FERPA Notice of Rights

Effective Date: March 19, 2026

Overview

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g and 34 CFR Part 99, is a federal law that protects the privacy of student education records. FERPA applies directly to educational agencies and institutions that receive funding from the U.S. Department of Education. Kids on the Yard is a private tutoring company and is not itself a covered institution. However, when Kids on the Yard provides services under a contract with a school or school district that receives federal funding, Kids on the Yard is bound by FERPA as a "school official with legitimate educational interest" under 34 CFR Section 99.31(a)(1)(i)(B). For records received from such schools, FERPA is a binding legal obligation, not voluntary.

This notice explains your rights regarding student education records and how Kids on the Yard protects educational information.

Your Rights Under FERPA

1. Right to Inspect and Review Records

Parents and eligible students (18 years or older) have the right to:

• Inspect and review education records maintained by Kids on the Yard
• Request copies of records (copying fees may apply)
• Receive records within 45 days of request
• Have records explained or interpreted if needed

How to Request:

• Email: [email protected]
• Phone: +1 786-382-2000
• Written request to our office address

2. Right to Request Amendment

You have the right to request amendment of education records you believe are:

• Inaccurate
• Misleading
• In violation of privacy rights

Amendment Process:

1. Submit written request identifying the record and proposed change
2. We will review within 30 days
3. If denied, you may request a formal hearing
4. You may add a statement to the record if amendment is denied

3. Right to Consent to Disclosures

Generally, written consent is required before disclosing personally identifiable information from education records, except in specific circumstances permitted by law.

Consent Requirements:

• Consent must be signed and dated
• Must specify records to be disclosed
• Must identify recipient(s)
• Must state purpose of disclosure

4. Right to File Complaints

You may file complaints regarding FERPA violations with:

U.S. Department of Education Student Privacy Policy Office (SPPO) 400 Maryland Avenue, SW Washington, DC 20202-8520 Phone: 202-260-3887 Email: [email protected]

Exceptions to Consent Requirements

FERPA permits disclosure without consent in the following circumstances:

School Officials with Legitimate Educational Interest

When Kids on the Yard acts as a "school official" under contract with a school under 34 CFR Section 99.31(a)(1)(i)(B), Kids on the Yard satisfies all four criteria required by the regulation:

1. Performs an institutional service or function for which the school would otherwise use its own employees;
2. Is under the direct control of the school with respect to the use and maintenance of education records;
3. Uses education records only for the authorized purposes described in the contract; and
4. Does not redisclose personally identifiable information from education records to any other party without the school's authorization or as otherwise permitted under FERPA.

Within this framework:

• Kids on the Yard receives education records necessary to provide the contracted services.
• Access is limited to Kids on the Yard staff with a legitimate educational interest in the specific records.
• Records are used only for the purposes authorized by the contracting school.
• Kids on the Yard is subject to the same FERPA confidentiality and use restrictions as the school.

Other Permitted Disclosures

• Directory Information: As designated by the school (if applicable)
• Health or Safety Emergency: To protect health or safety of students or others
• Judicial Order or Subpoena: With required notifications
• Accreditation Organizations: For accreditation purposes
• Financial Aid: To determine eligibility or enforce terms

Information We Collect and Maintain

Types of Education Records

Kids on the Yard may collect and maintain:

Records NOT Covered by FERPA

The following are not considered "education records" under FERPA:

• Sole possession records (personal notes not shared)
• Law enforcement unit records
• Employment records (for students who are employees)
• Records made after the student is no longer in attendance
• Treatment records of postsecondary students made by a physician, psychiatrist, psychologist, or other recognized professional acting in a treatment capacity (these are excluded from FERPA but ARE separately protected). Note that K-12 student health records held by a school are typically FERPA records, NOT HIPAA records — HIPAA generally does not apply to school-held health records of minor students.

How We Protect Education Records

Security Measures

• Access Controls: Role-based access limited to those with legitimate need
• Encryption: Data encrypted in transit and at rest
• Authentication: Multi-factor authentication for record access
• Audit Logs: All record access logged and monitored
• Training: Staff trained on FERPA requirements annually

Record Retention

Education records held by Kids on the Yard are retained according to the tiered retention schedule described in the Data Retention Policy. The tiers are:

Where a contracting school district specifies a different retention period in the school official agreement, the longer of the two periods applies.

Record Destruction

When records are destroyed:

• Paper records are shredded
• Electronic records are securely deleted
• Destruction is documented and logged

Working with Schools

School Official Designation

When contracted by schools to provide educational services:

• Kids on the Yard staff may be designated as "school officials"
• We operate under the school's FERPA compliance framework
• We follow school policies regarding record handling
• We return or destroy records at contract end

Information Sharing with Schools

With appropriate consent or under school official designation:

• Progress reports shared with school
• Assessment data shared as needed
• Collaborative planning with school staff
• IEP/504 implementation support

Parent vs. Student Rights

Parents' Rights

Parents have FERPA rights regarding their child's records until:

• The student turns 18 years old, OR
• The student enrolls in postsecondary education

Eligible Students

When a student becomes an "eligible student" (18+):

• FERPA rights transfer to the student
• Parents may still access records if:
  • Student provides written consent, OR
  • Student is a dependent for tax purposes, OR
  • Health/safety emergency exists

Divorced or Separated Parents

Both parents have equal access rights unless:

• Court order specifically restricts access
• Legal documentation limiting parental rights is provided

Special Circumstances

Students with Disabilities

For students receiving special education services:

• Additional protections under IDEA may apply
• IEP/504 records receive heightened protection
• Parents retain rights throughout special education eligibility

Homeschool Students

For homeschool students:

• Parents typically control all education records
• FERPA may not technically apply
• Kids on the Yard maintains equivalent protections

International Students

For students from other countries:

• FERPA protections apply while receiving services in the U.S.
• Additional international privacy laws may apply (GDPR, etc.)

Requesting Records

How to Submit a Request

1. Identify Yourself: Provide proof of identity and relationship to student
2. Specify Records: Describe the records you wish to access
3. Submit Request: Email, mail, or phone

Processing Timeline

Fees

• Inspection: Free
• Copies: $0.25 per page
• Certified Copies: $5.00 per document
• Rush Processing: Additional fees may apply

Contact Information

For FERPA-related questions or record requests:

Student Records Office Kids on the Yard Limitless Virtue LLC 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A

Related Policies

• Privacy Policy - Complete privacy practices
• COPPA Consent Procedures - Children under 13
• Child Protection Hub - Child safety overview
• SPED Terms of Service - Special education services

This FERPA Notice is provided as part of Kids on the Yard's commitment to educational privacy and compliance.