FERPA and Annual Public Notifications

ORANGE COUNTY SCHOOLS
200 E. KING STREET, HILLSBOROUGH NC 27278

Annual Notifications
2024-2025 School Year

Federal and state laws and regulations require school districts to provide parents/guardians and students with annual notice of certain rights and information. Many of these required notices are included in Board Policy 1310/4002 (Parental Involvement) and other Board policies. This document contains the notices required by federal and state laws and regulations. It also includes additional notices required by Board Policy 1310/4002. All of the Board’s policies are available for your review here. For a paper copy of this notice and any related Board policies, please contact your child’s school.

1. Title I

The Title I program is a federally supported program that offers assistance to educationally and economically disadvantaged children to help ensure they receive an equitable, high-quality, well-rounded education and meet the school system’s challenging academic standards. The Title I program provides instructional activities and supportive services to eligible students over and above those provided by the regular school program.

The following OCS schools receive Title I funding for 2024-2025: Central Elementary School, Efland-Cheeks Global Elementary School, Grady A. Brown Elementary School, New Hope Elementary School, Pathways Elementary School, and Partnership Academy High School.

Parents of students in Title I schools have the rights described in Board Policy 1320/3560, including the following rights:

For parents of students who have been identified for participation in a program for English Learners, you have the right to be provided with notice of:
1. the reasons for the child’s identification;
2. the child’s level of English proficiency and how such level was assessed;
3. methods of instruction;
4. how the program will help the child;
5. the exit requirements for the program;
6. if the child has a disability, how the language instruction educational program meets the objectives of the child’s individualized educational program (IEP);
7. any other information necessary to effectively inform the parent of the program and the parental rights regarding enrollment, removal, and selection of a program for English learners; and
8. notice of regular meetings for the purpose of formulating and responding to recommendations from parents.
For all parents, you have the right:
1. to view the school system and school report card, which is available on your school’s website;
2. to request certain information on the professional qualifications of the student’s classroom teachers and paraprofessionals providing services to the child in a timely manner;
3. to receive notice if you child has ben assigned to or taught for at least four consecutive weeks by a teacher who does not meet state licensure requirements at the grade level or subject area in which the teacher has been assigned;
4. to receive information on the level of achievement and academic growth of your student on state academic assessments;
5. to receive the school’s written parent and family engagement policy, be involved in your child’s school, and to be notified of opportunities for parents and family members to be involved in school;
6. to request information regarding your child’s participation in state-required assessments in a timely manner;
7. to review information on each assessment required by the state and school system; and
8. other information required by Board Policy 1320/3560.

2. Parent Guide to Student Achievement

OCS offers information regarding student achievement to parents and guardians through its Parent Guide to Student Achievement. The Guide is available here: https://orangecountyfirst.com/parents-guide. The Guide includes the information required by Board Policy 1310/4002, Section C.2.

3. FERPA/Student Education Records

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records. These rights are contained in Board Policy 4700 and include:

the right to inspect and review the student’s educational records and the procedure for exercising this right. Submit a written request to your school’s principal that identifies the records you wish to inspect. Your school principal or designee will schedule an appointment to inspect/review the record(s). See Policy 4700 Section G for additional information.
the right to request amendment of the student’s educational records that the parent or eligible student believes to be inaccurate, misleading, or in violation of the student’s privacy rights; and the procedure for exercising this right. Submit your request in writing to the school’s principal. Clearly identify the part of the record you want changed and specify why it should be changed. The principal will respond in writing. Subsequent steps will follow the student grievance procedures in Board Policy 1740. See Policy 4700 Section G for additional information.
the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent;
the type of information designated as directory information and the right to opt out of release of directory information. See Policy 4700, Section H.3. for the list of information designated as directory information. To opt out, submit a written request to your school principal.
that the school system releases records to other institutions that have requested the information and in which the student seeks or intends to enroll;
the right to opt out of releasing the student’s name, address, and phone number to military recruiters or institutions of higher education that request such information. To opt out, submit a written request to your school principal.
a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest if a school official discloses or intends to disclose personally identifiable information to school officials without consent. A school official includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel), a Board of Education member, or a person or organization with whom the OCS has contracted and 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 PII from education records. 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.
notification if the school system uses contractors, consultants, volunteers, or similar persons as school officials to perform certain school system services and functions that it would otherwise perform itself; and
the right to file complaints with the Family Policy Compliance Office in the U.S. Department of Education. The name and address of the Office that administers FERPA are:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

4. Student Surveys

The Protection of Pupil Rights Amendment (PPRA), along with other state legal requirements, affords parents of elementary and secondary students certain rights regarding the conduct of surveys. These rights include the right to:

Notification. The school system will notify parents at the beginning of each school year of the specific or approximate dates of administration of protected topic surveys. At least 10 days prior to the administration of a protected topic survey, parents and eligible students (students who are 18 years of age or older or who are emancipated minors) will be provided the opportunity to review both electronically and in person the process for providing consent to participate in the protected topic survey and the full text of the protected topic survey.
Parental Consent. Before a student will be permitted to participate in any protected topic survey, the parent or eligible student must provide prior written consent.

Protected Topic Surveys are those that reveal information concerning any of the following:

political affiliations or beliefs of the student or the student’s parent;
mental or psychological problems of the student or the student's family;
sex behavior and attitudes;
illegal, anti-social, self-incriminating or demeaning behavior;
critical appraisals of other individuals with whom respondents have close family relationships;
legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
religious practices, affiliations, or beliefs of the student or the student's parent; or
income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)

In addition, the PPRA affords parents of elementary and secondary students certain right regarding the collection and use of information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:

Receive notice and an opportunity to opt a student out of –
1. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
2. Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)
Inspect, upon request and before administration or use –
1. Protected information surveys of students and surveys created by a third party;
2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law. Parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this direct notification requirement:

Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
Administration of any protected information survey not funded in whole or in part by ED.
Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights under the PPRA have been violated may file a complaint with:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202

Additional information is available in Board Policy 4720.

5. Physical Exams and Screenings

The Protection of Pupil Rights Amendment (PPRA) affords parents of elementary and secondary students certain rights regarding certain physical exams, including the right to the approximate dates of any non-emergency, invasive physical examination or screening that is: (a) required as a condition of attendance, (b) administered and scheduled in advance by the school administration, and (c) not necessary to protect the immediate health and safety of students. For more information, contact: Sylvia Compton, Lead School Nurse, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126. You can also view information regarding student health on the OCS Student Health Information webpage, available here.

6. Pesticide Use on School Property

Schools must provide notice of the schedule of pesticide use on school property and have the right to request notification of nonscheduled pesticide use. For more information, see Board Policy 9205 and the OCS Environmental Health and Safety Office webpage, available here. You may also contact: William Perry, Director of Environmental Health and Safety, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126.

7. Student Behavior Policies and Code of Student Conduct

The OCS Code of Student Conduct is available here: https://www.orangecountyfirst.com/parents-and-students/code-of-student-conduct. For more information about the Board’s student behavior policies, see Board Policy 4305. Other Board policies regarding student conduct are available in the 4300 series.

8. Permissible Use of Seclusion and Restraint

School personnel may only use seclusion and restraint as authorized in applicable law. Schools are required to provide parents with the statute and applicable Board policy. You can view a copy of the statute here: G.S. 115C-391.1. You can view the Board policy here: Board Policy 4302-R.

9. Prohibition on Bullying and Harassing Behavior

The Board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to f0acilitate student learning and achievement. The Board prohibits discrimination on the basis of race, color, national origin, sex, gender identity, sexual orientation, disability, or age. The Board will not tolerate any form of unlawful discrimination, harassment, or bullying in any of its educational or employment activities or programs. See Board Policy 1710 for more information, including information regarding reporting and investigating complaints of discrimination, harassment, and bullying.

10. Student and Parent Grievance Procedure

The Board of Education strives to resolve concerns and complaints of students and parents whenever possible. To this end, the Board has provided opportunities for students and parents to express their concerns through processes established in Board policies. The policy on responding to complaints identifies these different processes, including a mechanism for resolving complaints in an informal manner.

While the Board encourages resolutions of complaints through informal means, it recognizes that, at times, a formal process may be necessary for certain types of complaints or if the informal process did not produce satisfactory results. For more information about the process for a grievance, see Board Policy 1740/4010.

11. Districtwide and State-Mandated Tests

Information regarding Testing and Accountability in Orange County Schools can be located at the following links.

OCS shares the progress of students through a variety of ways, including quarterly report cards, progress reports, parent conferences, and assignment/test feedback. Feedback on conduct is also shared. Parents can access attendance, grades, and testing information through the Infinite Campus Parent Portal (Campus Parent). Information about accessing the parent portal can be located at the following link: Parent Portal Access

This is a list of North Carolina state-mandated assessments:

End-Of-Grade (EOG) Assessments are administered to students in grades 3-8 in English Language Arts and Mathematics and in grades 5 and 8 in Science.
End-Of-Course (EOC) Assessments are administered to students registered in Biology, English II, Math 1, and Math 3.
ACT: WorkKeys are part of North Carolina's College and Career Ready program.
Alternate Assessments are available to students with disabilities as documented in their Individualized Educational Plan (IEP) or 504 Plan.
WIDA Screener/ ACCESS for English Language Learners is administered to English Language Learners through the ESL department at each school upon initial enrollment and then annually to determine English language proficiency.
The North Carolina Field Testing Program collects the data necessary to generate high-quality and technically sound state tests and inform assessment practices.
National Assessment of Educational Progress (NAEP), or “the Nation’s Report Card,” is administered to selected schools to reflect what America’s students know and can do in various subject areas.
Any student enrolled in a CTE course (including a NCVPS CTE course) is expected to complete the required state Proof of Learning (POL) identified for that course. A POL is a type of assessment provided in a CTE course and is a defined measure of students’ mastery of standards and objectives learned in a CTE course.

For the dates of any system-wide and state-mandated tests that students will be required to take during the school year and how the results will be used, contact: April Starbuck, Testing Coordinator, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126.

12. School Grading Practices

The Board’s policies governing grading practices and the method for computing GPA in high school are Policy 3400 (Evaluation of Student Progress) and Policy 3450 (Class Rankings).

13. Opportunities for Advanced Courses and Advanced Learning Opportunities in Mathematics

For information about available opportunities and the enrollment process for students to take advanced courses, including advanced learning opportunities in mathematics, contact: Dr. Chris Gammon, Executive Director of Secondary Education, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126. The OCS Local Academically and/or Intellectually Gifted Plan is available here.

14. School District and School Performance/Assessment Information and School Performance Grades

Information regarding OCS and individual school student achievement, graduation rates, and school performance grades can be found here and on the NC Department of Public Instruction website, available here. This includes aggregate and disaggregated data and the performance of the school system as compared to the state as a whole. For additional OCS performance and assessment information, contact Dr. Julie Pack, Chief Academic Officer, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126.

15. Annual School Report Card and Low-Performing School and District Identification

You will be notified if your child attends a school with a performance grade of “D” or “F” or if your child’s school or the school system is identified by the State Board of Education as low-performing.

16. Supportive Services for Students, Including Health Services

Student health and wellbeing is important to the OCS. Contact the Office of Student Engagement and Support Services for more information regarding student support services, including counseling, social worker, and health services. You can also visit their webpage here. Information about influenza and meningococcal diseases and vaccines is available on the Student Health Information webpage, available here.

17. Information About Cervical Cancer, Cervical Dysplasia, and Human Papillomavirus for Students in Grades 5 through 12

State law requires school districts to provide information about cervical cancer, cervical dysplasia, and human papillomavirus to students in grades 5 through 12. Information is available on the NCDHHS and CDC websites. Information is also available on the OCS Student Health Information webpage, available here. For additional information, contact: Sylvia Compton, Lead School Nurse, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126.

18. Contacting School Officials in Emergency Situations During Non-School Hours

To contact school officials in emergency situations during non-school hours:

In a true emergency with risk of harm to people or property, call 911.
District administrators: www.orangecountyfirst.com/our-district-main/staff-directory.
School administrators: www.orangecountyfirst.com/our-district-main/schools
Email district and school officials, or leave a voicemail message.
To submit an anonymous tip for the safety of any student or staff member, use the Say Something - Anonymous Reporting System at www.saysomething.net or 1-844-5-SAY-NOW (844-572-9669).

19. Free and Reduced Price Meal Services, School Breakfast Program, and Free Summer Food Service Program

You can review information about free and reduced price meals, free milk, the school breakfast program, and free summer food service program on the OCS School Nutrition Services webpage, available here. This includes information about the free and reduced price meal application, which may be completed online or via a paper application. For additional information, contact: Sara Pitts, School Nutrition Director, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126. You can also review the Board’s Free and Reduced Price Meal Services Policy, 6225.

20. Procedural Safeguards for Students with Disabilities

For parents of children with disabilities, information about procedural safeguards under the IDEA is available here. You can also review Board Policy 1730/4022/7231. Additional information is available on the OCS Exceptional Children’s Department webpage, available here, and the OCS 504 webpage, available here.

21. Asbestos Management

Information about the OCS asbestos management program is available on the Environmental Health and Safety Office webpage, available here.

22. Students Experiencing Homelessness

The McKinney-Vento Homelessness Assistance Act provides parents and students experiencing homelessness with certain rights. See Board Policy 4125. Additional information, including parent and student rights, is available on the OCS Families in Transition webpage, available here. The OCS McKinney-Vento Liaison is Dr. Jessica Dreher, Director of Student Engagement and Support Services, 200 E. King Street, Hillsborough NC 27278, (919) 732-8126.

23. School Wellness Policies

For information about school wellness policy, see Board Policy 6140.

24. Leave to Volunteer in Child’s School

Parents have the right to take four hours of leave from their jobs every year in order to volunteer in their child’s school. For information about volunteering in schools, see Board Policy 5015.

25. Nondiscrimination

OCS does not discriminate on the basis of race, color, national origin, sex, disability, or age, and provides processes for resolving discrimination and harassment complaints. For more information, see Board Policy 1710/4021/7230, Policy 1720, and Policy 1730/4022/7231.

26. Equal Access

OCS provides equal access to its facilities, programs, and activities in accordance with law. For more information, see Board Policy 1710/4020/7230.

27. Requesting Waivers or Reductions of Student Fees

Information about student fees is available in Policy 4600. To request a waiver or reduction in student fees, follow the process in Policy 4600-P and Policy 4600E.

28. Opportunities to Withhold Consent/Opt Out Notifications

Parents have the opportunity to withhold consent/opt out of:

release of student directory information about their child for school purposes or to outside organizations (see policy 4700, Student Records);
release of their child’s name, address, and telephone listing to military recruiters or institutions of higher education (see policy 4700, Student Records);
their child’s participation in curricula related to (a) prevention of sexually transmitted diseases, including HIV/AIDS; (b) avoidance of out-of-wedlock pregnancy; or (c) reproductive health and safety education, as provided in policy 3540, Comprehensive Health Education Program. A copy of the materials that will be used in these curricula will be available in the school media center during the school year and at other times that the media center is available to the public. To meet any review periods required by law, materials also may be made available for review in the central office;
their child’s participation in academic or career guidance or personal or social counseling services of a generic nature offered to groups of students (e.g., peer relations strategies offered to all sixth graders). However, parents do not have the right to opt out of: (a) short-duration academic, career, personal, or social guidance and counseling and crisis intervention that is needed to maintain order, discipline, or a productive learning environment; (b) student-initiated individual or group counseling targeted at a student’s specific concerns or needs; and (c) counseling if child abuse or neglect is suspected (see policies 3610, Counseling Program, and 4240/7312, Child Abuse and Related Threats to Child Safety);
their child’s participation in any protected information survey given as part of the Center for Disease Control and Prevention’s Youth Risk Behavior Surveillance System or National Youth Tobacco Survey (see policy 4720, Surveys of Students);
their child’s participation in any non-emergency, invasive physical examination or screening that is: (a) required as a condition of attendance; (b) administered and scheduled in advance by the school administration; and (c) not necessary to protect the immediate health and safety of students;
the collection, disclosure, or use of their child’s personal information for marketing purposes (see policy 4720, Surveys of Students); and
release of their child’s free and reduced-price meal information to State Medicaid or State children’s health insurance program (SCHIP).

Any parent who wishes to opt out/withhold consent must do so in writing after receiving notice.

29. Title IX Nondiscrimination on the Basis of Sex

Orange County Schools does not discriminate on the basis of sex in its education programs or activities and is required by Title IX of the Education Amendments Act of 1972 and federal regulations to not discriminate in such a manner. This requirement extends to admission and employment. The Board will not tolerate discrimination on the basis of sex, including any form of sexual harassment as that term is defined under Title IX, in any program or activity of the school system.

The Board has designated a Title IX coordinator to coordinate its efforts to comply with its responsibilities under Title IX and its implementing regulations. Inquiries about the application of Title IX and its implementing federal regulations may be referred to the Title IX coordinator and/or the Assistant Secretary for Civil Rights in the Office for Civil Rights at the U. S. Department of Education.

The contact information for the Title IX coordinator is as follows:

For Complaints about Students: Dr. Sheldon Lanier, Chief Equity and Student Achievement Officer
200 E. King Street, Hillsborough NC 27278, (919) 732-8126

For Complaints about Staff: Mr. Jeffrey Koweek, Chief Human Resources Officer
200 E. King Street, Hillsborough NC 27278, (919) 732-8126

The contact information for the Office for Civil Rights with jurisdiction over North Carolina is as follows:

4000 Maryland Ave., SW
Washington, DC 20202-1475

Telephone: 202-453-6020
TDD: 800-877-8339
FAX: 202-453-6021
Email: OCR.DC@ed.gov

30. Parental Involvement in Student Health

At the beginning of each school year, your child’s school will notify parents of (1) each health care service offered at their children’s schools and the means for parents to provide consent for any specific services; (2) acknowledgment that consenting to a health care service does not waive the parents’ right to access their children’s educational records or health records or to be notified of changes in their children’s services or monitoring; and (3) the procedures to exercise the parental remedies for concerns related to student health provided by G.S. 115C-76.60. For more information, contact your school’s principal. You can review additional information in Board Policy 1310/4002.

31. Parental Concerns

If a parent has a concern about the school system’s procedure or practice under Part 4 of Article 7B of Chapter 115C, as described in Section E of Policy 1310/4002, the parent should submit the concern in writing to the principal at his or her child’s school. The parent should include the following information in the written concern: (1) the specific school system procedure or practice with which the parent is concerned, (2) if applicable, the name of any school system employee(s) or other individual(s) whose actions are at issue, (3) any specific laws, regulations, or policies believed to be violated, and (4) the specific resolution desired. The process in Section E.6. of Policy 1310/4002 will be followed.

32. Safe Surrender

Board Policy 3610 requires schools to provide all students in grades 9-12 with information on the manner in which a parent may lawfully abandon a newborn baby with a responsible person. Please see the NCDHHS Safe Surrender webpage for more information, available here. According to the NCDHHS webpage, the law provides parents in crisis, or who feel they have no other choice, a way to safely and legally surrender their baby to a designated person, which includes a health care provider who is on duty at a hospital or local health department or community healthcare center, a first responder who is on duty including a law enforcement officer or firefighter or certified emergency medical services provider, or a social services worker who is on duty at a local department of social services.

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