Your records and as well as your child’s records, medical and academic, are protected by privacy laws.
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
● Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
● Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
● Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Your Rights Under HIPAA.
Under a federal law called USC 20 1232(h) Protection of Pupil Rights, parents have a right to see ALL instructional materials, regardless of format or context.
Send to the school your request by email with "REQUEST TO VIEW CURRICULUM PER USC 20 1232(h)" in the SUBJECT field. Include in the body of the email the following:
School districts routinely hide curriculum in teacher's manuals, which instruct teachers to write it on an erasable surface. They may cite "copyright" or claim that they have no written curriculum. Remind them, federal law applies to ALL curriculum, regardless of format or context. If they claim no hard copy available, ask to attend the class in person.
The best option is to OPT-OUT. Include with any OPT-OUT Form submitted instructions: