Student Privacy

Department of Education

The Family Educational Rights and Privacy Act (FERPA)

(20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):

- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Protection of Pupil Rights Amendment (PPRA)

The Protection of Pupil Rights Amendment (PPRA) applies to the programs and activities of a state education agency (SEA), local education agency (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:

political affiliations or beliefs of the student or the student’s parent;
mental or psychological problems of the student or the student’s family;
sex behavior or attitudes;
illegal, anti-social, self-incriminating, or demeaning behavior;
critical appraisals of other individuals with whom respondents have close family relationships;
legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
religious practices, affiliations, or beliefs of the student or student’s parent; or
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.

Children's Online Privacy Protection Act

COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.

District Policies- FERPA

Code: JRA-E(2)

SUBLETTE COUNTY SCHOOL DISTRICT # 9
Notification of Rights under FERPA
For Elementary and Secondary Schools

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“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 day the School receives a request for access.

Parents or eligible students should submit to the School principal (or appropriate school official) a written request that identifies the record(s) 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.

(2) The right to request the amendment of the student’s educational 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 School to amend a record should write the School principal (or appropriate school official), 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 advise them 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.

(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.

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); a person serving on the School Board; a person or company with whom the School has contracted as its agent to provide a service instead of using its own employees or officials (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, the School discloses education records, including disciplinary records relating to suspension and expulsion, without consent to officials of another school district in which a student seeks or intends to enroll.

(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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 20202-5920

Sublette County School District # 9 will make available to the public, directory information pertaining to students at Sublette County School District # 9. Directory information includes the following: the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, date of attendance, the most recent previous education agency or institution attended, and degrees and awards received. If you are unwilling to allow any or all of the above-described directory information to be released without your consent, you must notify the Office of the Superintendent within thirty (30) days from the date of this notice.

Adoption Date: 5/15/14

Amended Date: 3/21/17

Policy - EHA

Student Data Privacy and Security

Sublette County School District #9 (District) is required to establish and maintain guidelines for the collection, access, privacy, security and use of student data by school districts. The guidelines shall, at a minimum, be in compliance with the federal Family Educational Rights and Privacy Act (FERPA) and other relevant federal and state laws. The Superintendent and/or designee shall develop and maintain administrative regulations, guidelines and procedures to protect the privacy and security of student data. This policy applies to all employees and/or contractors of the District. Any violation of this policy will be subject to disciplinary action allowed by Board Policy including reprimand, suspension, termination or any remedies allowed by law.

STUDENT DATA PRIVACY & SECURITY

The Superintendent and/or designee shall develop and implement student data privacy and security guidelines and procedures. These guidelines and procedures provide detailed information and steps to ensure the privacy of student data and that only authorized individuals or entities have access. These guidelines and procedures shall also provide detailed information and mechanisms to ensure student data is secure in transit and at rest. These guidelines and procedures shall be included in the Sublette County School District #9 Technology and Data Guidelines. The District Technology and Data Guidelines will be approved annually by the Board of Trustees per policy (CHCA). These guidelines and procedures shall include the following:

Data Collection
Authorized and Authentication Mechanisms for Assessing Student Data
Administrative, Physical, and Logical Security Safeguards: Including Employee Training and Data Encryption.
Privacy and Security Compliance
Process for Identification and Response to Data Security Incidents: Including Breach Notification and Mitigation Procedures
Standards for Retention and Verified Destruction of Student Data

Adopted: 01/15/18

Code: JRAC

STUDENT PRIVACY PROTECTION AND

PARENTAL RIGHT OF INSPECTION TO CERTAIN MATERIAL

The parents of a student enrolled in Sublette County School District Number 9 shall have the right to inspect, upon written request, a survey created by a third party before the survey is administered or distributed by the school to the student. Upon receiving such written request, the school shall provide the parent requesting such survey information, a copy of the survey within two (2) business days of receiving the request. The school shall ensure that it will give a copy of the survey to the parent prior to administering or distributing the survey to that parent’s child.

The school district recognizes that students are not required to respond to surveys requesting certain types of information. Specifically, the student is not required to provide information regarding the following issues:

$ political affiliations or beliefs of the student or the student’s parent;

$ mental or psychological problems of the student or the student’s family;

$ sex behavior or attitudes;

$ illegal, antisocial, self-incriminating, or demeaning behaviors;

$ critical appraisals of other individuals with whom respondent has close family relationships;

$ legally recognized privilege or analogous relationships, such as those of lawyers, physicians, and ministers;

$ religious practices, affiliations or beliefs of the student or the student’s parents; and

$ income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Upon the school’s receipt of a survey requesting information described by any of the subjects above, the school district shall, within a reasonable time before distributing that survey, give notice to parents of the students to whom the survey is directed. This notice shall inform the parents of their right to inspect the survey. The notice shall further notify the parents that their child is not required to respond to those particular subjects listed above. If a parent desires that his/her child shall not take the survey, that parent must notify the school in writing of his/her request.

Any parent of a student of Sublette County School District Number 9 may, upon written request of the parent, inspect any instructional material used as part of the educational curriculum for the student. Such written request shall be delivered to the Principal’s office. Upon receiving such written request, the Principal, or his/her designee shall respond to the written request by notifying the parent when he/she may inspect the requested material. The Principal or his designee shall respond within a reasonable time following the receipt of such written request, and shall make the requested materials available for inspection within a reasonable time following receipt of such written request. The materials shall be open to inspection by the parent who requested such inspection during the normal business hours of the school.

From time to time, the school district may deem it necessary to perform physical examinations or screenings on students. Such screenings may include, but not be limited to, hearing screening, vision screening, physical examinations, and other examinations or screenings for the general health and welfare of the students. Each year at the beginning of the school year, the school district shall directly notify the parents of the specific or approximate dates during the school year when the physical examinations or screenings are scheduled or expected to be scheduled. The school district may require students to obtain physical examinations prior to participating in any athletic or extra-curricular activities. The school shall notify the parents of any non-emergency, invasive physical examination or screening that is a) required as a condition of attendance; b) administered by the school and scheduled by the school in advance; and c) not necessary to protect the immediate health and safety of the student or of other students. Parents who do not want their child to participate in such screening or examination must deliver written notice prior to the date of such scheduled screening or examination, and such written notice shall specifically state that the parent does not want his/her child to be subject to the particular screening or examination. The school district may also perform physical examinations or screenings without notice to the parents in an emergency situation where a student has been injured in a manner which requires immediate attention.

Occasionally, the school may administer surveys involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information, or for otherwise providing that information to others for that purpose. The school district shall notify parents at the beginning of the school year when such surveys may be administered, or when they are expected to be scheduled. In the event of the administration of such a survey, the school district will take measures to protect student privacy, such as FERPA.

Each parent of a student at Sublette County School District Number 9 shall have the right, upon written request, to inspect any instrument used in the collection of personal information in the above paragraph before the instrument is administered or distributed to the students.

THE SCHOOL DISTRICT MUST PROVIDE REASONABLE NOTICE OF THE ADOPTION OR CONTINUED USE OF THESE POLICIES DIRECTLY TO THE PARENTS OF STUDENTS ENROLLED IN THE SCHOOLS IN THIS SCHOOL DISTRICT. AT A MINIMUM, THE SCHOOL DISTRICT MUST PROVIDE SUCH NOTICE AT LEAST ANNUALLY AT THE BEGINNING OF THE SCHOOL YEAR, AND WITHIN A REASONABLE PERIOD OF TIME AFTER ANY SUBSTANTIVE CHANGE TO THE POLICY, AND AFTER AN OPPORTUNITY FOR THE PARENT TO OPT THE STUDENT OUT OF PARTICIPATION IN AN ACTIVITY REQUESTING INFORMATION WHICH STUDENTS ARE NOT REQUIRED TO PROVIDE.

NOTE: THIS POLICY MUST BE DEVELOPED IN CONSULTATION WITH PARENTS.

NCLBA Reference: Title X, Part F, '1061

Statutory Reference: 20 U.S.C. '1232(h)(c)(2)

Adopted: 3/21/17

Code: EHAA

ACCEPTABLE USE POLICY

Purpose:

The purpose is to implement policies and procedures that specify the proper functions to be performed, the manner in which those functions are to be performed, and the physical attributes of the surroundings of a specific workstation or class of workstation that can access sensitive information.

Scope:

This policy applies to all District workforce members including, but not limited to full-time employees, part-time employees, trainees, volunteers, contractors, temporary workers, and anyone else granted access to sensitive information. In addition, this policy applies to all workstations and other computing devices owned or operated by the District and any computing device allowed to connect to the District’s internal network.

Policy:

The workstations and other computing devices at the District are to be used for work related purposes except as otherwise provided. This includes, but is not limited to, Internet and Web access as well as the use of e-mail at the District. Workforce members should not expect any level of privacy as their activities, e-mails, files, and logs may be viewed at any time by the Security Officer or other members of management in support of this and other policies and procedures.

The District may revoke the access rights of any individual at any time in order to protect or secure the confidentiality, integrity, and availability of sensitive information or to preserve the functionality of electronic information systems.

The District will implement reasonable and appropriate measures to secure its computing devices could be used to access sensitive information. These measures will include, but are not limited to the following:

All user and administrator accounts must be protected by some form of authentication. If passwords are used, they must follow the guidelines set forth in the Authentication Policy.
All users accessing the District computing devices must have and use a unique user ID as set forth in the Authentication Policy.
Procedures must be maintained that implement security updates and software patches in a timely manner.
Procedures must be maintained that require users to run an up-to-date anti-virus program on all computing devices at the District.
All unnecessary and unused services (or ports) must be disabled.
Measures will be taken to physically protect computers that are located in public areas and portable computers such as laptops and PDAs that can be taken off the premises.
Computers located in public areas will be situated as to block unauthorized viewing and/or will have screen savers that black out the screen.

Responsibilities:

The Security Officer will be responsible for ensuring the implementation of the requirements of this policy.

Compliance:

Failure to comply with this or any other security policy will result in disciplinary actions up to and including termination of employment. Legal actions also may be taken for violations of applicable regulations and standards such as state and federal rules to include the Family Educational Rights and Privacy Act (FERPA).

WSBA Adopted: 10/2017

Adopted: 6/15/21

District Policy-PPRA

Code: JRA-E(3)

SUBLETTE COUNTY SCHOOL DISTRICT # 9
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)

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

$ Receive notice and an opportunity to opt a student out of -

Any other protected information survey, regardless of funding;

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

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 –

Protected information surveys of students;
Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
Instructional material used as part of the educational curriculum.

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

The School District has developed and adopted policies and administrative regulations 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. The School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. 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. 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 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: