Post on 19-Jan-2018
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F.E.R.P.A.
What is FERPA
?
The Family
Educational Rights and Privacy Act
...also known as the Buckley
Amendment; it protects the
privacy of student records.
What does FERPA
provide?
1. The right of parents and
eligible students to inspect and review education records.
2. The right of parents and
eligible students to seek to amend those records.
3. The right of parents and eligible
students to limit disclosure
of information from the records.
FERPA applies to all schools that are
the recipients of federal funding.
Who is protected
under FERPA?
All Students !
The Family Educational Rights and Privacy Act
mandates confidentiality of all students’ records,
including students served by
special education programs.
What constitutes
an educational
record ?
Records which are directly related to the student and which are
maintained by a school site or district.
“Educational Records” generally include any
records in the possession of the
school that contain information directly
related to a student.
These records include items such as * grades, * disciplinary records, * special education records, * test results, * attendance records.
The records may be handwritten or in the form of
print, computer, magnetic tape, e-mail, film or some
other medium.
FERPA protects all records, files, documents, and data
directly related to students.
Institutions may disclose information
regarding a student without
violating FERPA through what
is known as “directory information.”
Directory information includes:
* Student’s name
* The names of the student’s parents
* The student’s address
* The student’s grade placement* The student’s extracurricular participation* The student’s achievement awards or honors* The student’s weight and height, if a member of an athletic team, and...
* The student’s photograph* The school or school district the student attended before he or she enrolled.
Are there any restrictions
on the release of directory
information?
Yes, the district is required to provide:
Annual Notification
Within the first three weeks of each school year,
the district publishes in the local newspaper a notice to parents and
eligible students of their rights under FERPA.
The District’s FERPA policy is also published in parent/student handbooks. Parents and eligible students have the right to restrict the release of any or all of directory information by completing a notification form for non-disclosure
When are personal notes not
considered educational
records?
When they are...* kept in sole possession of
the maker,
* not accessible or revealed to any other person,
* and used only as a memory aid
Who would generally
be permitted access to student records?
1. School officials who have “legitimate educational interest.”
2. Parents of a “dependent student” as defined by the Internal Revenue Code.
(Biological parents, whether parent has custody of child or not, unless parent’s rights have been taken away by the court.)
3. Step-parent, if the child is living with the step-parent.
4. Eligible student (students 18 years of age.)
5. The issuer of a judicial order or subpoena that allows the institution to release records without the parent’s or eligible student’s consent, however, a “reasonable effort” must generally be made to notify the student before complying with the order.
When is the parents’ or
eligible student’s
consent not required to
disclose information?
To school officials with a legitimate educational
interest,
To parents of a “dependent student,”
To federal, state and local education
authorities involving an audit or
evaluation of compliance with
educational programs,
To comply with a judicial order or
subpoena,
Health or safety emergency,
Directory information (unless restricted by
parent or eligible student) or...
To the parent(s) or
“eligible student.”
(Requests to disclose should always be handled
with caution and approached on a case-by
case basis.)
When in doubt, don’t give it
out.
Test your “FERPA
I.Q.”
A parent questions her student’s grade in your class. You open
your “grade book” and show the parent her student’s grade as well as other student grades.
Violation of FERPA?
Yes.
A parent may only have access to their child’s grades.
At a social gathering a teacher shares a discipline incident that occurred at the school that week. Although he
did not mention the student’s name, he finished his comments by saying, “Can you believe that he still started
at quarterback Friday night?”
Violation of FERPA?
Yes. It is a violation to share any information contained in a school record, in this case a disciplinary record, with attending personally identifiable information that would identify the student.
A non-custodial parent comes to school and requests to have a copy of their son’s grades. The school refuses since the parent does not live within
the District and the child does not live with them.
Violation of FERPA?
Yes.
A parent has a right to their child’s school record. Whether or not a parent is the custodial parent has no bearing on his/her rights as a parent under the FERPA regulations.
Forum Guide To The Privacy of Student
Information
F.E.R.P.A.