Spearfish School District 40-2
5000 Students

Board Policy                                                                                                                                                                                                                      
Code:  5605

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that the school district, with certain exceptions, obtain written consent from a student’s parent or guardian prior to the disclosure of personally identifiable information from a student’s education records. However, the district may disclose appropriately designated "directory information" without written consent, unless a student’s parent or guardian 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 student’s education records in certain school publications. Examples include:  

1. A playbill, showing your student’s role in a drama production;
2. The annual yearbook;
3. Honor roll or other recognition lists
4. Graduation programs; and
5. Sports activity programs, such as football 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 three directory information categories - names, addresses and telephone listings - unless parents or guardians have advised the LEA that they do not want their student's information disclosed without their prior written consent.  And, South Dakota statute mandates release of the same information to the South Dakota University system.

If a student’s parent or guardian does not want the Spearfish School District to disclose directory information from his or her child's education records without prior written consent, he or she must notify the District in writing by September 15 of every school year.

The district has designated the following information as directory information:

Student’s name, grade level, official school photograph, participation in officially recognized activities and sports weight and height of members of athletic teams.

Adopted    May 12, 2008
Revised    October 13, 2009