Adoption Date: 5/10/1978, Revised: 7/19/1994; 6/20/00; 7/1/08; 2/23/16; 7/26/19


The Brockport Central School District will comply with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) which protects the privacy of student records.

FERPA provides parents and eligible students the right to inspect, review, and to challenge any and all of the student’s education records. It also requires written parent or eligible student consent to disclose the student’s records (in which the student is personally identifiable) to third parties, except for parties or in situations for which FERPA authorizes disclosure without consent.


Under FERPA, the term “parent” includes guardians, and the term “eligible student” means a student who is eighteen (18) years of age or older or who is attending an institution of post-secondary education.

Once a student becomes “eligible,” the FERPA rights to privacy, access, and challenge transfer from the parents to the eligible student. However, parents who claim the student as a dependent for Federal income tax purposes may continue to have access to the student’s records without the student’s consent.

The term "education records" is defined as all District records, files, documents and other materials, regardless of medium, containing information directly related to a student. It does not include exclusions permissible under law, such as personal notes made by teachers or other staff when such notes are kept in the sole possession of the maker not accessible or revealed to any other person except a temporary substitute, and used only as a memory aid.

Additionally, FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation and not from the student's education records. Records created and maintained by a law enforcement unit for law enforcement purposes are also excluded.

Release of Information to the Noncustodial Parent

The District will presume that a noncustodial parent has the authority to request and receive information concerning his/her child and release such information upon request. If the custodial parent wishes to limit the noncustodial parent's access to the records, it would be his/her responsibility to obtain and present to the school a legally binding instrument that prevents the release of said information.


Pursuant to FERPA, the District may release student records including personally identifiable information (PII) without parent/eligible student to certain parties and/or in certain situations. These exceptions may include:

  • disclosures made to school officials with legitimate educational interests;
  • disclosures made to another school at which the student intends to enroll;
  • disclosures made to state or local education authorities for auditing or evaluating federal- or state-supported education programs, or enforcing federal laws that relate to those programs; and
  • disclosures including information the school has designated as "directory information."

    Regulations and Procedures

    The Board directs that administrative regulations and procedures be maintained to supplement the terms of this policy and to assure District implementation remains consistent with current FERPA requirements.

    The regulation/procedures will assure records are maintained securely and will also:

  • Make student education records accessible to parents, eligible students, and authorized staff
  • Ensure confidentiality of such records with respect to unauthorized third parties
  • Provide guidelines for the transfer of student education records to other schools or post-secondary educational institutions
  • Identify FERPA-allowable exceptions under which the District may release student records without parent/eligible student consent
  • Provide for hearings for parent or eligible student challenges to the content of records

Policy References:
Family Educational Rights and Privacy Act of 1974
20 United States Code (USC) Section 1232(g)
34 Code of Federal Regulations (CFR) Section Part 99


Policy Cross References:

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