FERPA Overview for School Staff

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FERPA Overview for School Staff
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What is FERPA?

• Family Educational Rights and Privacy Act
• A federal law that protects the privacy of
  student records
• Applies to education agencies and institutions
  that receive funding from U.S. Department of
  Education

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FERPA in a Nutshell

• Gives parents the right to access and amend their
  childrens education records
• Allows parents to control the disclosure of their
  childrens education records
• Generally prevents an education agency or
  institution from disclosing education records of
  students, or personally identifiable information
  contained in these records, without the written
  consent of the parents

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Resources for Understanding FERPA

• Forum Guide to the Privacy of Student
  Information A Resource for Schools (2006)
• Who developed this guide?
• Members of the National Forum on Education
  Statistics
• Representatives of local and state education
  agencies (and other education organizations) who
  deal with and have access to individually
  identifiable or aggregate student data

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Resources for Understanding FERPA

• Forum Guide to the Privacy of Student
  Information A Resource for Schools (2006)
• Why was this guide developed?
• To help schools and school districts better
  understand and apply the Family Educational
  Rights and Privacy Act (FERPA) and other federal
  laws that protect the privacy of student data
• To provide quick access to guidance and links to
  related resources

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Resources for Understanding FERPA

• Forum Guide to Protecting the Privacy of Student
  Information State and Local Education Agencies
  (2004)
• Who developed this guide?
• Members of the National Forum on Education
  Statistics
• Representatives of local and state education
  agencies (and other education organizations) who
  deal with and have access to individually
  identifiable or aggregate student data

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Resources for Understanding FERPA

• Forum Guide to Protecting the Privacy of Student
  Information State and Local Education Agencies
  (2004)
• Why was this guide developed?
• To give state education agency and local school
  system staff a general overview of privacy laws
  and professional practices that apply to
  education records

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Other Resources for Schools

• Family Policy Compliance Office (FPCO) website
• http//www.ed.gov/policy/gen/guid/fpco/index.html
• The FPCO is charged with implementing the Family
  Educational Rights and Privacy Act (FERPA) and
  the Protection of Pupil Rights Amendment (PPRA).
• Respond to complaints of FERPA or PPRA violations
  from parents or eligible students.

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Important Terms Education Records

• All records, files, documents, and other
  materials that contain information directly
  related to an individual student
• Those materials maintained by the education
  agency or institution or its representative
• Includes, but not limited to, handwriting, video
  or audio tape, and data or image in other
  electronic formats
• Health records maintained by an education agency
  or institution would generally be considered
  education records, and subject to FERPA

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Interesting Issue Education Records

• Owasso Independent School District vs. Falvo
• February 2002
• Issue Whether or not peer grading violates
  FERPA

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Important Terms Parent or Eligible Student

• Parents or eligible students are afforded the
  right under FERPA
• Parent means natural or adoptive parent, legal
  guardian, or individual acting as a parent or
  guardian in absence of him or her
• Eligible Student means students
• Age 18 or above
• Attending a postsecondary institution at any age

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Interesting Issue Parent of an Eligible Student
Parent of an Eligible Student Issue Whether or
not the parent of an eligible student as the
right to see his or her child's education record
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Important Terms Disclosure

• Violation to have a policy or practice of
  disclosing education records or information that
  personally identifies a student without the
  parent or eligible students consent
• "Disclosure" means to permit access to or the
  release, transfer, or other communication of
  personally identifiable information contained in
  education records to any party, by any means,
  including oral, written, or electronic means."
  See 34 CFR 99.3

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Disclosure of Student Information Requires
Parental Consent, Except Under These
Circumstances

• Directory Information A portion of the education
  record that would not generally be considered
  harmful or an invasion of privacy if disclosed
  (e.g., students name, address, phone number,
  date and place of birth, honors and awards,
  heights and weight of athletes, dates of
  attendance)
• Schools must provide public notice
• Parents may disallow such disclosure
• See http//www.ed.gov/policy/gen/guid/fpco/ferpa/m
  ndirectoryinfo.html for sample notice of
  directory information

•       

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Disclosure of Student Information Requires
Parental Consent, Except Under These
Circumstances
2. School officials with a legitimate
educational interest (defined in FERPA
regulations) 3. Other schools into which a
student is transferring or enrolling 4. Specified
officials for audit or evaluation 5. Appropriate
parties in connection with financial aid to a
student (typically applies to postsecondary
institutions)

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Disclosure of Student Information Requires
Parental Consent, Except Under These
Circumstances
6. Organizations conducting certain studies for
or on behalf of the school 7. Accrediting
organizations 8. Compliance with judicial order
or lawfully issued subpoena 9. Appropriate
officials in cases of health and safety
emergencies 10.State and local authorities,
within a juvenile justice system, pursuant to
state law

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Interesting Issue Disclosure of Student
Information
Issue Whether or not child protection agencies
may obtain information about a student that is
not in their custody, no contractual relationship
exist, or when there is no subpoena. Jane. 10,
has been reported to the child protective
services agency as a possible sex abuse victim.
The agency contacts Janes teachers to determine
if Jane has exhibited any unusual behavior.

•       

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What are Other Privacy QuestionsSpecifically
Covered in this Forum Guide?

• What do I do if military recruiters want a
  student listing?
• How and when should I notify parents of their
  rights and notification, as required in FERPA?
• How about the use of videotapes, online
  information, or media release?
• How about images captured in surveillance
  cameras?
• Does FERPA govern how data is maintained with new
  technologies?
• How may I transfer the disciplinary record of a
  student?
• Is health information contained in a student
  record covered by FERPA or another law?

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Military Recruiters

• No Child Left Behind Act of 2001 and National
  Defense Authorization Act for Fiscal Year 2002
• Upon request and after notifying parents,
  military recruiters are entitled to receive the
  name, address, and phone number of juniors and
  seniors in high school

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Parental Rights and Notification

• Annual notification process must ensure that
  parents understand their rights under FERPA,
  including the right to file a complaint
  concerning a school districts failure to comply
• The right of parents to access information is
  limited to their own child
• NOTE Schools must redact the names and other
  personally identifiable information about other
  students that may be included in the childs
  education records

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Parental Rights and Notification

• Parents have the right to inspect and review
  their childs records within 45 days after a
  request has been received by the school.
• Either parent has equal rights unless there is
  evidence of a court order or state law revoking
  or restricting that right

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The Use of Images on Videotapeor Posted on
Website

• Need prior consent for
• Videotapes or photographs created and kept by
  the school or education agency that are directly
  related a specific student (e.g., a student
  involved in an altercation)
• Do not need prior consent for
• Images of students who are considered set
  dressing, such as students walking down the hall
  or riding on a school bus

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Surveillance Cameras

• FERPA doesnt govern how surveillance cameras are
  used
• Videotape can be part of an education record
• It is a good practice for the school and
  education agency to establish a policy regarding
  the maintenance and access to these images

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Interesting Issue Surveillance Cameras

• South Bend, Indiana
• Tribune Reporter Requested Videotapes of
  School-Related Incidents
• 2006
• Issue Whether or not school district violated
  the Access to Public Records Act (APRA) by
  refusing to disclose a copy of a surveillance
  videotape

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Technology Use in School

• FERPA doesnt govern how education records are
  maintained
• It is the school and education agencys
  obligation not to disclose or transmit
  information to unauthorized parties
• School and education agency should consider
  establishing policies, procedures, and best
  practices that address issues such as use of
  portable data storage and offsite use of
  education records

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Transfer of Disciplinary Records

• No Child Left Behind Act requires that states
  have a procedure in place to facilitate the
  transfer of disciplinary records

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Health Information

• The Health Insurance Portability and
  Accountability Act (HIPAA) establishes standards
  regarding the electronic sharing of health
  information
• Student health information maintained by a school
  or agency is subject to FERPA while information
  collected as part of services under Individuals
  with Disabilities Education Act (IDEA) is also
  subject to IDEAs confidentiality provisions

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For More Information

• FPCO website http//www.ed.gov/policy/gen/fpco/i
  ndex.html
• FERPA documents, sample notifications (annual
  notice and that regarding military recruiting),
  hot topics, court cases, and training
  information
• National Forum on Education Statistics
  http//nces.ed.gov/forum/FERPA_links.asp
• Resources, guidelines, weblinks, and best
  practice data management recommendations

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• QUESTIONS ANSWERS