Family Educational Rights and Privacy Act (FERPA)
Each year, Hawaii public schools are required to
notify parents of their rights under FERPA. 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.
Parent Notification translations are available in: Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
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 18 years of age shall have the right to receive
all educational data pertinent to facilitate instruction, guidance, and
counseling.
Download the
Consent for Release of Information form. The Chapter 34 Consent for Release of Information is available to authorize the release or receipt of specific document(s)/information.
Forms are available in: Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
Directory Information
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 prior written consent, unless the parent or eligible student has advised the Department to the contrary in accordance with Department procedures. The primary purpose of directory information is to allow the Department to include information from the student’s education records in certain school publications. Examples include, but are not limited to:
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A playbill, showing the student’s role in a drama production;
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The annual yearbook;
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Honor roll or other recognition lists;
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Graduation programs, and
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Sports activity sheets, such as for wrestling, showing weight and height of team members.
The Directory Information notice is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan, and Vietnamese.
Photos, video and audio recordings, and student work products/publications are not considered Directory Information, and may include Personally Identifiable Information (PII) 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)
The federal
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.
The PPRA is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan, and Vietnamese.
Release of Information to military recruiters
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.
The military recruiters notice is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
The military recruiters opt-out form is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
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.
The institutions of higher learning notice is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
The institutions of higher learning opt-out form is
also available in Cebuano (Visayan), Simplified Chinese, Traditional
Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan and Vietnamese.
Technology Responsible Use
The Department is committed to guide students in the use of technology as a tool to support their achievement. Parents/guardians should review the guidelines with their child; then sign the form to constitute an understanding and an agreement to abide by all rules, regulations, and guidelines relating to Department-owned or leased digital devices, network, and internet services, which may be modified or expanded as needed by the Department.
The Technology Responsible Use Guidelines (TRUG) is also available in Cebuano (Visayan), Simplified Chinese, Traditional Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan, and Vietnamese.
The Technology Responsible Use Form (TRUF) is
also available in Cebuano (Visayan), Simplified Chinese, Traditional
Chinese, Chuukese, Hawaiian, Ilokano, Japanese, Korean, Kosraean, Marshallese, Pohnpeian, Samoan, Spanish, Tagalog, Tongan, and Vietnamese.
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