Rights Regarding Student Records (FERPA)
The Family Educational Rights and Privacy Act (FERPA) and state law give parents/guardians and students over 18 years of age (adult students) certain rights with respect to the student’s education records.
Parents/guardians/adult students have the right to inspect and review the student’s education records within 45 days of the day the appropriate school official receives a request for access. Parents/guardians/adult students should submit to the school principal or to the Department of Student Services a written request that identifies the record(s) they wish to inspect. The principal or representative from the Department of Student Services will make arrangements for access and notify the parent/guardian/adult student of the time and place at which the records may be inspected.
Copies of Records
Parents/guardians/adult students may request copies of records, and by providing written consent, have records released to other individuals or entities. A fee of 25 cents per page will be charged for copies of requested records. Requests for copies should be made at the student’s school or at the Department of Student Services.
Amendment of Records
Parents/guardians/adult students have the right to request amendment of the student’s education records
that the parent/guardian/adult student believes are inaccurate or misleading, or otherwise in violation of
the student’s privacy rights under FERPA or state pupil records law. The request should be addressed to:
Matthew Boswell, Senior Director, Department of Student Services, MPS Central Services Room 133, 5225 W. Vliet St., P.O. Box 2181, Milwaukee, WI 53201-2181.
If the senior director decides not to amend the record as requested by the parent/guardian/adult student, the
senior director or designee will notify the parent/guardian/adult student of the decision and of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian/adult student when notified of the right to a hearing.
Right to Privacy
The parent/guardian/adult student has the right to privacy of personally identifiable information in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate education interests. A “school official” is a person employed by the school district as an administrator, supervisor, teacher, or support staff member (including health or medical personnel and school safety personnel); a person serving on the school board; a person or entity with whom the district has outsourced services or functions it would otherwise use its own employees to perform (such as an attorney, auditor, medical consultant, or therapist); a person serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks; law enforcement officers who are individually designated by the school board and assigned to the school district; or an entity who has entered into an interagency agreement that allows for sharing of confidential information. A school official has a “legitimate education interest” if the official needs to review an education record in order to fulfill his or her professional responsibility.
FERPA allows the school district to disclose education records without the consent of a parent, guardian, or adult student to officials of another school district 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. Per Wisconsin State Statute §118.125 (4), these student records must be released to other schools/districts no later than the end of the next working day, once MPS or a school receives notice that the student has enrolled in another school/district.
Complaints
The parent/guardian/adult student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, DC 20202.
A complete copy of the MPS Student Records Policy (Administrative Policy 8.42) is available from the Department of Student Services, 5225 W. Vliet St., Room 133, Milwaukee, WI 53208 or by visiting mpsmke.com/policiesandprocedures.