FERPA -Family Educational Rights and Privacy Act

Family Educational Rights and Privacy Act (FERPA)


The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Macksville USD 351, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Macksville USD 351 may disclose appropriately designated “directory information” without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Macksville USD 351 School District to include this type of information from 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 list;
  • Graduation programs; and
  • Sports activity sheets, such as for showing number, position, height and weight 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 (ESEA) to provide military recruiters, upon request, with three directory information categories (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. (These laws are section 9528 of the ESEA (20 U.S.C.7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110) the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation’s armed forces.


If you do not want Macksville USD 351 School District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing on or before September 1 of each school year.
Macksville USD 351 has designated the following information as directory information:

  • Student’s name
  • Address
  • Telephone listing
  • Electronic mail address
  • Photograph
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees, honors, and awards received
  • Date and place of birth
  • Major field of study
  • The most recent educational agency or institution
  • Dates of attendance
  • Grade level attended.