Family Educational Rights and Privacy Act (FERPA)
Each year, Hawaii public schools are required to
notify parents of their rights under the Family Educational Rights and Privacy Act. These rights are generally broken into four sections. Here is a brief description of FERPA rights:
- The right to inspect and review the student's education records within 45 days of the request.
- The right to request the amendment of the student's education records that the parent, guardian, or eligible student believe are inaccurate or misleading.
- The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.
FERPA requires that the Department, with certain exceptions, obtain parent, guardian, or eligible student’s consent prior to the disclosure of personally identifiable information from the student’s education records. However, the Department may disclose appropriately designated “directory information” without written consent unless the parent, guardian, or eligible student requested the Department to the contrary in writing, (i.e. “Opt Out”). The primary purpose of directory information is to allow the Department to include this type of information from the student’s education records in certain school publications. Examples include, but are not limited to:
A playbill, showing the student’s role in a drama production;
The annual yearbook;
Honor roll or other recognition lists;
Graduation programs, and
Sports activity sheets, such as for wrestling, showing weight and height of team members.
Photos, video and audio recordings, and student work products/publications are not considered Directory Information, and may include Personally Identifiable Information protected under FERPA. Also, student teachers participating in educator preparation programs and staff in professional development courses within the Department may have access to photos, video and audio recordings, and student work samples in the course of their participation in these activities, and therefore would need parent/guardian/eligible student consent to have access to these materials. This consent is given via the following forms:
Protection of Pupil Rights Amendment (PPRA)
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.
Military Recruiter information release
The federal Elementary and Secondary Education Act requires the Department to provide to military recruiters, upon their request, the name, address and telephone number (including unlisted number) of secondary school students. Although military recruiters focus their efforts on high school juniors and seniors, the law allows for the gathering of this information from the broad category of “secondary” students, defined as students in grades 7 through 12. If any secondary student or the parent/guardian of a secondary student does not want the Department to provide the requested information to military recruiters, the secondary student or the parent/guardian must “opt out” of providing such information.
Institutions of Higher Learning information release
The Every Student Succeeds Act of 2015 (ESSA) requires all local education agencies, including the Hawaii Department of Education (DOE), to provide to institutions of higher education, upon their request, the name, address, and telephone number of secondary school students. Although post-secondary institutions schools focus their efforts on high school juniors and seniors, the law allows for the gathering of this information from secondary students. If any eligible student (18 years of age) or the parent/guardian of a secondary student does not want the DOE to provide the requested information to institutions of higher education, the secondary student or the parent/guardian must "opt out" of providing such information.
Chapter 34, Hawaii Administrative Rules
Chapter 34 provides for the following rights relating to the educational records of students:
- Parents may inspect, review, challenge or obtain copies thereof; allow others to review them; and grant permission for their release.
- The rights of parents shall be transferred to the student who has attained eighteen years of age.
- Students under eighteen years of age shall have the right to receive all educational data pertinent to facilitating instruction, guidance and counseling.
Consent for Release of Information
form. Learn more about
Chapter 34 here