FERPA

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FERPA

• Dee Crowley
• Tammy Savage
• EDL 725
• Dr. Rick Geisel

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What is FERPA?

• A federal law that protects the privacy of
  student education records.
• Also known as the Buckley Amendment.
• FERPA deals with
• Access to education records
• Parental rights to inspect and review records
• Amendment of Records
• Destruction of Records

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Purpose of FERPA

• The Family Education Rights and Privacy Act of
  1974 (FERPA)
• Ensures that parents have access to their
  childrens educational records
• Protects the privacy rights of parents and
  children by limiting access to these records
  without parent consent.

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Who does FERPA apply to?

• FERPA applies to all agencies and institutions
  (schools, colleges) that receive federal funds.

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Release of Records Rules for Disclosure

• Disclosure Exceptions
• School officials with legitimate educational
  interest
• Schools to which a student is transferring
• Specified officials for audit or evaluation
  purposes
• Appropriate parties in connection with financial
  aid to student
• Organizations conducting certain studies for or
  on behalf of the school
• Accrediting organizations
• Comply with judicial order or lawfully-issued
  subpoena
• Appropriate officials in cases of health and
  safety emergencies
• State and local authorities, within a juvenile
  justice system, pursuant to specific State law.

• Schools must have written permission from the
  parent or eligible student in order to release
  any information from a students educational
  record.

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Educational Records

• Directory Information
• Can be disclosed without the written consent of
  the student
• Release can be restricted with formal request.
• Annual notice in student handbook.
• Examples
• Name
• Address
• Phone/Email
• Dates of attendance
• Degree(s)awarded
• Enrollment status
• Major field of study

• Non-directory Information
• Cannot be released to anyone without prior
  written consent of student/parent.
• Faculty and staff can access with legitimate
  academic need.
• Examples
• Social Security number
• Student ID number
• Transcript
• Gender
• Race

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Personal Record Kept by a School Staff Member

• Educators keep certain records without providing
  access to parents as long as
• made as a personal memory aid
• In the personal possession of the individual who
  made it
• Information will never be revealed or made
  available to any other person

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What is a Student Educational Record?

• Just about any information about a student for
  use in the educational process is considered a
  student educational record
• Personal information
• Enrollment records
• Grades
• Schedules

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Landmark Cases

• Gonzaga University v. Doe (2002)
• Court noted that individuals cannot sue for
  damages for FERPA violations. The Court decided
  that punishment for violations should be the
  denial of federal funds to schools that
  demonstrate noncompliance with privacy laws.
• Owasso Independent School District v. Falvo
  (2002)
• Decision upheld the constitutionality of peer
  grading. Actions did not violate FERPA because
  student records were not being maintained by the
  peer graders.

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Example of FERPA ViolationMcGilvray v. Moses
(1999)

• During the 1996-97 school year, McGilvray had a
  one-year term contract with BISD teaching
  physical education to 4?th, 5?th, and 6?th grade
  students. In October 1996, a Wise County
  juvenile probation officer was scheduled to
  present a program entitled Choices to the 6?th
  grade class. In anticipation of the officer's
  visit, McGilvray prepared a list of the names of
  forty-two 6?th grade students who McGilvray
  believed had attitude problems. On the list,
  McGilvray made a general notation that these
  students were thoughtless, disrespectful,
  rude, selfish and uncaring.
• On October 9, McGilvray gave the list to a fellow
  teacher with instructions to deliver it to the
  officer before his first presentation that
  morning. The teacher, Melody Richardson,
  unfolded the list and felt immediately nauseated
  upon reading it. Richardson showed the list to
  a teacher's aide and asked what she thought
  Richardson should do with it. The teacher's
  aide made a copy of the list, and Richardson gave
  the list to the principal. The principal put
  the list in a drawer and did not deliver it to
  the officer.
• The copy of the list made by the teacher's aide
  soon made it into the small Boyd community and
  became common knowledge throughout the town. By
  8 a.m. the following morning, a group of angry
  parents were at the superintendent's office
  complaining about the list and demanding that
  McGilvray be fired. Within days, the district
  received dozens of letters from parents demanding
  that McGilvray's contract be terminated or that
  their children not be in class with her.
• On November 19, 1996, BISD Superintendent Larry
  Enis notified McGilvray that her term contract
  had been proposed for termination for good cause.
  As grounds, Enis listed violation of BISD
  students' rights to privacy, violation of
  district policy concerning confidential student
  information, and violations of the Family
  Education Rights and Privacy Act (FERPA).
  McGilvray was also informed that in light of
  recent events, she could no longer be effective
  as a teacher within the Boyd school system.

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Some Basic Rules

• Rule One
• Student educational records are considered
  confidential and may not be released without the
  written consent of the student/parent.
• Rule Two
• As a faculty or staff member, you have a personal
  responsibility to protect educational records in
  your possession.
• Rule Three
• You have access to information only for
  legitimate use in completion of your
  responsibilities as an instructor. Need to know
  is the basic principle.

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Resources

• Family Educational Rights and Privacy Act
  (FERPA), Retrieved July 20, 2011, from
  http//www2.ed.gov/policy/gen/guid/fpco/ferpa/inde
  x.html
• Kritsonis, William Allan PhD. PowerPoint
  presentation, Retrieved July 20, 2011, from
  http//www.slideshare.net/Will1945/ferpa-ppt
  McGilvray v. Moses, Texas Court of Appeals No.
  2-99-092-CV, decided December 16, 1999, Retrieved
  July 20, 2011, from http//caselaw.findlaw.com/tx-
  court-of-appeals/1384100.html