Policies
Middletown Public Schools No. 5125
FERPA – Family Education Rights and Privacy Act
FAMILY EDUCATION RIGHTS AND PRIVACY ACT
EDUCATION RECORDS AND CONFIDENTIALITY
The Middletown School Committee recognizes its legal and ethical responsibility to protect the privacy of student education records. This policy establishes procedures governing the collection, maintenance, access, disclosure, and destruction of student education records in compliance with:
● Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99
● Individuals with Disabilities Education Act (IDEA)
● Rhode Island General Laws
● Rhode Island Department of Education (RIDE) Regulations, including Special Education Regulations
● Rhode Island Student Data Transparency and Privacy Protection Act (R.I. Gen. Laws §16-71)
II. DEFINITION OF TERMS
In its policies and procedures for student education records, the Middletown School Committee uses the following definition of terms:
1. Student: any person who attends or has attended a school in the Middletown Public School District.
2. Eligible Student: a student or former student who has reached eighteen (18) years of age or is attending an institution of post-secondary education.
3. Parent: a parent of a student, including a natural parent, a guardian or individual acting as a parent in the absence of a parent or a guardian.
4. Directory Information: includes but is not limited to, the student’s name, address, telephone listing, date and place of birth, electronic mail address, photograph, grade level, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous education agency or institution attended.
5. Education Records: any information recorded in any way, including but not limited to, handwriting, print, tape, film, microfilm, microfiche, and computer media, that is:
● Directly related to a student and
● Maintained by the school district or by a party acting for the school district.
6. Educational Records Do Not Include:
(1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
(3) i. Records relating to an individual who is employed by an educational agency or institution that:
a) Are made and maintained in the normal course of business;
b) Relate exclusively to the individual in that individual’s
capacity as an employee; and
c) Are not available for use for any other purpose.
ii. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a
student are education records and not excepted under paragraph
(3)(i) of this definition.
(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
iii. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional
capacity;
iv. Made, maintained, or used only in connection with treatment of student; and
v. Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of
instruction at the agency or institution.
(5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student.
(6) Grades on peer-graded papers before they are collected and recorded by a teacher.
(7) Personally Identifiable Information: information that includes, but is not limited to:
● The student’s name
● The name of the student’s parent or other family members
● The address of the student or student’s family
● A personal identifier, such as the student’s social security number, student’s school identification number, or biometric record
● A list of personal characteristics that would make the student’s identity easily traceable
● Other information that would make the student’s identity easily traceable
● Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the educational record relates.
III. ANNUAL NOTIFICATION OF RIGHTS
Written consent means a signed and dated authorization (which may include electronic signatures consistent with 34 CFR §99.30 and applicable Rhode Island law)
The District shall annually notify parents and eligible students of their FERPA rights through:
● Student/parent handbooks
● District website
● Registration materials
● Electronic communications
The notice shall include the right to:
● Inspect and review education records
● Request amendment of records
● Consent to disclosures, except where permitted without consent
● File a complaint with the U.S. Department of Education
● Opt out of directory information disclosures
Parents/eligible students shall be provided a reasonable period (not less than 10 school days) to opt out of directory information disclosures.
B. CONFIDENTIALITY/ANNUAL NOTIFICATION OF RIGHTS
Annual notice shall be provided in accordance with FERPA and Rhode Island law through:
● Student/parent handbooks
● District website
● Registration materials
● Electronic communication systems
The notice shall include:
● FERPA rights
● Procedures to inspect/amend records
● Directory information designation and opt-out process
● Criteria for determining “school officials” and “legitimate educational interest”
IV. CUSTODIAN OF EDUCATION RECORDS
The Superintendent of Schools or his/her designee is the district-wide custodian of education records. The Office of the Superintendent is located at 26 Oliphant Lane, Middletown, RI 02842.
Listed below are the types and locations of education records that are maintained by the Middletown Public Schools and the school personnel whom the Superintendent designates as building-level custodian of these records:
| Types of Records Cumulative School Records (including attendance & discipline) Special Education Limited English Proficiency Title I & Literacy | Grades K-12 Ages 3-21 K-12 K-12 | Location Schools Dir. of Student Services & Copy at the School School School | Custodian School Principal Dir. of Student Services School Principal School Principal |
| Health Records | K-12 | Office of School Nurse at School in which Student is Currently Enrolled | School Principal |
| Records of Students who have Graduated or Left School District | | Last School Attended | Principal |
| Inactive Special Education | | Student Services | Dir. of Student Services |
V. ACCESS TO EDUCATION RECORDS
A. General Access
Parents and eligible students have the right to inspect and review education records within 45 calendar days of request.
Requests may be submitted in writing or electronically.
B. Special Education Records
Access shall be provided:
● Without unnecessary delay
● Before any IEP meeting or due process hearing
● Within 10 calendar days of request
C. Copies
The District may charge a reasonable fee for copies, provided it does not prevent access. Electronic copies may be provided when feasible.
2. As required by the Rhode Island Regulations of the Board of Regents for Elementary and Secondary Education Governing the Special Education of Students with Disabilities, the Middletown Public Schools shall permit parents of students receiving special education or related services to inspect and review any special education records relating to their student which are collected, maintained, or used by the district. The Middletown Public Schools will comply with a parental request without unnecessary delay to inspect and review their student’s special education records and before any meeting regarding an individualized education program (IEP) or hearing relating to the identification, evaluation, or educational placement of the student, or the provision of free appropriate public education (FAPE) to the student, and in no case more than ten (10) calendar days after the request has been made.
This includes the right to a response to reasonable parental requests for
explanations and the interpretations of the student’s records; and the right to have a representative of the parent inspect and review the student’s records.
3. Copies and Fees
● Reasonable fees may be charged
● No fee may prevent access
● Electronic copies may be provided when requested and feasible
4. If any education record includes information about more than one (1) student, the parents of those students shall have the right to inspect and review only the information relating to their student or to be informed of that specific information.
5. DISCLOSURE WITHOUT CONSENT
● School officials with legitimate educational interest (must include contractors, consultants, and service providers under direct control of the district)
● Schools where student seeks enrollment (reasonable attempt to notify unless initiated by parent)
● Federal, state, and local authorities (including RIDE)
● Accrediting organizations
● Financial aid purposes
● Organizations conducting studies
● Health or safety emergency (must document articulable and significant threat)
● Judicial orders/subpoenas (reasonable effort to notify unless prohibited)
● Parents of dependent students (IRS definition)
● Juvenile justice system (as allowed under Rhode Island law)
7. The building-level custodian of education records or a school official designee will be available to assist the parent/and or eligible student in understanding the special education records being inspected or reviewed.
8. The Director of Student Services or his or her designee will be available to assist the parent and/or eligible student in understanding the special education records being inspected or reviewed.
9. A record of each request for access to and each disclosure of personally identifiable information from the education records of each student shall be maintained as long as the records are needed to provide educational services.
a. For each request or disclosure the record includes:
1. The names of parties who have requested personally identifiable information from the student education record;
2. The names of the additional parties to which the receiving party may disclose the information on behalf of the school district; and
3. The legitimate interests the parties had in requesting or obtaining information.
b. Paragraph “9” above does not apply to requests or disclosure if they were from or to the parent or eligible student, a party with written consent from the parent or eligible student, a school official whom the district-wide custodian of records or the building-level custodian of records has determined to have legitimate educational interests, or a party seeking directory information.
c. The record of request and/or disclosures may be inspected by the parent or eligible student.
10. Electronic Transmission of Records
VIII. ELECTRONIC RECORDS AND TRANSMISSION
The District may maintain and transmit records electronically using secure systems, including:
● Encrypted email
● Secure portals
● Authorized student information systems
Reasonable steps shall be taken to verify recipient identity and protect confidentiality.
11. Education records that are stored in computers will be available to operators who have been authorized to access these records. Access to these records will be limited to only authorized operators by the use of a confidential password.
12. Recipients of education records may not disclose information without consent unless permitted under FERPA. The District will inform recipients of this requirement as appropriate.
13. When surveys, inventories, questionnaires or similar data-collection measures are used by employees of the school district to obtain student-related information, the students’ rights of privacy shall be protected. The use of any survey, inventory, questionnaire or similar data-collection measure must be approved by the Superintendent of Schools.
IX. AMENDMENT OF RECORDS
A parent or eligible student has the right to request that the school district amend/change the education records if it is believed that information contained in the records is accurate, misleading, or in violation of the student’s rights of privacy or other rights.
Decisions and hearings must occur within a reasonable timeframe consistent with FERPA and RIDE expectations.
1. Procedures for Amending Education Records
a. The parent or eligible student must submit to the building-level custodian of the records a written request to amend/change the education records. The request should identify the part of the record he/she wishes to change and specify why it is believed that the part of the record in question is inaccurate, misleading, or in violation of the students’ rights of privacy or other rights.
b. The school official shall decide whether to amend the record as requested within a reasonable period of time of the receipt of the request.
c. If the school official decides not to amend the information in accordance with the request, it shall inform the parent or eligible student of the refusal and the right to a hearing.
Parents or eligible students may request amendment of records believed to be inaccurate, misleading, or in violation of rights.
If denied, the District shall:
● Provide written notice
● Offer an opportunity for a hearing
● Allow placement of a statement in the record if the decision is upheld
The District shall maintain a record of requests for and disclosures of education records, as required by FERPA, except where exempted.
XI. DESTRUCTION OF RECORDS
1. The District shall:
● Retain records in accordance with Rhode Island retention schedules and RIDE guidance
● Notify parents/eligible students when records are no longer needed
● Provide reasonable notice prior to destruction
Permanent records shall include:
● Student name
● Address
● Attendance
● Grades
● Year of completion
The District may deny requests for destruction where retention is legally required.
Both parents retain access rights unless a court order or legally binding document provides otherwise.
Both parents retain FERPA rights unless:
● A court order, state statute, or legally binding document specifically revokes those rights
1. The Middletown Public Schools will continue to maintain a permanent record of a student’s name, address, attendance record, classes attended, grade level completed, and year completed.
2. Parents or eligible students have the right to request that educational records be amended or destroyed:
a. Parents (or students) will request in writing any amendment or request for destruction of records.
b. The request must state the reason for the change in the record or reason for destruction.
c. Requests should be submitted to the appropriate administrator:
3. Directory information, academic, discipline, attendance records – School Principal
4. Confidential special education records – Director of Student Services
d. Requests for the destruction of records will be reviewed within thirty (30) days and a decision regarding the request will be made in writing to the person making the request.
e. Middletown Public Schools has the right to refuse requests for the destruction of education records based on the requirements that records be maintained for five (5) years.
f. Parents or eligible students have the right to appeal any decision to the Rhode Island Department of Education.
The District shall provide reasonable notice (e.g., written or electronic notice) prior to destruction.
Permanent records must include:
● Name
● Address
● Attendance
● Grades
● Year of completion
Complaints regarding FERPA violations may be filed with:
U.S. Department of Education
Student Privacy Policy Office
or
Rhode Island Department of Education (RIDE)
Revised and Approved – September 27, 2018
Revised and 1st Reading - April 16, 2026
2nd Reading - May 21, 2026
3 Year Review - May 2029