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Family Educational Rights and Privacy Act

Annual FERPA Notification

September 25, 2025

Dear Parents and Guardians:

Please review the following Nyack School District Board Policy 5500-E.1 Family Educational Rights and Privacy Act (FERPA), identifying your rights for disclosure of your child’s education records.

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 include:

  1. The right to inspect and review the student's education records within 45 days after the day the Nyack Public Schools (“Nyack” or the “District”) receives a request for access. Parents or eligible students should submit to the student’s school principal or appropriate school official 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.
  2. The right to request the amendment of the student's education records that the parent or eligible student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
    Parents or eligible students who wish to ask the District to amend a record should write the student’s school principal or appropriate school official, 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 in writing of the decision and their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent/eligible student when notified of the right to a hearing.
  3. The right to provide written consent before the District 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 the District to disclose education records without the parent/eligible student’s prior written consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the District in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the Board of Education; or a parent or student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the District 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 an attorney, auditor, or collection agent or a student volunteering to assist 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 responsibilities for District.
    Upon request, the District also 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 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
400 Maryland Avenue, SW
Washington, DC 20202

FERPA requires that the Nyack Union Free District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information (PII) from your child’s education records. However, the District 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 District to include this type of 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 (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.1

If you do not want the District to disclose directory information from your child’s education records without your prior written consent, you must notify the District in writing by November 3, 2025 sending the notification directly to the Main Office of your child’s school. The District has designated the following information as directory information:

  • Student’s name • Address
  • Telephone number
  • Date and place of birth
  • Participation in officially recognized activities and sports
  • Degrees, achievement awards or honors
  • Weight and height, if a member of an athletic team
  • Dates of attendance; and
  • Most recent educational institution attended

1 These laws are: Section 9528 of the Elementary and Secondary Education Act (20 U.S.C. §7908) and 10 U.S.C. §503(c).

Revised: June 12, 2012
Revised: December 12, 2017

Thank you for taking the time to read this important information.

Yours in Education,

Lizzette Ruiz-Giovinazzi, Ed.D.
Interim Superintendent of Schools LRG:tla

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Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An "eligible student" under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

  1. The right to inspect and review the student's education records within 45 days after the day the Nyack Public Schools receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  2. The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
    A student who whishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
    If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student's right to hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  3. The right to provide written consent before the university discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
    The school discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the Nyack Public Schools in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the Nyack Public School District 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 an attorney, auditor, or collection agent or a student volunteering to assist 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 responsibilities for the Nyack Public School District.
    Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. [NOTE TO POSTSECONDARY INSTITUTION: FERPA requires a school to make a reasonable attempt of notify each student of theses disclosures unless the school states in its annual notification that it intends to forward records on request.]
  4. The right to file a complaint with the U.S> Department of Education concerning alleged failures by the Nyack Public School District to comply with he requirements of FERPA. The name and address of the Office the administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

[NOTE: In addition, a school may want to include its directory information public notice, as required by 99.37 of the regulations, with its annual notification of rights under FERPA.]

See the list below of the disclosures that postsecondary institutions may make without consent.

FERPA permits the disclosure of PII from students' education records, without consent of the 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 disclosure. Eligible student have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student -

  • To other school officials, including teachers, within the Nyack Public School District 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 service or functions, provided that the conditions listed in 99.31 (a)(l)(i)(B)(1) - (a)(l)(i)(B)(2) are met. (99.31(a)(l))
  • To officials of another school 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 a State postsecondary authority that is responsible for supervising the university's State-supported education programs. 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 designed 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, or enforce the terms and conditions of the aid. (99.31(a)(4))
  • 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)0
  • 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)(8))
  • Information the school has designated as "directory information" under 99.37. (99.31(a)(10))
  • Information the school has designated as directory information" under 99.37. (99.1(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding subject to the requirements of (99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school's rules or policies with respect to the allegation made against him or her. (99.31(a)(14))
  • To parents of a student regarding the student's violation of any Federal, State, or local law or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (99.31(a)(15))