School Policies with Family Educational Rights and Privacy Act (FERPA) 

The Family Educational Rights & Privacy Act of 1974 and implementing regulations (“FERPA”) is a Federal law designed to protect the privacy of a student’s education records and is administered by the Student Privacy Policy Office (“SPPO”) in the U.S. Department of Education (“Department”). 20 U.S.C. § 1232g; 34 CFR Part 99. FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department. As a public charter school, Truxton Academy adheres to FERPA. 

Truxton Academy recognizes the need to safeguard the confidentiality of personally identifiable information regarding its students, including students with disabilities, in accordance with FERPA, the Individuals with Disabilities Education Act (“IDEA”), and their implementing regulations.

For purposes of this notice:

• “Parent” includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

• “Eligible student” means a student who has reached 18 years of age or is attending a postsecondary institution.

• Both custodial and noncustodial parents have the same rights under FERPA unless the school has evidence of a court order, a legally binding document, or state law to the contrary. “Education records" is defined as those records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.  “Educational agency,” for purposes of this notice, means Truxton Academy. For all students, the educational agency maintains education records that include, but are not limited to:  

  • Personally Identifiable Information (“PII”) is confidential information that would make a student’s identity easily traceable, including Social Security numbers (SSNs) and any student ID or user account information that could allow access to educational records without a password or PIN. 

  • Directory Information is a category of PII contained in a student’s education record that is generally not considered harmful or an invasion of privacy if disclosed. At Truxton Academy, Directory Information may include, but is not limited to: the student’s name, address, telephone number, email address, photograph, date and place of birth, grade level, enrollment status, participation in officially recognized activities and sports, dates of attendance, degrees, honors, awards received, the most recent previous educational institution attended, and a student ID, user ID, or other unique personal identifier used in electronic systems that cannot be used to access records without a password or PIN. SSNs, in whole or in part, will not be used for this purpose.

Truxton Academy has designated the following information as directory information: 

● Name 

● Address 

● Phone number 

● Email address 

● Dates of attendance 

● Photograph 

● Grade Level 

● Participation in activities sponsored by the school 

 

If you do not want Truxton Academy Charter School to disclose any or all of the types of information designated above as directory information from your child’s education records without your prior written consent, you must notify Truxton Academy in writing by September 25th of the current school year.

 

FERPA grants parents of students and eligible students certain rights regarding educational records. Parents at Truxton Academy have the right to: 

• Inspect and review the student’s education records within 45 days of a request.

• Request the amendment of education records  

• Consent to the disclosure of personally identifiable information from educational records, except as provided by law 

• File a complaint with the U.S. Department of Education 

If a parent requests to inspect and review records by submitting a written request to the Principal, Truxton Academy will respond without unnecessary delay and in no case more than 45 days after the request. The school will:  

• Make copies of records for parents to take 

• Make arrangements for parents to come to school to review records 

• If a request is pending, Truxton Academy will not destroy any records until the parents review them. 

• Share records that pertain only to the child of the parent requesting. 

• If records contain information about other children, those parts will not be shared. 

 

If a parent requests an amendment to any specific part of their child’s educational record, by submitting a written request specifying the portion of the record to be changed and the reason, Truxton Academy will:

• Decide within a reasonable amount of time, whether to amend as requested 

• If denied, Truxton Academy will notify the parents of their right to a hearing. Hearings will be conducted in accordance with FERPA by an impartial hearing officer, with an opportunity for the parent to present evidence.

• If, after the hearing, the decision remains not to amend, the parent has a right to insert a statement into the record on the contested information or stating why they disagree with the decision

 

Consent Defined 

Before personally identifiable information (PII) from a student’s education records is disclosed, the parent or eligible student must generally provide signed and dated written consent. A valid consent must:

• Specify the records that may be disclosed;

• State the purpose of the disclosure; and

• Identify the party or class of parties to whom the disclosure may be made.

 

Disclosures Without Consent

FERPA permits disclosure without consent to school officials with a legitimate educational interest.

• A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a member of the school board; a person or company with whom the school has contracted to perform a special service (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee (such as a disciplinary or grievance committee) or assisting another school official in performing their tasks.

• A school official has a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibilities.

Truxton Academy may disclose records, without parent or eligible student consent, if the disclosure meets certain conditions. Examples include disclosure:

• To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the U.S. Secretary of Education, and State and local educational authorities for audit or evaluation of Federal or State supported  education programs, or for the enforcement of or compliance with Federal legal requirements  that relate to those programs; 

• To another school in which the student seeks or intends to enroll (or is already enrolled, if related to the student’s transfer);

• In connection with financial aid for which the student has applied  or received;

• To state and local authorities pursuant to a State statute concerning the juvenile justice system and the system's ability to effectively serve the student whose records are being  disclosed; 

• To organizations conducting studies for or on behalf of the school disclosing for the purposes of administering predictive tests, administering student aid programs,  or improving instruction;

• To comply with a judicial order or a lawfully issued subpoena; and 

• In connection with a health or safety emergency. 

Truxton Academy also maintains a record of each request for access to, and each disclosure of, PII from student education records, as required by law. This record is available for inspection by parents and eligible students.

If parents want to file a complaint, it must be submitted within 180 days of the alleged FERPA violation. Parents who wish to do so, may file a complaint at the following address: 

Student Privacy Policy Office (“SPPO”)

U.S. Department of Education 

400 Maryland Avenue, SW 

Washington, D.C. 20202-5920 

Phone: 1-800-USA-LEARN (1-800-872-5327) 

Procedures for Locked Storage/Secure Handling of Student Files 

All student records will be kept in a locked filing cabinet in the school main office. The Principal, Executive Director and Administrative Assistant have the keys to these files. Additionally, electronic copies of some student files are kept in a secure shared google drive folder which only the Principal, Executive Director and Administrative Assistant have access to. Health information is stored in a locked cabinet in the Nurse's office. Only the Principal, Executive Director, Administrative Assistant and Nurse have access to these records. 

List of Persons with Access 

● Heather Collier: Principal

● Raina Barber: Administrative Assistant 

● Michele Carpenter: Homer Central School District School Nurse assigned to Truxton Academy ● Patty Dawson: Executive Director 

List of Records Maintained 

● Name 

● Parent’s name(s) 

● Contact information 

● Proof of age 

● Proof of residency 

● Gender 

● Race/ethnicity 

● Records of grade 

● Health information 

● Special Education Records 

Annual Notification of Rights of Parents 

Parents will be notified of their rights under FERPA annually in the Family Handbook. 

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Confidentiality Policy for School Employees, Protection of Pupil Rights Amendment (PPRA) 

Confidentiality Policy for School Employees 

Employees will keep all information about students confidential and only release records and information to parents and guardians of individual students or those who the parents and guardians have given permission to access school records. All employees and regular volunteers are required to sign a confidentiality agreement to this effect. 

Protection of Pupil Rights Amendment (PPRA) Notice 

The Protection of Pupil Rights Amendment requires the Truxton Academy Charter School to notify and receive prior written consent from parents for student participation in any surveys or research, experimental programs, testing, analysis, or evaluation dealing with the following information: political affiliations; mental or psychological problems of the student or the student’s family; religious affiliations and beliefs; sex behavior and attitudes; illegal, anti-social, self-incriminating and demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized, privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or income (other than required by law to determine eligibility for a program). The School is required to make these materials or surveys available for inspection by parents in advance to allow them to decide whether to consent or opt out. 

Parents will receive notice and an opportunity to opt their children out of: any non-emergency, invasive physical exam or screening administered by the School unnecessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.