The School's procedures for the confidentiality of student records are consistent with the Family Educational Rights and Privacy Act (FERPA). Parents, those acting in a parental relationship, or eligible students of the Stanley G. Falk School are hereby notified that they will have the following rights in relation to student records:
- The right to inspect and review the student’s education records, unless otherwise limited by court order or other legally binding instrument, within 45 days of receipt of request.
- The right to request the amendment of the student’s education records if the parent or eligible student believes them to be inaccurate.
- Parents or eligible students may request such amendment by writing to the school principal (or appropriate school official), clearly identifying the part of the record they want changed, and specifying why it is inaccurate. 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 requested amendment. Additional information regarding hearing procedures will be provided to the parent or eligible student when notified of this right.
- 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, teacher, services provider, or support staff member (including health staff); a person serving on the School Board; a person or company with whom the School 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 or assisting a 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.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School 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 Ave., SW, Washington, DC 20202.
- If a student’s parent, those acting in a parental relationship, or the eligible student desires to obtain copies of the policy pertaining to student records, notification should be presented to the Assistant Superintendent, Stanley G. Falk School, 848 Delaware Avenue, Buffalo, New York 14209.
All rights and protections given parents under FERPA and this policy transfer to the student when he or she reaches age 18 and petitions for self-determination, or attends a post-secondary school, or has been designated an "emancipated minor." The student then becomes an "eligible student."
Designated Directory Information
The School designates the following personally identifiable information contained in a student’s education record as “directory information” and shall release the information without prior written consent, unless it is for commercial purposes.
- Student’s name
- Name(s) of the student’s parent(s) or legal guardian(s)
- Student’s grade designation (i.e. first grade, tenth grade, etc.)
- Student’s extracurricular school activities and offices (e.g. Student Government)
- Student’s school achievement, awards and honors (e.g. member of Honor Society; selected for MVP award in Soccer)
- Relevant statistics and personal data if a member of an athletic team or other school sponsored course, organization or activity
- Present and previous school(s) attended by the student
Any other information will require parental consent through an “opt-out” process before release to any agency including military recruiters, institutions of higher education, and potential employers. The parent must advise the School in writing of any and all items which he or she will not permit the School to designate as directory information about the student.
A photograph, video, or recording is not “directory information.” However, these may also be used without prior written consent in programs or to provide information or publicity for an activity, the student or the School. If the parent chooses not to permit use of a student’s photograph, video or recording, the parent must notify the School in writing.
The School adheres to the Family Educational Rights and Privacy Act (FERPA). Private health care providers must follow other laws under the Health Insurance Portability and Accountability Act (HIPAA). In instances where the School needs to communicate with private health care providers, the parent will need to complete the required form(s) provided by their health care provider before school officials may make contact. Confidential medical information will be shared only with school personnel who need to know. Information needed may include understanding the impact a medical condition may have on a child within the classroom setting and/or how to recognize and potentially manage significant medical concerns until medical help arrives.