Student Data Privacy

The Family Educational Rights and Privacy Act (FERPA), a federal law administered by the Department (20 U.S.C. § 1232g; 34 CFR Part 99), affords parents and “eligible students” (students who are at least 18 years old, or, in attendance at a postsecondary institution at any age) certain rights with respect to education records, such as the right to consent to the disclosure of personally identifiable information (PII) from the education records (except in certain circumstances).

You have a right to inspect and review your child’s education records, the right to seek to amend those records, the right to consent to disclosure of PII from those records (unless an exception applies), and the right to file a complaint with the Department regarding an alleged FERPA violation. In accordance with law, absolute access to any student records shall be granted to:

1. Parents/guardians of students younger than age 18 years, including the parent who is not the student's custodial parent  (Education Code 49069; Family Code 3025)
2.  An adult student, or a student under the age of 18 years who attends a postsecondary institution, in which case the student alone shall exercise rights related to his/her student records and grant consent for the release of records  (34 CFR 99.3, 99.5)
3. Parents/guardians of an adult student with disabilities who is age 18 years or older and has been declared incompetent under state law  (Education Code 56041.5). (cf. 6159 - Individualized Education Program)

To access the records, the parent/guardian shall provide a written, signed, and dated consent before the district discloses the student record.  Such consent may be given through electronic means in those cases where it can be authenticated.  The district's consent form shall specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made.  Upon request by the parent/guardian, the district shall provide him/her a copy of the records disclosed.  (34 CFR 99.30)

Within five business days following the date of request, a parent/guardian or other authorized person shall be granted access to inspect, review, and obtain copies of student records during regular school hours.  (Education Code 49069)

Directory information means information contained in a student record that would not generally be considered harmful or an invasion of privacy if disclosed.  Such student information includes:  (Education Code 49061; 20 USC 1232g; 34 CFR 99.3)

1. Name
2. Address
3. Telephone number
4. Email address
5. Date of birth
6. Major field of study
7. Participation record in officially recognized activities and sports
8. Weight and height of athletic team members
9. Dates of attendance
10. Degrees and awards received
11. Most recent previous school attended

(cf. 1113 - District and School Web Sites)

(cf. 1114 - District-Sponsored Social Media)

Directory information does not include a student's social security number or student identification number.  However, directory information may include a student identification number, user identification, or other personal identifier used by the student for purposes of accessing or communicating in electronic systems provided that the identifier cannot be used to gain access to education records except when used in conjunction with a personal identification number, password, or other factor known or possessed only by the authorized user.  (34 CFR 99.3) 

At the beginning of each school year, all parents/guardians shall be notified as to the categories of directory information the district plans to release and the recipients of the information.  The notification shall also inform parents/guardians of their right to refuse to let the district designate any or all types of information as directory information and the period of time within which a parent/guardian must notify the district in writing that he/she does not want a certain category of information designated as directory information.  (Education Code 49063, 49073; 20 USC 1232g; 34 CFR 99.37)

MUSD also follows the Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98), another federal law that applies to recipients of funds under any program administered by the Department.

Subject to limited exceptions, the PPRA requires a school or district that receives funds under any applicable Department program to develop and adopt certain policies in consultation with parents, and to provide parents with notice of those policies and their rights under PPRA at least annually (at the beginning of the school year), and within a reasonable period of time after any substantive change is made to those policies. The complete PPRA requirements regarding these polices, and the instances in which direct notification is required, can be found at 20 U.S.C. § 1232h(c)(1-2), and the exceptions to these requirements can be found at 20 U.S.C. § 1232h(c)(4).

For additional information about required notices under FERPA and PPRA, please visit the Family Policy Compliance Office (FPCO) website, at http://www.ed.gov/fpco.