The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students who are 18 years of age or older ("eligible students") certain rights with respect to the student's education records.  These rights are:

1. The right to inspect and review the student's education records within 45 days of the request. Requests should be made to the school principal in writing and specify the records the parent/guardian or eligible student wishes to inspect. The principal or another school district official will arrange for access and notify the parent/guardian or eligible student of the time and place where the records may be inspected. Alternatively, the school may copy the records and provide them to the parent/guardian or eligible student, but it is not required to do so.
   
   
2. The right to request the amendment of the student’s education records that the parent/guardian or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Requests for amendments should be made in writing, with specific changes and rationale, to the school principal.

   If the school decides not to amend the record as requested by the parent/guardian or eligible student, the school will notify the parent/guardian or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/guardian or eligible student when notified of the right to a hearing.

3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. Two of the most common examples of disclosure without consent include disclosure of directory information and disclosure to school officials with legitimate educational interest in the information.    

Directory information is defined as the student's first and last name; photographic and electronic images; email address; dates of school attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and most recent school attended. Parents and guardians may opt out of the sharing of directory information by completing the opt-out form. The district does not release directory information for commercial purposes.

• A school official typically includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent/guardian or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent/guardian, student, or other volunteer assisting another school official in performing their tasks. A school official typically has a legitimate educational interest if the official needs to review an education record to fulfill his or her professional responsibility.

  The right to file a complaint with the U.S. Department of Education concerning alleged failures to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:

  Student Privacy Policy Office  
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, DC,  20202
  FERPA.Complaints@ed.gov  

  More FERPA information may be found at the Department of Education website.

  Disclosure of personally identifiable information without obtaining consent:

  A school may disclose personally identifiable information from the education records of a student without obtaining prior written consent of the parents or the eligible student in the following circumstances:

  • To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions
  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer
  • To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, in connection with an 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. 
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid
  • To state and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a state statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released
  • To organizations conducting studies for, or on behalf of, the school, to: develop, validate, or administer predictive tests; administer student aid programs; or improve instruction
  • To accrediting organizations to carry out their accrediting functions
  • To parents of an eligible student if the student is a dependent for IRS tax purposes
  • To comply with a judicial order or lawfully issued subpoena
  • To appropriate officials in connection with a health or safety emergency
  • Information the school has designated as “directory information”
  • To an agency caseworker or other representative of a state or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with state or tribal law
  • To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966

  *(High School Only) Directory Information for the U.S. Military: Federal law requires high schools to release home contact information for all high school students to military recruiters unless parents/guardians deny the release of this information.
  
  Withholding records: A student shall be responsible for the cost of replacing materials or property which are lost or damaged due to negligence. A student's diploma may be withheld until restitution is made by payment or the equivalency through voluntary work as agreed to by the District. The student or the student’s parents/guardians may appeal the imposition of a charge for damages to the Superintendent and Board of Directors.
  
  FERPA Opt-Out Notice: The Family Educational Rights and Privacy Act (FERPA), requires that Mukilteo School District, with certain exceptions, obtains your written consent prior to the disclosure of information from your child’s education records. The form is available at each school’s office.