FERPA Annual Notice

The Clark School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities and provides equal access to the Boy Scouts and other designated youth groups.1 The following person has been designated to handle inquiries regarding the non-discrimination policies:

Luanne Warren, Superintendent
220 North Clinton Street Clark, SD 57225
(605)532-3604

For further information on notice of non-discrimination, please contact the Office for Civil Rights:

U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106
Telephone: (816) 268-0550
Facsimile: (816) 268-0559
Email: OCR.KansasCity@ed.gov

CHILD FIND

 

The ClarkSchool District, in order to fulfill the obligations of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act is required to inform and provide full educational opportunities to all individuals with disabilities ages birth through twenty-one.

Luanne Warren, Superintendent of the Clark School District needs your assistance to identify, locate, and evaluate all children with disabilities.  This public awareness notice is to inform parents and other individuals/agencies of the availability of educational services and related services to all individuals who reside within the jurisdiction of the Clark School District and who are between the ages of birth through twenty-one, regardless of the severity of their disability.  This includes individuals in all public and private agencies and institutions and highly mobile children with disabilities, such as migrant and homeless children, who reside within the legal boundaries of the district.

 

Anyone aware of an individual who may benefit from educational services and related services is encouraged to call the Clark School District, at (605) 532-3604.

 

PUBLIC INFORMATION

The Clark School District has the following documents available for review by parents of children with disabilities and to the general public:

  1. Comprehensive Plan for Special Education.
  2. IDEA Federal Applications for Funds.
  3. Special Education Accountability/Monitoring Final Report.
  4. Applications, evaluations, periodic program plan or reports relating to federal programs including auditor’s reports, statements of assurance, budget, and grant materials.

 

The Family Educational Rights and Privacy Act (FERPA) affords parents 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 after the day the Clark School District receives a request for access.

Parents or eligible students should submit to the school principal a written request that identifies the records they wish to inspect.  The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

  1. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

Parents or eligible students who wish to ask the Clark School District to amend a record should write the school principal clearly identify the part of the record they want changed, and specify why it should be changed.  If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent 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 or eligible student when notified of the right to a hearing.

  1. 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.

One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  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) or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of 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 or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks.  A school official has a legitimate educational interest if the official needs to review an educa­tion record in order to fulfill his or her professional responsibility.

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Clark School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC  20202

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure.  Parents and eligible students have a right to inspect and review the record of disclosures.  A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

  • 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, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • 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, subject to the requirements of §99.34. (§99.31(a)(2))
  • 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, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, 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.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary 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. (§99.31(a)(4))
  • 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, subject to §99.38. (§99.31(a)(5))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction.  (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)

Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))

NOTICE FOR DIRECTORY INFORMATION

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Clark School District with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Clark School District may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Clark School District to include this type of information from your child’s education records in certain school publications. Examples include:

  • A playbill, showing your 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.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent.

If you do not want Clark School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by September 2, 2016. Clark School District has designated the following information as directory information:

  • Student’s name
  • Address
  • Telephone listing
  • Electronic mail address
  • Photograph
  • Date and place of birth
  • Major field of study
  • Dates of attendance
  • Grade level
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees, honors, and awards received
  • The most recent educational agency or institution attended
  • Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. (A student’s SSN, in whole or in part, cannot be used for this purpose.)

PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)

 

 

PPRA applies to the programs and activities of an SEA, LEA, or other recipient of funds under any program funded by the U.S. Department of Education. It governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:

 

  1. political affiliations or beliefs of the student or the student’s parent;
  2. mental or psychological problems of the student or the student’s family;
  3. sex behavior or attitudes;
  4. illegal, anti-social, self-incriminating, or demeaning behavior;
  5. critical appraisals of other individuals with whom respondents have close family

relationships;

  1. legally recognized privileged or analogous relationships, such as those of lawyers,

physicians, and ministers;

  1. religious practices, affiliations, or beliefs of the student or student’s parent; or 5
  2. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

 

PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors. The rights under PPRA transfer from the parents to a student who is 18 years old or an emancipated minor under State law.

 

LEAs must provide parents and eligible students effective notice of their rights under PPRA.

The notice must explain that an LEA is required to obtain prior written consent from parents before students are required to submit to a survey that concerns one or more of the eight protected areas listed above, if the survey is funded in whole or in part by Department funds. For surveys that contain questions from one or more of the eight protected areas that are not funded in whole or in part with Department funds, LEAs must notify a parent at least annually, at the beginning of the school year, of the specific or approximate date(s) of the survey and provide the parent with an opportunity to opt his or her child out of participating. LEAs must also notify parents that they have the right to review, upon request, any instructional materials used in connection with any survey that concerns one or more of the eight protected areas and those used as part of the educational curriculum.

 

LEAs must notify parents of their rights under PPRA and of these policies at least annually at the beginning of the school year. LEAs must also notify parents within a reasonable period of time if any substantive change is made to the policies. (This notification requirement may be included in the general notification of rights under PPRA.) An LEA is not required to develop and adopt new policies if the SEA or LEA had in place on January 8, 2002, policies covering the requirements set forth in this law. However, the LEA must still provide annual notice of these policies to parents.

 

In addition, an LEA must “directly” notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys listed below and provide an opportunity for parents to opt their child out of participation in the specific survey or activity. The notification must be provided at least annually at the beginning of the school year and must provide the specific or approximate dates during the school year when activities described below are scheduled, or expected to be scheduled. If the LEA is unable to identify the specific or approximate dates of the activities or surveys requiring specific notification at the beginning of the school year, it must provide this notification to parents once the activity or survey is scheduled. Parents should be provided reasonable notification of the planned activities and surveys and be provided an opportunity to opt their child out, as well as be provided with an opportunity to review any pertinent surveys. A model specific notification for use by LEAs is attached and may also be obtained on the Web site noted at the end of this guidance. LEAs must offer an opportunity for parents to opt their child out of participating in the following activities:

 

  • The administration of any survey concerning one or more of the eight protected areas listed above if it is not funded in whole or in part with Department funds. (LEAs must obtain active consent, and may not use an opt-out procedure, if the survey is funded in whole or in part with Department funds);

 

  • Activities involving the collection, disclosure, or use of personal information collected from students for marketing purposes, or to sell or otherwise provide the information to others for marketing purposes; and

 

  • Any non-emergency, invasive physical examination or screening that is 1) required as a condition of attendance; 2) administered by the school and scheduled by the school in advance; and 3) not necessary to protect the immediate health and safety of the student, or of other students. This law does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings permitted without parental notification.

 

The Family Policy Compliance Office address and telephone number are as follows:

 

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, S.W.

Washington, D.C. 20202

(202) 260-3887

 

Informal inquiries may be sent to FPCO via the following email addresses: FERPA@ED.Gov and PPRA@ED.Gov. The FPCO Web site address is: www.ed.gov/fpco.

 
NOTIFICATION OF RIGHTS UNDER THE

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. These include the right to:

  • Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED)–
  1. Political affiliations or beliefs of the student or student’s parent;
  2. Mental or psychological problems of the student or student’s family;
  3. Sex behavior or attitudes;
  4. Illegal, anti-social, self-incriminating, or demeaning behavior;
  5. Critical appraisals of others with whom respondents have close family relationships;
  6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
  7. Religious practices, affiliations, or beliefs of the student or parents; or
  8. Income, other than as required by law to determine program eligibility.

 

  • Receive notice and an opportunity to opt a student out of
  1. Any other protected information survey, regardless of funding;
  2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and

 

  1. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
  • Inspect, upon request and before administration or use –
  1. Protected information surveys of students;

 

  1. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and

 

  1. Instructional material used as part of the educational curriculum.

 

These rights transfer to from the parents to a student who is 18 years old or an emancipated minor under State law.

Clark School District will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Clark School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Clark School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. Clark School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:

  • Collection, disclosure, or use of personal information for marketing, sales or other distribution.
  • Administration of any protected information survey not funded in whole or in part by ED.
  • Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-5901

 

 

 

 

 

PPRA  Example Notice and Consent/Opt-Out for Specific Activities

 

 

The Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h, requires Clark School District to notify you and obtain consent or allow you to opt your child out of participating in certain school activities.  These activities include a student survey, analysis, or evaluation that concerns one or more of the following eight areas (“protected information surveys”):

 

  1. Political affiliations or beliefs of the student or student’s parent;
  2. Mental or psychological problems of the student or student’s family;
  3. Sex behavior or attitudes;
  4. Illegal, anti-social, self-incriminating, or demeaning behavior;
  5. Critical appraisals of others with whom respondents have close family relationships;
  6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
  7. Religious practices, affiliations, or beliefs of the student or parents; or
  8. Income, other than as required by law to determine program eligibility.

 

This requirement also applies to the collection, disclosure or use of student information for marketing purposes (“marketing surveys”), and certain physical exams and screenings.

 

Following is a schedule of activities requiring parental notice and consent or opt-out for the upcoming school year.  This list is not exhaustive and, for surveys and activities scheduled after the school year starts, the Clark School District will provide parents, within a reasonable period of time prior to the administration of the surveys and activities, notification of the surveys and activities and be provided an opportunity to opt their child out, as well as an opportunity to review the surveys.   (Please note that this notice and consent/opt-out transfers from parents to any student who is 18 years old or an emancipated minor under State law.)

 

                                                                                                                            

 

Date:            On or about October 30, 2012

Grades:         Five and Six

Activity:        ABC Survey of At-Risk Behaviors.

Summary:  This is an anonymous survey that asks students questions about behaviors such as drug and alcohol use, sexual conduct, violence, and other at-risk behaviors.  The survey also asks questions of a demographic nature concerning family make-up, the relationship between parents and children, and use of alcohol and drugs at home.

 

A parent must sign and return the attached consent form no later than [insert return date] so that your child may participate in this survey.

 

Opt-out:  Contact Luanne Warren at (605)532-3604 or Luanne.warren@k12.sd.us no later than Sept. 2. 2016 if you do not want your child to participate in this activity.

                                                                                                                            

Date:            November 27 – 29, 2012

Grades:         One through Six

Activity:        Flu Shots

Summary:     The County Department of Public Health Services will administer flu shots for influenza types A and B.

 

Opt-out:  Contact Luanne Warren at (605)532-3604 or Luanne warren@k12.sd.us no later than Sept. 2, 2016 if you do not want your child to participate in this activity.

                                                                                                                            

 

Date:            2012-2013 School Year

Grades:         Nine through Twelve

Activity:        Student-Based Commercial Services

Summary:     Clark School District collects, or allows businesses to collect, use, and disclose personal information on students, including names, addresses, and telephone listings.  These businesses provide student-based products and services, such as computer equipment, sports clothing, school jewelry, and entertainment products.

 

Opt-out:  Contact Clark School District at (605)532-3604 no later than Sept. 2, 2016  if you do not want your child to participate in this activity.

 

 

Date:            2012-2013 School Year

Grades:         Nine through Twelve

Activity:        Student-Based Commercial Services

Summary:     Clark School District collects, or allows businesses to collect, use, and disclose personal information on students, including names, addresses, telephone listings and social security numbers.  These businesses provide student-based products and services, such as computer equipment, sports clothing, school jewelry, and entertainment products.

 

Consent:  A parent must sign and return the attached consent form no later than Sept. 2, 2016  so that your child may participate in this activity.

 

                                                                                                                            

 

If you wish to review any survey instrument or instructional material used in connection with any protected information or marketing survey, please submit a request to Luanne Warren 220 North Clinton St. Clark, SD 57225.  Luanne Warren will notify you of the time and place where you may review these materials.  You have the right to review a survey and/or instructional materials before the survey is administered to a student.

———————————————————————————————————–

 

I __[parent’s name]___give my consent for ____[child’s name]____ to take the ABC Survey of At-Risk Behaviors on or about November 8, 2012.

 

 

_________________________

Parent’s signature

 

Please return this form no later than __[insert date]__ to the following school official:  [Provide name and mailing address.]