Data Security » Student Data Confidentiality Disclosure

Student Data Confidentiality Disclosure

Student Privacy/Student Data Disclosure

Student Privacy/Student Data Disclosure

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Legacy Preparatory Academy (LPA), with certain exceptions, obtain your written consent prior to the disclosure of Personally Identifiable Information (PII) from your child’s education records. However, LPA may disclose appropriately designated “directory information” without written consent, unless you have advised LPA to the contrary in accordance with LPA procedures. The primary purpose of directory information is to allow LPA to include this type of information from your child’s education records in certain school publications and public press releases. Examples include: The annual yearbook, honor roll or other recognition lists, class programs, sports activity sheets, a program showing your student’s role in a drama or music production or the school website. 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 have advised the LEA that they do not want their student’s information disclosed without their prior written consent. 

FERPA permits the disclosure of Personally Identifiable Information (PII) from students’ education records, without  consent of the parent or eligible student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, §99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining    prior written consent of the parents or the eligible student - 
  • To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  • 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, such as the State educational agency in the parent or eligible student’s State (SEA). Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  •  In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  • To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to §99.38. (§99.31(a)(5))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10)
  • Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))

Legacy Preparatory Academy’s full Data Governance Plan can be found at https://www.legacyprep.org/apps/pages/index.jsp?uREC_ID=811534&type=d&pREC_ID=1293585

LPA has designated the following information as directory information:
  • Student's name
  • Student address
  • Parent’s email
  • Telephone
  • Student photograph
  • Grade level
  • Participation in officially recognized activities and sports
  • Degrees, honors and awards received

If you do not want LPA to disclose directory information from your child’s education records without your prior written consent, you must notify LPA in writing by the first day your child physically attends school. 

You may find a list of third party vendors which LPA may utilize at datagateway.schools.utah.gov/datadictionary/home

This list is not all inclusive. LPA reserves the right to add or change third party vendors throughout the year.