Family Educational Rights and Privacy Act (FERPA)

TSAS Family Educational Rights and Privacy Act (FERPA) Policy, adopted by the Board of Trustees 2026-07-21

Purpose

Tulsa School of Arts and Sciences (“TSAS” or “the School”) complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g, and its implementing regulations at 34 CFR Part 99, which protect the privacy of student education records. This policy governs access to, and release of, education records, and is implemented alongside the School’s obligations under the Oklahoma Student Data Accessibility, Transparency and Accountability Act (70 O.S. § 3-168) and OAC 210:1-3-8.

Definitions

Education records are records directly related to a student that are maintained by the School or by a party acting for the School.

Parent means a parent or legal guardian. All rights under this policy belong to the parent until the student turns eighteen (18) or enrolls in a postsecondary institution, at which point they transfer to the student.

Eligible student means a student who has turned eighteen (18) or is enrolled in a postsecondary institution. FERPA rights that previously belonged to the parent transfer to the eligible student (34 CFR 99.3, 99.5(a)).

School official means a person employed by the School as an administrator, supervisor, instructor, or support staff member; a person serving on the Board; or a volunteer, contractor, or consultant who performs an institutional service or 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 personally identifiable information (PII) from education records — including providers of educational software and online services.

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 responsibility to the School. Access to student data shall be limited to those individuals whose assigned duties require such access (70 O.S. § 3-168).

Contractors, consultants, and service providers acting as school officials:

  • may use education records only for the purposes for which the disclosure was made;
  • may not redisclose PII from education records without authorization from the School consistent with 34 CFR 99.33;
  • must remain subject to the School’s direct control regarding the use and maintenance of education records, established through written agreement; and
  • must comply with the privacy and security provisions of the Oklahoma Student Data Accessibility, Transparency and Accountability Act.

Rights of parents and eligible students

  • Inspect and review the student’s education records within forty-five (45) days of a request. Requests shall be submitted in writing to the Head of School, who will arrange access and notify the requester of the time and place.
  • Request amendment of records the parent or eligible student believes are inaccurate, misleading, or in violation of the student’s privacy rights. If the School declines, the parent or eligible student is entitled to a hearing, and if the record is still not amended, to place a statement in the record setting forth his or her view.
  • Consent to disclosures of PII from education records, except to the extent FERPA authorizes disclosure without consent (see below). Consent must be written, signed, and dated, and must specify the records, the purpose, and the parties to whom disclosure may be made.
  • File a complaint with the U.S. Department of Education concerning alleged failures to comply with FERPA: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

Amendment of education records

A parent or eligible student who believes information in the student’s education records is inaccurate, misleading, or in violation of the student’s privacy rights may request in writing that the School amend it. The request shall identify the part of the record at issue and specify why it should be changed.

The School will decide within a reasonable time and notify the requester in writing. If the School declines to amend, the notice will inform the parent or eligible student of the decision and of the right to a hearing under this section.

Hearing. On written request, the School will hold a hearing within a reasonable time and will give notice of the date, time, and place reasonably in advance. The hearing will be conducted by an individual who does not have a direct interest in its outcome, which may include a School official who was not involved in the original decision. The parent or eligible student will have a full and fair opportunity to present evidence relevant to the issues, and may be assisted or represented by one or more individuals of their choice at their own expense, including an attorney.

Decision. The School will issue a written decision within a reasonable time after the hearing. The decision will be based solely on the evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision.

If the record is not amended. If the School decides the information is not inaccurate, misleading, or in violation of the student’s privacy rights, it will inform the parent or eligible student of the right to place a statement in the record commenting on the contested information, stating why they disagree, or both. The School will maintain that statement with the contested part of the record for as long as the record is maintained, and will disclose it whenever it discloses the contested portion.

The School may disclose PII from education records without consent only as authorized by 34 CFR 99.31, including:

  • To school officials with a legitimate educational interest (as defined above);
  • To officials of another school, school system, or postsecondary institution where the student seeks or intends to enroll, or is already enrolled, for purposes related to enrollment or transfer;
  • 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, in connection with audit or evaluation of education programs;
  • In connection with financial aid for which the student has applied or received;
  • To state and local officials pursuant to a state statute concerning the juvenile justice system;
  • To organizations conducting studies for, or on behalf of, the School to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction, under a written agreement meeting 34 CFR 99.31(a)(6);
  • To accrediting organizations to carry out their accrediting functions;
  • To parents of a dependent student as defined in section 152 of the Internal Revenue Code;
  • To comply with a judicial order or lawfully issued subpoena, after making a reasonable effort to notify the parent or eligible student in advance, unless notice is prohibited;
  • xIn connection with a health or safety emergency, consistent with 34 CFR 99.36;
  • Directory information, as set out below;
  • To the parent of a student who is not an eligible student, or to the eligible student;
  • As otherwise specifically permitted by 34 CFR 99.31(a)(13)–(16) (certain disciplinary disclosures and sex-offender registry information).

The School shall maintain a record of each request for access to and each disclosure of PII from a student’s education records as required by 34 CFR 99.32.

Out-of-state transfers. The School does not transfer student-level data outside Oklahoma except where the transfer meets the conditions of the Oklahoma Student Data Accessibility, Transparency and Accountability Act, and verifies those conditions before any such transfer is made.

Public reporting. Where the School reports student data publicly, or responds to a records request that would reveal student-level information, it reports in aggregate form and does not release student-level data except as specifically authorized by law.

Directory information

The School designates the following as directory information: the student’s name; photograph; grade level; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; and honors, degrees, and awards received. The School’s use of student photographs is governed specifically by the Use of Student Photographs section below.

Each year the School notifies parents and eligible students of the directory-information designations and of the right to refuse the designation of any or all categories. A parent or eligible student may submit a written opt-out at any time. An opt-out submitted within two (2) weeks of signing the handbook acknowledgment applies from the beginning of the school year; an opt-out submitted later takes effect when received and applies going forward. Opt-outs remain in force until rescinded, including after the student leaves the School. The School will not disclose a student’s Social Security number as directory information, and discloses student identification numbers only within the limits of 34 CFR 99.37(c).

Use of student photographs

Photographs are designated directory information above, which establishes the School’s baseline authority to use student images without individual consent. For its two principal uses, the School applies the more specific controls below — a signed Photo Release for publication (a stricter, opt-in standard than the directory-information opt-out) and the school-official exception for internal identification.

Publication. The School uses student images in printed publications, on the School website, and for public-relations and fundraising purposes only where the parent or eligible student has signed the Photo Release and has not declined it. A decline may be made at signing or at any time thereafter and remains in effect until rescinded, including after the student leaves the School.

Identification. The School uses student photographs internally to identify students, including for class and gradebook rosters, attendance, substitute rosters, and identification badges. This use is an operational function under the school-official exception (34 CFR 99.31(a)(1)), does not require the Photo Release, and is not affected by a decision to decline publication. Access is limited to staff and authorized substitutes whose assigned duties require it (70 O.S. § 3-168).

Where the two controls differ. The Photo Release governs publication of student images. The directory-information opt-out governs other disclosures of a student’s photograph. Where a parent or eligible student has signed the Photo Release but opted out of photograph as directory information, the more restrictive expression controls and the School will not publish the student’s image.

Data security and access

Access to student data is limited to individuals whose assigned duties require such access. The School maintains a written student-data security plan and conducts regular security audits, consistent with 70 O.S. § 3-168. Contractors, consultants, and service providers acting as school officials are bound by contract to the privacy and security provisions of that Act.

Annual notification

The School shall annually notify parents and eligible students of their rights under FERPA, the directory-information designations and opt-out procedure, and the School’s criteria for school officials and legitimate educational interest, through the Student & Family Handbook. The annual notification shall effectively notify parents or eligible students with disabilities and parents whose primary or home language is not English.

Separately, federal law requires the School to provide secondary-student names, addresses, and telephone listings to military recruiters and institutions of higher education on request, subject to a parent or eligible-student opt-out. That requirement and its opt-out are governed by the Military Recruiter and Higher-Education Access Policy and are not part of the FERPA directory-information designation above.

Legal authority — 20 U.S.C. § 1232g; 34 CFR Part 99; 70 O.S. § 3-168; OAC 210:1-3-8.

Board adoption: 2026-07-21 (re-adopted; supersedes FERPA policy adopted July 2001).

Accreditation: Checklist Item #40.

Last updated: August 4, 2026