Notification of FERPA Rights and Child Find for Children with Disabilities in Need of Special Education Services
Distribute this notice annually to parents and students.
The Family Educational Rights and Privacy Act (FERPA) affords parents and “eligible students” (students over 18 years of age or who are attending a postsecondary institution) certain rights with respect to the student’s education records. They are:
1) The right to inspect and review the student’s education records within forty- five (45) days of the day the District receives a request for access.
Parents or eligible students should submit to the school principal/designee a written request that identifies the record(s) they wish to inspect. The Principal 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 in violation of the student’s privacy or other rights.
Parents or eligible students may ask the District to amend a record that they believe is inaccurate, misleading or in violation of privacy or other rights. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or in violation of their privacy or other rights.
If the District decides not to amend the record as requested by the parent or eligible student, the District will notify the parent or eligible student of the decision and advise them 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 consent to disclosures of personally identifiable information contained in 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 District as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school Board; a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate education interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
Upon request, the District shall disclose education records without consent to officials of another school district in which a student seeks or intends to enroll or to other entities authorized by law.
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
600 Independence Avenue, SW
Washington, DC 20202-4605
The Superintendent or the Superintendent’s designee is authorized to release Board approved directory information.
Approved directory information shall be: student names and addresses, telephone numbers, date and place of birth, 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 most recent educational institution attended by student.
Any eligible student, parent, or guardian who does not wish to have directory information released shall notify the Superintendent in writing on or before September 30 of each school year or within 30 days of distribution of the Student Directory Information Notification form which allows parents to so notify the school district.
The Jackson Independent School District keeps educational records in a secure location in each school and Board office.
The Jackson Independent School District obtains written consent from a parent or eligible student (age 18 or who is attending a postsecondary institution), before disclosing personally identifiable information to an entity or individual not authorized to receive it under FERPA.
For students who have been determined eligible for Special Education, educational records will be destroyed at the request of the parent when they are no longer needed to provide educational programs or services. The Jackson Independent School District may destroy the educational records of a child without a parent’s request 5 years after they are no longer needed to provide educational programs or services. Parents are advised that data contained in the records may later be needed for Social Security benefits or other purposes. The Jackson Independent School District may retain, for an indefinite period of time, a record of the student’s name, address, telephone number, grades, attendance records, classes attended, grade level completed, and year completed.
Children determined eligible for Special Education include those children with disabilities who have autism, deaf-blindness, developmental delay, emotional-behavior disability, hearing impairment, mental disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment and who because of such an impairment need Special Education services.
The Jackson Independent School District has an ongoing “Child Find” system, which is designed to locate, identify and evaluate any child residing in a home, facility, or residence within its geographical boundaries, age three (3) to twenty-one (21) years, who may have a disability and be in need of Special Education. This includes children who are not in school; those who are in public, private, or home school; those who are highly mobile such as children who are migrant or homeless; and those who are advancing from grade to grade, who may need but are not receiving Special Education.
The Jackson Independent School District will make sure any child enrolled in its district who qualifies for Special Education services, regardless of how severe the disability, is provided appropriate Special Education services at no cost to the parents of the child.
Parents, relatives, public and private agency employees, and concerned citizens are urged to help the Jackson Independent School District find any child who may have a disability and need Special Education services. The District needs to know the name and age, or date of birth of the child; the name, address, and phone number of the parent or guardian; the possible disability; and other information to determine if Special Education is needed.
Letters and phone calls are some of the ways the Jackson Independent School District collects the information needed. The information the school District collects will be used to contact the parents of the child and find out if the child needs to be evaluated or referred for Special Education services.
If you know of a child who lives within the boundaries of the Jackson Independent School District, who may have a disability, and may need but is not receiving Special Education services, please call (606)666-4979 or send the information to:
Director of Special Education
Jackson Independent Board of Education
940 Highland Avenue
Jackson, KY 41339
“Child Find” activities will continue throughout the school year. As part of these efforts the Jackson Independent School District will use screening information, student records, and basic assessment information it collects on all children in the District to help locate those children who have a disability and need Special Education. Any information the District collects through “Child Find” is maintained confidentially.
Written Policies and Procedures have been developed which describe the District’s requirements regarding the confidentiality of personally identifiable information and “Child Find” activities. There are copies in the Principal’s office of each school, and in the Board of Education office. Copies of the Policies and Procedures may be obtained by contacting:
Director of Pupil Personnel
Jackson Independent Board of Education
940 Highland Avenue
Jackson, KY 41339
The District office is open Monday through Friday, from 8 a.m. to 4:00 p.m.
The Jackson Independent School District provides a public notice in the native language or other mode of communication of the various populations in the geographical boundaries of the District to the extent feasible.
If you know of someone who may need this notice translated to another language, given orally, or delivered in some other manner or mode of communication, please contact the Director of Pupil Personnel or the Director of Special Education at the address or phone number listed above for the Jackson Independent Schools.