Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords parents/guardians and students who are 18 years of age or older (known as “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 school receives a request for access.
   
   Parents/guardians or eligible students who wish to inspect their child’s or their education records should submit to the school principal a written request that identifies the records they wish to inspect. The Nassau BOCES 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 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 Nassau BOCES to amend their child’s or their education record should write to 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/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. Cases permitting disclosure without consent include:
   
   Disclosure to school officials who need to review education records to fulfill their professional responsibilities. School officials include Nassau BOCES employees (such as administrators, supervisors, instructors or support staff members—including health/medical staff and safety/security personnel); Nassau BOCES Board members; and people or companies with whom the Nassau BOCES has contracted to perform special tasks, such as attorneys, auditors, medical consultants, therapists or volunteers.
   
   PII may be released to third party authorized representatives for the purposes of educational program audit, evaluation, enforcement or compliance purposes, but only if they have agreed in writing to keep student information confidential. The Nassau BOCES shall provide information as a supplement to the “Parents’ Bill of Rights” about third parties with which the Nassau BOCES contracts that use or have access to personally identifiable student data.
   
   Upon request, the Nassau BOCES discloses education records without consent to officials of a school district or BOCES in which a student seeks to or intends to enroll or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.
   
   Unless parents/guardians or eligible students have exercised their right in writing to deny release of the information, the Nassau BOCES, at its discretion, may release directory information. Revised April 2025 Directory information includes the following information relating to a student: the student’s name; address (except information about a homeless student’s living situation); major course of study; participation in school activities; dates of attendance; awards received; most recent school attended; grade level; home district; and post-secondary enrollment status. The Nassau BOCES shall not sell directory information.
   
   Unless parents/guardians or eligible students have exercised their right in writing to deny release of the information without prior written consent, the Nassau BOCES shall disclose a high school student’s name, address and telephone number to military recruiters and institutions of higher learning.
   
   Other exceptions exist that permit disclosure of PII without consent include certain types of disclosures. Some are listed below. Most of these types of disclosures are subject to certain additional requirements and limitations. Please see FERPA for more information about them.
   • to authorized representatives of government entities and officials in connection with audits, evaluations or certain other activities;
   • in connection with financial aid for which the student has applied or which the student has received;
   • to organizations conducting studies for, or on behalf of, the Nassau BOCES;
   • to accrediting organizations to carry out their accrediting functions;
   • to parents of students age 18 and over if the student is a dependent for Internal Revenue Service (IRS) tax purposes;
   • to comply with a judicial order or lawfully issued subpoena; and
   • to appropriate officials in connection with a health or safety emergency.
      
4. File a complaint with the U.S. Department of Education concerning alleged failures by the Nassau BOCES 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