The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Act (IDEA), and section 118.125, Wisconsin Statutes, afford parents and students over 18 years of age (“eligible students”) the following rights with respect to education records:
The right to inspect and review the student’s education records within 45 days of receipt of the request. 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 principal will make arrangements for access and notify the parents or eligible student of the time and place where the records may be inspected. The school district will comply with the request without unnecessary delay and before any meetings about an individualized education program, or any due process hearings and in no case more than 45 days after the request has been made.
If any record included information on more than one child, the parents of those children have the right to inspect and review only the information about their child or to be informed of that specific information. Upon request, the school district will give a parent or eligible student a copy of the progress records and a copy of the behavioral records.
Upon request, the school district will give the parent or eligible student a list of the types and locations of education records collected, maintained, or used by the district for special education.
The school district will respond to reasonable requests for explanations and interpretations of the records. A representative of the parent may inspect and review the records.
The right to request the amendment of the student’s education records that the parent or eligible student believes is inaccurate or misleading. Parents or eligible students may ask the West Allis-West Milwaukee School District to amend a record that they believe is inaccurate or misleading. They should write the school principal, clearly identify the part of the records they want changed, and specify why it is inaccurate or misleading.
If the district decides not to amend the record, the district will notify the parent or eligible student of the decision and advise they 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.
The right to consent to disclosures of personally identifiable information in the student’s education records, except to the extent that FERPA and state law authorize disclosure without consent. The exceptions are stated in 34 CFR 99.31 and section 118.125 (2)(a) to (m) and sub. (2m), Wisconsin Statues. One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district 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 district 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, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the district discloses education records without consent to officials of another school district in which a student seeks to enroll or intends to enroll. Also, the district discloses “Directory Data” without consent, unless the parent notifies the district that it may not be released without prior parental consent.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
4000 Maryland Avenue, S.W.
Washington, DC 20202-4605