Purpose

This policy and the procedures included within it are intended to satisfy the requirements of the Family Educational Rights and Privacy Act (FERPA) and Oklahoma law. The Board of Education authorizes the Superintendent to inform parents, students and the public of the policy and to take appropriate action to implement the policy and procedures.

Definitions

For purposes of this policy, the following definitions apply:

1. Student - Any individual who attends or has attended a program of instruction sponsored by the Board of Education of Northeast Tech (NT) and for whom it maintains education records.

2. Eligible student - A student who has reached age 18 or is attending a post-secondary school.

3. Parent – A parent of a student, including a natural parent, a guardian or an individual acting as a parent in the absence of a parent or guardian. NT will assume that either parent has a right of access to records regardless of custody orders unless NT has been provided with evidence that the right of access has been revoked. Documents such as a court order or other legally binding document relating to such matters as divorce, separation or custody that specifically revoke the right to inspect and review records must be provided to NT to prevent parent access to student records.

4. Education records - Any record (in handwriting, print, computer media, video or audio tape, film, microfilm, microfiche or other method of recording information) directly related to a student and maintained by NT or a party acting for NT, except:

   1. Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

   2. Records of a law enforcement unit of NT, but only if education records maintained by NT are not disclosed to the unit, and the law enforcement records are maintained separately from education records; maintained solely for law enforcement purposes; and disclosed only to law enforcement officials of the same jurisdiction.

   3. An employment record made and maintained in the normal course of business that is not available for use for any other purpose and that relates exclusively to a student in his or her capacity as an NT employee. (This provision does not include employment activities for which a student receives a grade or credit in a course.)

   4. Records on an eligible student that are:

      1. Made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity;

      2. Made, maintained or used only in connection with treatment of the student (treatment does not include remedial educational activities or activities that are part of the program of school instruction); and

      3. Disclosed only to individuals providing the treatment.

   5. Alumni records that relate to the student after he or she no longer attends classes provided by NT that are not directly related to the individual as a student.

   6. Grades on peer-graded papers before they are collected and recorded by a teacher.

5. Personally identifiable information – The term includes, but is not limited to any information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community who does not have personal knowledge of the relevant circumstances to identify the student with reasonable certainty. The term also includes information requested by a person who NT reasonably believes knows the identity of the student to whom the education records relate. Personally identifiable information includes the student's name; the student's parents' or other family member's name; the student's or family's address; a personal identifier such as the student’s social security number, student number or biometric record; and other indirect identifiers such as the student’s date of birth, place of birth and mother’s maiden name.

6. Dates of attendance

   1. The period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester or a first quarter.

   2. The term does not include specific daily records of a student’s attendance at an educational agency or institution.

   3. Directory information - Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.

Annual Notice

NT will notify parents and eligible students annually of their rights under FERPA by means of an NT newsletter, newspaper notice, school handbook or individual notice.

The notice will inform parents and eligible students that they have the right to:

1. Inspect and review the student's education records. The notice will also identify the procedure for exercising this right.

2. Seek amendment of the student’s education records that the parent or eligible student believes to be inaccurate, misleading or otherwise in violation of the student’s privacy rights. The notice will also identify the procedure for requesting amendment.

3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA and its implementing regulations authorize disclosure without consent. NT will also include in the notice its policy for disclosing education records to schools in which the student subsequently seeks or intends to enroll, its criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.

4. File a complaint with the U.S. Department of Education concerning NT’s alleged failure to comply with FERPA.

NT will arrange to provide translations of its annual notice to non-English speaking parents in their native language and to effectively notify parents or eligible students who are disabled.

All rights and protections given parents under FERPA and this policy transfer to the student when he or she reaches age 18 or enrolls in a postsecondary school. The student then becomes an "eligible student."

The Right to Inspect and Review the Student’s Education Records

Parents of students and eligible students may inspect and review the student's education records upon request. In some circumstances, it may be mutually more convenient for the record custodian to provide copies of records. The parent or eligible student may also provide consent to have a representative inspect and review the records. Access will be provided during school hours and within no more than 45 days of the request.

Access to a child’s confidential records will be provided upon request before any IEP meeting or hearing relating to the identification, evaluation or educational placement of a child or the provision of a free and appropriate education to the child and in all cases within no more than 45 days of a request.

NT will not withhold a parent’s or eligible student’s right to inspect and review student records because of debts owed NT.

The right to inspect education records also includes the right to an explanation and interpretation of the records by NT officials.

Parents or eligible students should submit to the student's Campus Director a written request that identifies as precisely as possible the records he or she wishes to inspect. Since a student's records may be maintained in several locations, the Campus Directors should offer to collect copies of records or the records themselves from locations other than a student's Campus, so they may be inspected at one site. However, if parents and eligible students wish to inspect records where they are maintained, Campus Directors will make every effort to accommodate their wishes. The Campus Director (or other custodian) will make the needed arrangements as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected.

When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the records of the other students.

NT is not required to give an eligible student access to treatment records (as defined by the term "education records" in the Definitions section of this policy), but the student may have those records reviewed by a physician or other appropriate professional of the student's choice.

Copies of Records

NT will provide the parent with a copy of the student’s education records under the following circumstances:

1. If mutually agreed by both the parent or eligible student and NT.

2. If failure to provide copies would effectively prevent the parent or eligible student from exercising the right to inspect and review the records. This may arise when a valid reason, such as working hours, the distance between record location sites or health, prevents a parent or eligible student from personally inspecting and reviewing a student's education record.

3. At the request of the parent or eligible student when NT has provided the records to third parties by the prior consent of the parent or eligible student.

4. At the request of the parent or eligible student when NT has forwarded the records to another school where the student seeks or intends to enroll.

NT will charge a fee for copies of education records. When a fee represents an unusual hardship, the record custodian may waive it in part or entirely. However, NT reserves the right to make a charge for copies such as transcripts it forwards to potential employers or to colleges and universities for employment or admissions purposes.

NT’s fee for copies provided under FERPA will range from no cost to .25 per page (actual copying cost less hardship factor). NT will not charge for the costs of search and retrieval.

Types and Locations of Education Records at NT

Directory Information

NT designates the following information contained in a student's record as "directory information," and it will disclose that information without the prior written consent of the parent or eligible student:

1. The student's name;

2. The student's address;

3. The student's telephone listing;

4. The student's date and place of birth;

5. The student’s dates of attendance;

6. The student's High School grade level (i.e., 11th grade, etc.);

7. The student's participation in officially recognized activities and sports;

8. The student's degrees, honors and awards received;

9. The student's weight and height, if a member of an athletic team;

10. The most recent educational agency or institution attended;

11. The student’s photograph; and

12. The student’s electronic mail address.

NT will notify parents and eligible students annually of the designated items of directory information by means of an NT newsletter, newspaper notice, school handbook or individual notice. Parents and eligible students have the right to exclude directory information from public access by notifying the Campus Director’s office, in writing, of any or all of the items they refuse to permit NT to designate as directory information about that student. The student's records will be marked to indicate the items NT will designate as directory information about that student. This designation will remain in effect until it is modified by the written direction of the student's parent or the eligible student.

Use and Disclosure of Student Education Records

NT officials may release information from a student's education record if the student's parent or the eligible student gives his or her signed and dated prior written consent for the disclosure. The written consent must:

1. Specify the records that may be disclosed;

2. State the purpose of the disclosure; and

3. Identify the party or class of parties to whom the disclosure may be made.

NT will only release information from or permit access to a student's education record with a parent or eligible student's prior written consent, except in the following instances permitted by FERPA:

1. The disclosure is to other school officials, including teachers, within NT whom NT has determined to have legitimate educational interests.
   
   A school official is a person employed by NT as an administrator, supervisor, instructor, or support staff member, including health or medical staff and law enforcement unit personnel; a person serving on the Board of Education; a person or company with whom NT has contracted to perform a special task, such as an attorney, auditor, medical consultant or therapist; or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or 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. NT will use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. NT will ensure that its policy for controlling access to education records is effective and remains in compliance with the legitimate educational interest requirement of the FERPA regulations.
   
   A contractor, consultant, volunteer or other party to whom NT has outsourced institutional services or functions may be considered a school official provided that the outside party performs an institutional service or function for which NT would otherwise use employees; is under NT’s direct control concerning the use and maintenance of education records; and is subject to the requirements of FERPA regulations governing the use and re-disclosure of personally identifiable information from education records.
   

2. The disclosure is to officials of another school, school system or institution of post secondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is related to the student’s enrollment or transfer. (Parents and students have a right to obtain copies of the records disclosed under this provision).

   
   

3. The disclosure is to authorize representatives of the Comptroller General of the United States, the U.S. Secretary of Education, or State and Local Educational authorities. Military services representatives shall have access to student directory information unless the parent, legal guardian or the student age 18 or older specifically denies such access in writing. Military services representatives have the same access to secondary school students as is generally provided to post secondary institutions or prospective employers unless denied in writing by the parent, legal guardian or student age 18 or older.
   

4. The disclosure is in connection with financial aid for which the student has applied or that the student has received, if necessary to determine eligibility for the aid, the amount of the aid, the conditions for the aid, or to enforce the terms and conditions of the aid.
   

5. The disclosure is to organizations conducting studies for or on behalf of NT to develop, validate or administer predictive tests, administer student aid programs or improve instruction in compliance with Section 99.31(a)(6) of the FERPA regulations.
   

6. The disclosure is to accrediting institutions to carry out their accrediting functions.
   

7. The disclosure is to parents of eligible students if the parents claim the student as a dependent as defined in Section 152 of the Internal Revenue Code of 1986.
   

8. The disclosure is to comply with a judicial order or lawfully issued subpoena. NT will make a reasonable effort to notify the student’s parents or the eligible student before making a disclosure under this provision unless:

   1. the disclosure is in compliance with a federal grand jury subpoena and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

   2. the disclosure is in compliance with a federal grand jury subpoena and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;

   3. the disclosure is in compliance with an ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning the investigation or prosecution of an offense listed in the Patriot Act or an act of domestic or international terrorism as defined by law;

   4. NT initiates legal action against a parent or student, NT may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for NT to proceed with the legal action as plaintiff; or

   5. the parent or eligible student initiates legal action against NT, NT may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for NT to defend itself.
      

9. The disclosure is to appropriate parties in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. In making this determination NT may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If NT determines that there is an articulable and significant threat, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
   

10. The disclosure contains only “directory information” as defined in this policy, and the parent or eligible student has not refused to allow NT to designate that item as directory information for the student.
    

11. The disclosure is made directly to the parent or eligible student.
    

12. If a state law adopted before November 19, 1974, allows certain specific items of information to be disclosed in personally identifiable form from student records to state and local officials or authorities concerning the juvenile justice system and the system's ability to effectively serve the student whose records are released or if a state law adopted after November 19, 1974, allows such information to be disclosed to state or local officials concerning the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released.
    
    NT will use reasonable methods to identify and authenticate the identity of parents, students, school officials and any other parties to whom NT discloses personally identifiable information from education records.

Upon request, the student's parent or eligible student may obtain a copy of any records disclosed under this provision.

Record of Requests for Access and Disclosures Made from Education Records

NT will maintain an accurate record of each request for access to and each disclosure of personally identifiable information from the education records of each student. NT will maintain this record with the student’s education records as long as the records are maintained.

For each request or disclosure, the record will include:

1. The name of the party who requested or received personally identifiable information from the education records; and

2. The party’s legitimate interests in requesting or obtaining the information.

NT will record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception in FERPA:

1. The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and

2. The parties to whom NT disclosed the information.

As permitted by FERPA, NT may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. NT will inform a party to whom such disclosure is made of this nondisclosure requirement.

In the alternative, NT may disclose personally identifiable information with the understanding that the party receiving the information may make further disclosure of the information on NT’s behalf if:

1. The disclosures meet the requirements of the Use and Disclosure of Student Education Records section of this policy;

2. NT makes a record of the disclosure that includes the names of the additional parties to whom the receiving party may disclose the information on NT’s behalf and the legitimate interests each additional party has in requesting or obtaining the information; and

3. NT maintains a record of the names of State and local educational authorities and Federal officials and agencies that may make further disclosures of personally identifiable information from the student’s education records without consent and maintains this record with the student’s education records as long as the records are maintained.

Procedures to Seek to Correct Education Records

Parents and eligible students have a right to seek to change any part of the student's record they believe is inaccurate, misleading or in violation of student rights. NT will not use this procedure to consider a request to change the grade a teacher assigns for a course. Absent authorization from the State Board of Education, NT will not modify sex or gender designations on any prior year records.

For purposes of outlining the procedure to seek to correct education records, the term "incorrect" will be used to describe a record that is alleged to be inaccurate, misleading or in violation of student rights. The term "correct" will be used to describe a record that is alleged to be accurate, not misleading and not in violation of student rights. Also, in this section, the term "requester" will be used to describe the parent of a student or the eligible student who is asking NT to correct a record.

To establish an orderly process to review and correct an education record for a requester, NT may make a decision to comply with the request for a change at several levels in the procedure.

First level decision - When a parent of a student or eligible student finds an item in the student's education record that he or she believes is incorrect, he or she should immediately ask the record custodian to correct it. If the record is incorrect because of an obvious error and it is a simple matter to make the record change at this level, the record custodian will make the correction. However, if the record is changed at this level, the method and result must satisfy the requester.

If the custodian cannot change the record to the requester's satisfaction or the record does not appear to be obviously incorrect, the custodian will provide the requester a copy of the questioned record at no cost; ask the requester to initiate a written request for the change; and follow the procedure for a second level decision.

Second level decision - The written request to correct a student's education record through the procedure at this level should specify the correction the requester wishes NT to make. It should at least identify the item the requester believes is incorrect and state whether he or she believes the item: is inaccurate and why; is misleading and why; or violates student rights and why. The requester must sign and date the request.

Within two weeks after the record custodian receives a written request, he or she will: study the request, discuss it with other school officials (such as the person who made the record or those who may have a professional concern about NT’s response to the request), make a decision to comply or decline to comply with the request and complete the appropriate steps to notify the requester or move the request to the next level for a decision.

If, as a result of this review and discussion, the record custodian decides the record should be corrected, he or she will effect the change and notify the requester in writing that he or she has made the change. Each such notice will include an invitation for the requester to inspect and review the student's education record to make certain the record is in order and the correction is satisfactory.

If the custodian decides the record is correct, he or she will make a written summary of any discussions with other officials and of his or her findings in the matter. He or she will transmit this summary and a copy of the written request to the Superintendent.

Third level decision - The Superintendent or designee will review the material provided by the record custodian and, if necessary, discuss the matter with other officials (such as the school attorney or the Board of Education (in executive session)). He or she will then make a decision concerning the request and complete the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it will take longer, the Superintendent or designee will notify the requester in writing of the reasons for the delay and a date when the decision will be made.

If the Superintendent or designee decides the record is incorrect and should be changed, he or she will advise the record custodian to make the changes. The record custodian will advise the requester of the change as he or she would if the change had been made at the second level.

If the Superintendent or designee decides the record is correct, he or she will prepare a letter to the requester which will include:

1. NT’s decision that the record is correct and the basis for the decision;

2. A notice to the requester that he or she has a right to ask for a hearing to present evidence that the record is incorrect and that NT will grant such a hearing;

3. Instructions for the requester to contact the Superintendent or designee to discuss acceptable hearing officers, convenient times and a satisfactory site for the hearing. (NT will not be bound by the requester's positions on these items, but will, so far as possible, arrange the hearing as the requester wishes.); and

4. Advise that the requester may be represented or assisted in the hearing by other parties, including an attorney at the requester's expense.

Fourth level decision - After the requester has submitted (orally or in writing) his or her wishes concerning the hearing officer and the time and place for the hearing, the Superintendent or designee will, within a week, notify the requester when and where NT will hold the hearing and who it has designated as the hearing officer.

At the hearing, the hearing officer will provide the requester a full and reasonable opportunity to present material evidence and testimony to demonstrate that the questioned part of the student's education record is incorrect, as shown in the requester's written request for a change in the record (second level).

Within one week after the hearing, the hearing officer will submit to the Superintendent or designee a written summary of the evidence submitted at the hearing. Along with the summary, the hearing officer will submit his or her recommendation, based solely on the evidence presented at the hearing, that the record should be changed or remain unchanged.

The Superintendent or designee will prepare NT’s decision within two weeks of the hearing. That decision will be based on the summary of the evidence presented at the hearing and the hearing officer's recommendation. However, NT’s decision will be based solely on the evidence presented at the hearing. Therefore, the Superintendent or designee may overrule the hearing officer if he or she believes the hearing officer's recommendation is not consistent with the evidence presented. As a result of NT’s decision, the Superintendent or designee will take one of the following actions:

1. If the decision is that NT will change the record, the Superintendent or designee will instruct the record custodian to correct the record. The record custodian will correct the record and notify the requester as at the second level decision.

2. If the decision is that NT will not change the record, the Superintendent or designee will prepare a written notice to the requester, which will include:

   1. NT’s decision that the record is correct and will not be changed;

   2. A copy of a summary of the evidence presented at the hearing and a written statement of the reasons for NT’s decision; and

   3. A notice that the requester may place in the student's education record an explanatory statement that states the reasons he or she disagrees with NT’s decision and/or the reasons he or she believes the record is incorrect.

Final administrative step in the procedure - When NT receives an explanatory statement from a requester after a hearing, it will maintain that statement as part of the student's education record as long as it maintains the questioned part of the record. The statement will be attached to the questioned part of the record, and whenever the questioned part of the record is disclosed, the explanatory statement will also be disclosed.

Complaints

If a parent of a student, an eligible student or a citizen of NT believes that NT is violating FERPA, that person has a right to file a complaint with the Department of Education. The contact information is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5091
Telephone: (202) 260-3887

Availability of Policy

Copies of this policy will be available for parent and eligible student review in the Campus Director’s office of each NT Campus and in the Superintendent's office.

Notification of Rights Under FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that affords parents and “eligible students” over 18 years of age certain rights with respect to the student's education records. They are:

1. The right to inspect and review the student's education records within 45 days from the day NT receives a request for access.
   
   Parents or eligible students must submit a written request to the Campus Director or appropriate school official that identifies the record(s) they wish to inspect. This Campus Director or appropriate school official will make arrangements for access to the education records and will notify the parent or eligible student of the time and place where these records may be inspected.
   

2. The right to request correction 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.
   
   Parents or eligible students may ask NT to amend a record they believe is inaccurate, misleading or otherwise in violation of the student’s privacy rights. They must submit a written request to the Campus Director or appropriate school official, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading or otherwise in violation of the student’s privacy rights.
   
   If NT decides not make changes in the record as requested, NT must notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for correction. Additional information about hearing procedures will be provided to the parent or eligible student at the time of this notification.
   

3. 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 (34 CFR § 99.31).
   
   NT officials with legitimate educational interests are permitted disclosure without consent. A school official is a person employed by NT as an administrator, supervisor, instructor, or support staff member, including health or medical staff and law enforcement unit personnel; a person serving on the Board of Education; a person or company with whom NT has contracted to perform a special task, such as an attorney, auditor, medical consultant or therapist; or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or 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.
   
   Upon request, NT will disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
   
   NT may disclose, without consent, “directory” information; however, NT must inform parents and eligible students about directory information, allowing them a reasonable amount of time to request that NT not disclose directory information about that student.
   
   NT must notify parents and eligible students annually of their rights under FERPA by means of a special letter, student handbook, and/or other means left to the discretion of NT.
   

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by NT 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, D.C. 20202-5901

Directory Information Notice

The Family Educational Rights and Privacy Act (FERPA), a federal law, requires that NT, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, NT may disclose appropriately designated “directory information” without written consent, unless you have advised NT to the contrary in accordance with NT procedures. The primary purpose of directory information is to allow NT 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) as reauthorized by Every Student Succeeds ACT (ESSA) of 2015 to provide military recruiters, upon request, with three directory information categories – 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 NT to disclose directory information from your child’s education records without your prior written consent, you must notify the Campus Director, in writing. NT has designated the following information as "directory information," and it will disclose that information without prior written consent:

1. The student's name;

2. The student's address;

3. The student's telephone listing;

4. The student's date and place of birth;

5. The student’s dates of attendance;

6. The student's High School grade level (i.e., 11th grade, etc.);

7. The student's participation in officially recognized activities and sports;

8. The student's degrees, honors and awards received;

9. The student's weight and height, if a member of an athletic team;

10. The most recent educational agency or institution attended;

11. The student’s photograph; and

12. The student’s electronic mail address.

Adopted on 09/14/09 and amended 08/12/19; 09/14/20; 08/12/24