Herron Classical Schools

Herron High School · Herron-Riverside High School · Herron Preparatory Academy

ANNUAL NOTICE OF RIGHTS UNDER FERPA

 

FERPA (Family Educational Rights and Privacy Act) is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). 20 U.S.C. § 1232g; 34 CFR Part 99. FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department.

 

FERPA gives custodial and noncustodial parents alike certain rights with respect to their children's education records, unless a school is provided with evidence that there is a court order or State law that specifically provides to the contrary. Otherwise, both custodial and noncustodial parents have the right to access their children's education records.

 

When a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," and all rights under FERPA transfer from the parent to the student. The term "education records" is defined as those records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.

 

FERPA also permits a school to disclose personally identifiable information from education records of an "eligible student" (a student age 18 or older) to his or her parents if the student is a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent's most recent income tax statement, the school may non-consensually disclose the student's education records to both parents. In general, Herron Classical Schools assumes our seniors and any other eligible student as defined by FERPA are “dependent students,” and will continue to release educational records to both parents through graduation. 

 

For students under the age of 18, Indiana State Law also requires schools to provide equal access to educational records to both custodial and non-custodial parents, unless there is a copy of a court order denying access to the student’s educational records in the student’s file.

 

 IC 20-33-7, Chapter 7. Parental Access to Student Records, section 2 states:

IC 20-33-7-2
Custodial and noncustodial parents; equal access; exceptions
Sec. 2. (a) Except as provided in subsection (b), a nonpublic or public school must allow a custodial parent and a noncustodial parent of a child the same access to their child's education records.
(b) A nonpublic or public school may not allow a noncustodial parent access to the child's education records if:
(1) a court has issued an order that limits the noncustodial parent's access to the child's education records; and
(2) the school has received a copy of the court order or has actual knowledge of the court order.
As added by P.L.1-2005, SEC.17.

** Under certain limited circumstances, an eligible student may be asked to sign a Consent to Release Educational Records form. For example, in the case of divorced parents when the eligible student is listed as a dependent on one of the parent’s IRS forms, and the eligible student wishes to restrict the non-supporting parent’s access to educational records and PowerSchool login, the student will be asked to indicate which parent will receive access to educational records.  Without a signed Consent to Release form from an eligible student, both parents will continue to receive access to PowerSchool records and afforded all the rights provided for by FERPA.

Herron Classical Schools - Annual Notification of Rights under FERPA 

 

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older ("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 Herron Classical Schools (“School”) receives a request for access. 

Parents or eligible students should submit to the school’s Registrar 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 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 Herron Classical Schools to amend a record should write the school Registrar, 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 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 (PII) 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.  A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board.  A school official also may include a volunteer or contractor outside of the school who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as Google as our cloud based services provider, PowerSchool, an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer 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. Herron Classical Schools, as part of its accountability and compliance program with its authorizer, also shares student level data with the Office of the Mayor of Indianapolis under the provisions of 34 CFR 99.3.

Upon request, the school discloses education records without consent to officials of another 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.  

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Herron Classical Schools 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 Avenue, SW

Washington, DC  20202

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 conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
• 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 §99.34.  (§99.31(a)(2))  
• 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 in the parent or eligible student’s State (SEA).  Disclosures under this provision may be made, subject to the requirements of §99.35, 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.  (§§99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary 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.  (§99.31(a)(4))
• 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, subject to §99.38. (§99.31(a)(5))
• To organizations conducting studies for, or on behalf of, the school, in order to:  (a)  develop, validate, or administer predictive tests; (b)  administer student aid programs; or (c)  improve instruction.  (§99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions.  (§99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10)
• Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))

For further information about FERPA, contact the Department's Family Policy Compliance Office, of visit online at: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

 

Revised 8.2026