FERPA & PPRA – Student Privacy Rights

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student information records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents, guardians, or students over the age of 18, certain rights with respect to the student’s education records.

Parents/Guardians have the right to inspect and review the student’s education record maintained by the school within 45 days of the request.
Parents/Guardians have the right to request that a school correct records that they believe to be inaccurate or misleading or otherwise in violation of a student’s privacy rights.

To request a copy of your student's record, or if you believe the information in the student's record is misleading and want to request an amendment, contact Jissely Soto at Jissely.Soto@motsd.org. To request an amendment, provide in writing the specific part of the record you would like changed and why it is inaccurate/misleading. You will be notified of the decision. If the record is not amended, you have the right to request a hearing and additional information regarding hearing procedures will be provided.

Protection of Pupil Rights Amendment (PPRA)

The Protection of Pupil Rights Amendment (PPRA) provides parents and eligible students with certain rights regarding the collection and use of student information and participation in specific school activities. PPRA rights apply to the specific surveys, materials, and activities identified by law and do not constitute a general right of access to all District records or materials. These rights are intended to help ensure that parents and eligible students are informed about, and have appropriate choices regarding, certain surveys, evaluations, instructional materials, physical examinations or screenings, and the collection or use of personal information.

Under the PPRA, parents and eligible students may have the right, depending on the activity or program, to:

Inspect certain surveys before they are administered or distributed and, upon request, receive reasonable access to inspect certain instructional materials used as part of their child’s educational curriculum, as provided by law and District policy.
Provide prior consent before a student participates in certain surveys that concern protected areas of information identified under federal law.
Receive advance notice and an opportunity to opt their child out of certain surveys, examinations, screenings, or other activities covered by the PPRA.
Review certain policies and procedures regarding the collection, disclosure, or use of personal information for marketing purposes or certain other purposes.
File a complaint with the U.S. Department of Education regarding an alleged violation of rights under the Family Educational Rights and Privacy Act (FERPA) or the PPRA.

The specific rights and requirements under the PPRA may vary depending on the type of activity, the circumstances in which it is conducted, and applicable federal requirements.

For additional information about PPRA rights, including the U.S. Department of Education's model general notice, please visit:

U.S. Department of Education: PPRA Model General Notice of Rights

In general, schools must have written permission from a parent/guardian to release personally identifiable information from a student’s record. However, FERPA allows schools to disclose those records, without consent, to the following parties under the following conditions:

School officials with legitimate educational interest*
Other schools to which the student is transferring
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student
Organizations conducting certain studies for or on behalf of the school
Accrediting organizations
To comply with a judicial order or lawfully issued subpoena
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.

*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 person serving on the Board; a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist). A school official has a legitimate educational interest if the official needs to review an education record to fulfill their professional responsibility.

Schools may also disclose, without consent, “directory” information that includes:

Student name
Grade
School/Homeroom
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Parent/guardian name
Address
Telephone listing
Electronic mail address
Photograph
Honors and awards received
Date of birth
Dates of attendance

The primary purpose of directory information, which is information that is generally not considered harmful or an invasion of privacy if released, is to allow the district to include this type of information in certain school publications. Examples include:

A playbill or concert program showing your student's role or listing your student's name
The annual yearbook
Honor roll or other recognition lists
Graduation or "move up" programs
Sports activity sheets, such as for wrestling, showing the weight and height of team members.

To “opt out” of the school directory and require written consent to provide information or if you have questions, contact Jissely Soto at Jissely.Soto@motsd.org.

For more information or to file a complaint, visit/contact:

U.S. Department of Education - Protecting Student Privacy

U.S. Department of Education
Student Privacy Policy Office (SPPO)
400 Maryland Avenue, SW
Washington, DC 20202-8520

U.S. Department of Education’s FERPA/PPRA complaint information

Email Contacts:
FERPA complaints: FERPA.Complaints@ed.gov
PPRA complaints: PPRA.Complaints@ed.gov