENT OF RECORDS

    Parents/eligible students may askrequest the School Department toamend amendan education recordsrecord they believe areis inaccurate, misleading,inaccurate or in violation of the student's right to privacy.misleading. Such requests must be submitted to the Superintendent or building administratorprincipal in writing, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the Superintendent or building administratorprincipal decides not to amend the record as requested, the parent/eligible student will be notified of the decision, their right to request a hearing regarding the request, and information about the hearing process.process and procedures.

  3. DISCLOSURE OF RECORDS

    The School Department must obtain a parent/eligible student's written consent prior to disclosure of personally identifiable information in education records except in circumstances permitted by law or regulations as summarized below.

    1. Directory Information

      The School Department designates the following student information as directory information that may be made public at its discretion: name, participation, and grade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, honors and awards received, and photographs and videos relating to student participation in school activities open to the public (except photographs and videos on the Internet). Parents/eligible students who do not want the School Department to disclose directory information must notify the Superintendent in writing by September 20th ( or other date designated by the school unit) or within thirty (30) days of enrollment, whichever is later. This opt-out request will remain in effect unless and until it is rescinded.

    2. Military Recruiters/Institutions of Higher Education

      Military recruiters and institutions of higher education are entitled to receive the names, addresses, and telephone numbers of secondary students and the School Department must comply with any such request, provided that parents have been notified of their right to request that this information not be released without their prior written consent. Parents/eligible students who do not want the School Department to disclose this information without their prior written consent

      must notify the Superintendent in writing by September 20th ( or other date designated by the school unit) or within thirty (30) days of enrollment, whichever is later.

    3. School Officials with Legitimate Educational Interests

      Education records may be disclosed to school officials with a "legitimate educational interest". A school official has a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility. School officials include persons employed by the School Department as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); members of the BoardSchool of Education;Board; persons or companies with whom the School Department has contracted to provide specific services (such as attorneys, auditors, medical consultants, evaluators, or therapists); or a parent or student assisting a school official in performing a task or serving on a official committee (such as a disciplinary or grievance committee).

    4.  

      Directory Information

      CESD may make public at its discretion personally identifiable information from the education records of a student without parental consent if that information has been designated as directory information by the school department. The School Department designates the following personally identifiable student information as directory information that may be made public at its discretion: student name, participation, and volunteersgrade level of students in officially recognized activities and sports, height and weight of student athletes, dates of attendance in the school unit, and honors and awards received. Parents/eligible students who aredo undernot the direct control ofwant the School Department with regard to educationdisclose records.directory information must notify the Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later.

    5. Military Recruiters/Institutions of Higher Education

      Military recruiters and institutions of higher education are entitled to request and receive the names, addresses, and telephone numbers of high school students and the School Department must comply with any such request. Parents/eligible students who do not want the School Department to disclose this information without their prior written consent must notify the Superintendent in writing within ten (10) days of the first student day of the school year or within ten (10) days of enrollment, whichever is later.

    6.  Health or Safety Emergencies

      In accordance with federal regulations, the School department may disclose education records in a health or safety emergency to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals without prior written consent.

       

    7. Other School Units

      As required by Maine law,law theand Schoolupon Departmentrequest, sends studenteducation records are disclosed without consent to aofficials of another school unitdistrict toin which a student appliesseeks foror transfer, including disciplinary records, attendance records, special education records, and health records (except for confidential health records for which consent for dissemination has not been obtained).

    8. Other Entities/Individuals

      Education records may be disclosedintends to other entities and individuals as specifically permitted by law. Parents/eligible students may obtain information about other exceptions to the written consent requirement by request to the Superintendent or building administrator.enroll.

  4. Complaints Regarding School Department Compliance with FERPA

    Parents/eligible students who believe that the School Department has not complied with the requirements of FERPA have the right to file a complaint with the U.S. Department of Education. The office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave, SW
Washington DC 20202

Adopted:

  • December 2, 2008

Revised:

  • November 3, 2009
  • March 8, 2011
  • December 13, 2011
  • June 11, 2024