Pupil Services and Special Education

The Education for Homeless Children and Youth (EHCY) program is authorized under Title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (McKinney-Vento Act). The McKinney-Vento Act was originally authorized in 1987 and most recently re-authorized in December 2015 by the Every Student Succeeds Act (ESSA).1 The McKinney-Vento Act is designed to address the challenges that homeless children and youths have faced in enrolling, attending, and succeeding in school.

Under the McKinney-Vento Act, educational agencies must ensure that each homeless child and youth has equal access to the same free, appropriate public education, including a public preschool education, as other children and youths. Homeless children and youths must have access to the educational and related services that they need to enable them to meet the same challenging State academic standards to which all students are held. In addition, homeless students may not be separated from the mainstream school environment. Local Educational Agencies are required to review and undertake steps to revise laws, regulations, practices, or policies that may act as barriers to the identification, enrollment, attendance, or success in school of homeless children and youths.

The law indicates that the LEA liaison shall ensure that all homeless children, youth, and families are identified through coordinated activities with other entities.

DEFINITIONS

Homeless Children - The McKinney-Vento Act defines homeless children as “individuals who lack a fixed, regular, and adequate nighttime residence.” This definition includes (but is not limited to) children who are:

• sharing housing due to economic hardship or loss of housing (e.g. doubled-up)
• living in motels, hotels, trailer parks, or campgrounds
• living in emergency or transitional shelters
• sleeping in places unfit for human habitation (e.g. park benches)
• living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, etc.

Unaccompanied Youth - Children or youth who meets the definition of homeless and not in the physical custody of a parent or guardian.

CORE PROVISIONS

Designated District Liaison
Every local education agency (LEA) must designate a liaison for students experiencing
homelessness whose key duties include:

• Ensuring that homeless children and youth are identified and enrolled in school, and
  have a full and equal opportunity to succeed in school.
  • Assisting with enrollment, arranging for transportation and free meals, and monitoring school attendance.
  • Providing school supplies and other related items so they can fully participate.
  • Assist with accessing support services, such as tutoring, Special Education, English Language Learning, and other resources.
  • Assist students so they can participate in school activities, field trips, sports, etc.
• Ensuring that homeless children, youth, and families receive referrals to health, dental, mental health, housing, substance abuse, and other appropriate community services.
• Ensuring that unaccompanied homeless youth are informed and receive verification of
  their status as independent students for college financial aid.

STUDENT RIGHTS

School Stability

• Children and youth experiencing homelessness can remain in their school of origin for
  the duration of homelessness and until the end of an academic year in which they obtain
  permanent housing, if it is in their best interest.
• LEAs must make best interest determinations that presume that staying in the school of
  origin is in the best interest of the child or youth; consider specific student-centered
  factors; prioritize the wishes of the parent, guardian, or unaccompanied youth; and
  include a written explanation and the right to appeal if the LEA determines that the school stability is not in the best interest of the child or youth.
• Transportation to the school of origin is required, including until the end of the academic year when a student obtains permanent housing.

School Enrollment and Full Participation

• Children and youth experiencing homelessness have the right to be enrolled in the school of residence immediately, even if they lack documents usually required at the time of enrollment or have missed application or enrollment deadlines.
• LEAs must develop, review, and revise policies to remove barriers to the
  identification, enrollment, and retention of homeless students in school, including
  barriers due to fees, fines, and absences. This includes procedures to ensure that homeless children and youth do not face barriers to accessing academic and extracurricular activities.
• If a dispute arises over eligibility, school selection, or enrollment, the child or youth must
  be immediately enrolled in the school in which the parent, guardia,n or unaccompanied
  youth seeks enrollment, pending resolution of the dispute, including all available
  appeals.

Additional Rights

• Free lunch and breakfast (if applicable).
• Free school supplies and uniforms (if applicable).
• Educational resources and support services to help children and youth experiencing homelessness reach academic success.

If you have questions concerning homeless students or need additional information, please contact the district liaison, Brienna Derr, Social Worker.

The District provides Social Work Services to assist students and families in accessing community-based services to meet their basic needs, including food, shelter, and medical care.  In addition, Social Workers have been instrumental in working with families to ensure that students attend school regularly. 

The following list illustrates some of the support social workers can provide to your student and family.

• Mental Health Referrals
• Behavioral Health Referrals
• Food Insecurity
• Case Management
• Home-School Liaison
• Insurance/Benefits Assistance
• Homeless Services

Please use the building staff directories to connect with your student's social worker.

Notification of Rights Under Family Educational Rights and Privacy Act of 1974 (FERPA)

Each school district protects the confidentiality of personally identifiable information regarding all students in accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) and other applicable federal and state laws. The Family Educational Rights and Privacy Act (FERPA), a federal law, affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student's education records. These rights are:

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 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. “Education records” means those records that are directly related to the student which are maintained by an educational agency or by a party acting for the agency. “Education agency,” for purposes of this notice, means the local school district. For all students, the school district maintains education records. Personally identifiable information is confidential information that includes, but is not limited to, the student's name, name of parents and other family members, the address of the student or student's family, and personal information or personal characteristics.

The right to request the amendment of the student's education records that the parent or eligible student believe are inaccurate or misleading. Parents or eligible students may ask the school to amend a record they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. 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. Such records hearings will be held within a reasonable time after a parent request and the parent shall be notified of the date, time, and place a reasonable time in advance. Any individual, including a school district official, who does not have a direct interest in the outcome of the hearing, may conduct the hearing. The parent will have a full and fair opportunity to present evidence at the hearing and may be assisted by or represented by one or more individuals including an attorney. The school district will make its decision in writing within a reasonable time after a hearing, basing its decision solely on the evidence presented at the hearing and including a summary of the evidence and reasons for its decision. If the hearing decision is that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, the school district will amend the information and inform the parent in writing. If the hearing decision is that the information will not be amended, the parents have the right to place a statement in the education record setting forth reasons for disagreeing with the hearing decision. Any such explanation placed in the records of a child will be maintained as long as the records of the child are maintained and will be disclosed whenever the record is disclosed to any party.

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); a person serving on the school board; a person or company with whom the school has contracted to perform a special task (such as attorney, auditor, medical consultant, or therapist); the designated law enforcement unit of West Shore School District, or a parent or student serving on an official 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 without consent to officials of another public or private school in which a student seeks or intends to enroll.

The school district will inform parents when personally identifiable information is no longer needed to provide educational services for a child. Such information must be destroyed at the request of the parents. However, a permanent record of a student's name, address, and telephone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation. “Destruction” of records means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

The school district will provide, upon request, a listing of the types and locations of educational records maintained, the school officials responsible for these records, and the school personnel authorized to see personally identifiable information. Such personnel receive training and instruction regarding confidentiality. The school district keeps a record of parties obtaining access to education records, including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. The school district will provide a copy of its confidentiality policy upon request. Complaints may be filed with the Family and Educational Rights and Privacy Act Office, US Department of Education, 400 Maryland Avenue, SW, Washington, DC 20201.

The Every Student Succeeds Act (ESSA) requires Pennsylvania to ensure that the total number of students assessed in each subject using the PASA does not exceed one percent of the total number of all students in the state assessed on the statewide assessments. Each local educational agency (LEA) must complete and submit the PASA 1.0 Percent Participation Threshold Justification to BSE if it anticipates that more than 1.0% of its students enrolled in grades 3-8 and 11 will be assessed using the PASA. A list of LEAs who anticipate exceeding the threshold will be made publicly available on the PDE website, in accordance with 34 CFR 200.6 (c)(3) regulations. LEAs must also make the document publicly available upon request, removing any personally identifiable information.

Please refer to the Human Resources Page for more information, forms, and resources related to the District's Title IX efforts.

The following resources are designed to address complaints and concerns regarding any aspect of
Alternative Education for Disruptive Youth (AEDY) programs, including placement and exiting decisions, the quality of academic instruction, the provision or omission of language assistance services, and services to students with disabilities, including reasonable modifications. 

AEDY Local Complaint Procedure
AEDY Local Complaint From

Spanish - AEDY Local Complaint Procedure
Spanish - AEDY Local Complaint Form

The York Suburban School District has Special Education Services and Programs available to meet the needs of identified exceptional students as determined by Individual Education Program
(IEP) teams. The following categories of services are available through district programs:

• Learning Support (grades K-12) - for eligible students whose primary identified need is academic support
• Emotional Support (grades K-12) - for eligible students whose primary identified need is behavioral management
• Autistic Support (grades K-5) - for eligible students who have a diagnosis of autism or pervasive developmental disorder (PDD)
• Hearing Impaired Support (grades K-12) - for eligible students who are deaf or hearing impaired
• Visually Impaired Support (grades K-12) - for eligible students who are blind or visually impaired
• Speech and Language Support (grades K-12)- for eligible students who are speech and language-impaired
• Physical Support (grades K-12) - for eligible students who have a physical disability.

Parents, guardians, teachers, counselors, school psychologists, and/or others can be involved in helping identify students who may require Special Education Services. Screening activities are conducted regularly throughout the school year by building-level teams. Written parental permission is required, and full rights of due process are afforded to parents throughout the evaluation and identification process. Confidentiality of information is protected by local, state and federal policies and regulations. A detailed explanation of parents' rights and procedural safeguards is available on this web page or upon request from each school building or the District Education Center. In addition to district-run support services, York Suburban School District contracts with the Lincoln Intermediate Unit to provide services to students, which include the following:

• Life Skills Support - for eligible students whose needs focus primarily on functional academics and daily living skills
• Autistic Support (grades 6-12) - for eligible students who have a diagnosis of autism or pervasive developmental disorder (PDD)
• Multiple Disabilities Support - for eligible students who have multiple disabilities.
• Emotional Support (grades K-2) - for eligible students whose primary identified need is behavioral management
• Neurological Support - for eligible students who have a neurological impairment as determined by a neuropsychological and team evaluation

What is an IEP?
IEP stands for an Individualized Education Program. An IEP is a written educational plan for a student with a disability or who is gifted. The IEP is based on the student's specific needs and describes the services the student will receive in school.

I believe that my child should be receiving special education services. Whom should I contact?
At the elementary level (grades K-6), please contact the building principal or assistant principal. At the secondary level (grades 7-12), please contact your child's school counselor.

My child was evaluated by someone not associated with the school (independent education evaluation). How will the district use this information?
The information from an IEE (independent education evaluation) is very important to us. It may provide valuable background information for our assessment. The school district will consider the recommendations and information from an IEE in our evaluation process.

My child qualified for special education. Does that mean my child will be attending a special classroom?
There are two very different aspects of special education: special education "services" and special education "placement". Special education services are a continuum of specially designed instruction that targets the individual needs of each student. The special education placement is the class (or place) where the services will be provided. For example, the special education "service" may be that the child receives specific, direct instruction targeting an area of weakness due to a particular learning disability. The "placement" of these services could be in a multitude of classrooms, such as a regular education or learning support classroom.

I have questions about the special education services my child is receiving. Whom should I contact?
If you have questions about the special education services your child is receiving, you should contact your child's case manager. Each student receiving special education services is assigned a case manager. The case manager is responsible for managing all services, modifications, and accommodations outlined in the Individualized Education Program (IEP). As a result, the case manager is the person who would have the most information relating to your child and his/her services.

I have contacted my child's case manager, building principal, and/or the Director of Special Education regarding questions about the special education services my child is receiving. I have additional questions. Whom can I contact?
The Office for Dispute Resolution, a Pennsylvania Department of Education-funded project, has services available at no cost for parents and guardians of children with disabilities and
educational agencies that serve them.

ConsultLine
Toll-free in PA: 1-800-879-2301
Outside PA: 717-541-4960
ConsultLine is a toll-free parent helpline for special education questions and concerns. Advisors will answer questions and provide information about the special education process and the laws governing such programs for parents of children with disabilities and educational agencies that serve them.

Office for Dispute Resolution
1-800-222-3353
http://odr.pattan.net
The Office for Dispute Resolution provides resources for parents and educational agencies to resolve disputes concerning the identification, evaluation, educational placement, or provision of a free appropriate public education for students with disabilities, students who are gifted, and children with disabilities served by the early intervention process. ODR provides Individualized Education Program (IEP) Facilitation, Mediation, and Dispute Resolution Skills Training, Due Process and Appeals Panel Process, and a Speakers' Bureau.

The 2025-2028 Special Education Comprehensive Plan is available for public review until Wednesday, April 23, 2025.

Questions or comments should be directed to Dr. Sherry Campbell, Director of Pupil Services at scampbell@yssd.org.

2025-2028 Special Education Comprehensive Plan

In August 2023, the Pennsylvania Department of Education (PDE) sent a memo to all LEAs about a change to the age of eligibility for free and appropriate public education. The memo states...

Effective no later than September 5, 2023, all students entitled to FAPE and all of the rights and procedural safeguards under the Individuals with Disabilities Education Act (IDEA) and Chapter 14 of Title 22 of the Pennsylvania Code may remain enrolled in public school until they turn 22 years of age. This includes students who turned 21 and exited during or after the 2022-2023 school term.

If interested, the following links contain additional information regarding PDE's policy change:

IDEA-B Policies and Procedure - Amended August 31, 2023
Parent/Guardian Notice - August 30, 2023
PennLink Memo - August 30, 2023

If, after reviewing this information, you have questions about the policy change or your student's eligibility, please contact Sarah Iachini, Assistant Director of Special Education, 717-885-1138, siachini@yssd.org.

The Procedural Safeguards Letter describes your rights and the procedures that safeguard your rights in accordance with Section 504 for the Rehabilitation Act of 1973 and the Americans for Disability Act of 1980 with any revisions to the legislation.

Procedural Safeguards Notice

Destruction of Information Concerning Students with Disabilities Who are Receiving or Who have Received Special Education Services or Who Were Evaluated for Such Services

The District must notify parents and guardians when personally identifiable information concerning students with disabilities or students who were evaluated to determine the need for special education services is no longer needed to provide educational services to the student (“no longer educationally relevant”). The District considers certain  records to be no longer educationally relevant based on the following schedule: 

All test protocols and other raw data used as part of an evaluation or reevaluation will be considered no longer educationally relevant after the school year during which the evaluation or reevaluation has occurred. 

All IEP Progress monitoring data will be considered no longer educationally relevant as of the date on which such data are reported to parents or guardians in a progress report or at the conclusion of the school year during which such data are collected, whichever is sooner. 

All notes of IEP team members and draft IEPs, if any, will be considered no longer educationally relevant as of the date that the IEP to which such notes or drafts pertain is issued to the parents or guardian. 

All Permissions to Evaluate or Reevaluate, Invitations to IEP or Other Meetings and related documents, Evaluation or Reevaluation Reports, IEPs, Notices of Recommended Educational  Placement and related documents, Complaint Investigation Reports, Mediation Agreements,  and Hearing Officer Decisions will be considered no longer educationally relevant at the conclusion of the sixth year from the date on which the student graduates from High School,  ceases residency in the District for reasons other than placement in a hospital or treatment facility, or attains age twenty-one, whichever is sooner. 

Parents and guardians have the right to request, in writing, that the District destroy any or all records deemed no longer educationally relevant. At its discretion, the District may also destroy such records without further notice to parents, guardians, or students. 

If you have any questions concerning any of this information, please contact Sherry L. Campbell, Ed.D. Director of Pupil Services, at 717-885-1135 or scampbell@yssd.org.

Annual Public Notice of Special Education Services And Programs, Services For Gifted Students, and Chapter 15/Section 504 Services

Notice To Parents

According to state and federal special education regulations, annual public notice to parents of children who reside within a school district is required regarding child find responsibilities. School districts, charter schools, and intermediate units are required to conduct child find activities for children who may be eligible for special education services or services via Section 504 of the Rehabilitation Act of 1973. Information related to special education services can be accessed via the Individuals with Disabilities Education Act and via 22 PA Code Chapter 14. For additional information related to Section 504/Chapter 15 services, the parent may refer to Section 504, Chapter 15, and the Basic Education Circular entitled Implementation of Chapter 15. Also, school districts and charter schools are required to conduct child find activities for children who may be eligible for gifted services via 22 PA Code Chapter 16. For additional information regarding gifted services, the parent may refer to 22 PA Code Chapter 16. If a student is both gifted and eligible for Special Education, the procedures in IDEA and Chapter 14 shall take precedence.

This notice shall inform parents throughout the school district, charter school, and intermediate unit of the child identification activities and of the procedures followed to ensure confidentiality of information pertaining to students with disabilities of eligible young children. In addition to this public notice, each school district, charter school, and intermediate unit shall publish written information in the handbook and on the website.

Children ages three through twenty-one can be eligible for special education programs and services. If parents believe that the child may be eligible for special education, the parent should contact the district of residence. Contact information is listed at the end of this public notice.

Children ages three through the age of admission to first grade are also eligible if they have developmental delays and, as a result, need Special Education and related services. Developmental delay is defined as a child who is less than the age of beginners and at least three years of age and is considered to have a developmental delay when one of the following exists: (i) The child’s score, on developmental assessment device, on an assessment instrument which yields a score in months, indicates that the child is delayed by 25% of the child’s chronological age in one or more developmental areas, or (ii) The child is delayed in one or more of the developmental areas, as documented by test performance of 1.5 standard deviations below the mean on

standardized tests. Developmental areas include cognitive, communicative, physical, social/emotional, and self-help. For more information, contact the Lincoln Intermediate Unit 12 Preschool Office at (717)624-6491.

Evaluation Process

Each school district, charter school, and intermediate unit has a procedure in place by which parents can request an evaluation. For information about procedures applicable to your child, contact the school which your child attends. Parents of preschool age children, age three through five, may request an evaluation in writing by addressing a letter to the Preschool Program Supervisor, Lincoln Intermediate Unit #12, 65 Billerbeck Street, New Oxford, PA 17350.

Consent

School entities cannot proceed with an evaluation or with the initial provision of special education and related services without the written consent of the parents. For additional information related to consent, please refer to the Procedural Safeguards Notice which can be found at the PaTTAN website, www.pattan.net. Once written parental consent is obtained, the district will proceed with the evaluation process. If the parent disagrees with the evaluation, the parent can request an independent evaluation at public expense.

Program Development

Once the evaluation process is completed, a team of qualified professionals and the parents determine whether the child is eligible. If the child is eligible, the individualized education program (IEP) team meets, develops the program, and determines the educational placement. Once the IEP team develops the program and determines the educational placement, school district staff, charter school staff, or intermediate unit staff will issue a notice of recommended educational placement/prior written notice. Your written consent is required before initial services can be provided. The parent has the right to revoke consent after initial placement.

Confidentiality of Information

The school districts, charter schools, and to some extent the intermediate unit maintain records concerning children enrolled in the school, including students with disabilities. All records are maintained in the strictest confidentiality. Your consent, or consent of an eligible child who has reached the age of majority under State Law, must be obtained before personally identifiable information is released, except as permitted under the Family Education Rights and Privacy Act (FERPA). The age of majority in Pennsylvania is 21. Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction states. One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. Each agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who have access to personally identifiable information.

FERPA affords parents and 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 or eligible students who wish to inspect the child’s records should submit to the school principal, or appropriate school official, a written request that identifies the records they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place in which 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 School to amend their child’s or their education record should write the school principal, or appropriate school official, clearly identifying the part(s) of the record(s) they want changed and specifying 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 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 provide written consent before the school discloses personally identifiable information from 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. The criteria for determining who constitutes a school official and what constitutes a legitimate education interest must be set forth in the annual notification for FERPA rights.

The following general criteria will be used to determine whether an individual is a school official who might need access to education records:

• A person employed by the agency or school in an administrative, counseling, supervisory, academic, student support service, or research position, or a support person to these positions.
• A person employed by or under contract to the agency or school to perform a special task, which could include, but is not limited to, a volunteer, contractor, consultant, attorney, auditor, medical professional, or therapist.
• A parent or student that volunteers to serve on an official committee, such as a disciplinary or grievance committee.
• A parent, student, or other volunteer assisting another school official in performing his or her tasks.

The following general criteria will be used to determine whether a legitimate educational interest exists that would allow a school official to be granted access to education records:

• The information requested is necessary for that official to perform appropriate tasks that are specified in his or her position description or by a contract agreement.
• The information is to be used within the context of official agency or school business and not for purposes extraneous to the official’s areas of responsibility or to the agency or school.
• The information is relevant to the accomplishment of some task or to a determination about the student.
• The information is to be used consistently with the purposes for which the data are maintained.

Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled, if the disclosure is for purposes of the student’s enrollment or transfer. (NOTE: FERPA requires a school or school district to make a reasonable effort to notify the parent or student of the records request unless it states in an annual notification that it intends to forward records on request or the disclosure is initiated by the parent or eligible student.)

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: Student Privacy Policy Office, U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202

The Pennsylvania Department of Education (“PDE”) will destroy or have destroyed all test booklets for the Pennsylvania System of School Assessment (“PSSA”), Keystone Exams, and Pennsylvania Alternative System of Assessment (“PASA”) one year from the date on which student results are delivered. PDE will also destroy or have destroyed all answer booklets for the PSSA and Keystone exams and all media recordings for the PASA three years from the date on which the assessment is completed.

For additional information related to student records, the parent can refer to the Family Education Rights and Privacy Act (FERPA).

This notice is only a summary of the Special Education services, evaluation and screening activities, and rights and protections pertaining to children with disabilities, children thought to be disabled, and their parents. For more information or to request evaluation or screening of a public or private school child, contact the responsible entity listed below. For preschool age children, information, screenings and evaluations requested may be obtained by contacting the intermediate unit.

Disclosure of Information

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

• To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the individual –
  • Performs an institutional service or function for which the agency or institution would otherwise use employees;
  • Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
  • Complies with the requirements governing the use and redisclosure of personally identifiable information from education records.
• To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of making a reasonable attempt to notify the parent or eligible student at the last known address or parent of the eligible student, unless:
  • The disclosure is initiated by the parent or eligible student; or
  • The annual notification includes a notice that the agency or institution includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S.
• Secretary of Education, or State and local educational authorities, such as the State educational agency (SEA) in the parent or eligible student’s State. Disclosures under this provision may be made in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met.
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
• To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released.
• To organizations conducting studies for, or on behalf of, the school, in order to:
  • Develop, validate, or administer predictive tests;
  • Administer student aid programs; or
  • Improve instruction, if applicable requirements are met.
• To accrediting organizations to carry out their accrediting functions.
• To parents of an eligible student if the student is a dependent for IRS tax purposes.
• To comply with a judicial order or lawfully issued subpoena if applicable requirements are met.
• To appropriate officials in connection with a health or safety emergency, inclusive of that student, other students, or other members of the school community.
• Information the school has designated as “directory information.”
  • This information may be disclosed if the agency or institution has given public notice to parents of students in attendance and eligible student in the attendance at the agency or institution of:

§  The types of personally identifiable information that the agency or institution has designated as directory information;

§  A parent’s or eligible student’s right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and

§  The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

• To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement.
• To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions.

Directory Information

FERPA requires that the agency or institution may disclose appropriately designated “directory information” without written consent, unless you have advised the agency or institution to the contrary in accordance with agency or institution procedures. The primary purpose of directory information is to allow the agency or institution to include 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, as amended (ESEA) to provide military recruiters, upon request, with the following information – 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.

[Note: These laws are Section 9528 of the ESEA (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).]

 

If you do not want the agency or institution to disclose any or all of the types of information designated below as directory information from your child’s education records without your prior written consent, you must notify the School District in writing by [insert date]. The School District has designated the following information as directory information:

[Note: an LEA may, but does not have to, include all the information listed below.]

• Student's name
• Address
• Telephone listing
• Electronic mail address
• Photograph
• Date and place of birth
• Major field of study
• Dates of attendance
• Grade level
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Degrees, honors, and awards received
• The most recent educational agency or institution attended
• Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user
• A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

The school district or intermediate unit will not discriminate in employment, educational programs, or activities based on race, color, national origin, age, sex, handicap, creed, veteran status or marital status. No preschool, elementary or secondary school pupil enrolled in a school district or intermediate unit shall be denied equal opportunity to participate in age and program appropriate instruction or activities due to race, color, handicap, creed, national origin, marital status or financial hardship.