If you believe that your child's school may be violating the Family Educational Rights and Privacy Act (FERPA), it's important to know the steps to take. Under this federal law, you have the right to file a written complaint with the Family Policy Compliance Office within the U.S. Department of Education. This Office is tasked with investigating, processing, and reviewing these complaints, as well as providing guidance to ensure schools comply with the Act.
Filing a Complaint
You must file your complaint within 180 days of the suspected violation or the date you became aware of it. The complaint needs to detail the facts that led you to suspect a violation occurred. This is an important step to ensure clarity in the process.
Investigation Process
After filing, the Office will determine whether an investigation is warranted and notify both you and the school of its decision. The notification to the school will include the essence of the allegations and require the school to provide a written response and other relevant documents within a specified timeframe. If additional information is required, the Office may ask for further written or oral submissions from either party.
Outcome and Compliance
Upon completing the investigation, the Office will provide a written notice of its findings to both you and the school, explaining the rationale behind its decision. If a violation is found, the notice will outline specific actions the school must take to remedy the situation and comply with FERPA. The school is given a reasonable timeframe to achieve voluntary compliance.
Enforcement
If the school fails to comply within the designated period, the Department of Education may take further legal action. Possible measures include withholding payments to the school, issuing a cease and desist order, or terminating any federal funding the school receives.
In all cases, understanding your rights and the procedures involved can empower you to act accordingly if you suspect a violation of FERPA at your child’s school.
Contact Us
If you have any questions about FERPA and FERPA violations by Connecticut schools, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
