Transcript What is FERPA

Student Data and
Confidentiality
Parents Rights
Schools’ Responsibilities
Native American Information
System (NASIS)
• What and Why
– A web based student information data collection tool
that keeps protected student data
– Not a personnel system but will have High Quality
Teacher information
– To fulfill our reporting requirements to the Department
of Education (Titles, Special Education, Safe and
drug free and so on)
– Indian School Equalization Formula – school funding
NASIS – Confidentiality
Concerns
• A BIE First! All schools on one system.
• But schools and parents are concerned about:
– Security of student information
– Conclusions reached about schools when information
is not fully understood
– Information being disseminated without policy or
controls
First Step – Family Educational Rights and Privacy Act
FERPA
What is FERPA
• FERPA is a Federal Law
• Also known as the Buckley Amendment
• Protects the privacy of a student’s
educational records
• Applies to all educational agencies or
institutions that receive funds under any
program administered by the Secretary of
Education
Is All Student Information
Protected?
• There are two types of student
information defined by FERPA
• Directory Information
• Other Educational Records
What is Directory or Public
Information?
• " . . . information contained in an education
record of a student which would not
generally be considered harmful or an
invasion of privacy if disclosed."
Directory Information
•Student’s full name
•Address
•School assigned e-mail address
•Telephone listings
•Date and place of birth
•Degrees and awards received
•Dates of attendance
•Most recent previous school attended
•Classification
•Participation in officially recognized activities - sports
•Weight and height of members of athletic teams
Directory Information can
NEVER include:
•
•
•
•
•
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Social security number or
Student identification number
Race
Ethnicity
Nationality
Gender
Can directory information be
released to anyone who requests
it?
• NO - If the parent or eligible student has
requested that directory information be
withheld, no information can be released
– outside of BIE except as provided by law.
– to anyone within BIE who does NOT have a
need to know.
Can directory information be
released to anyone who requests
it?
• YES - If the parent or eligible student has
NOT requested that directory information
be withheld.
With Holding Directory
Information
• Who has the right to request this information be
with held?
– Parents
– Eligible students (18 or older)
• How will a school know information is to be with
held?
– YEARLY – Notify parent’s or student of their rights
– Inform parents or student of what is included as
directory information
– Provide parents or student an opportunity to opt out of
disclosure of directory information
What does that
mean to Schools ?
• Has the school properly notified parents
and eligible students
• A school cannot disclose directory
information without parents being notified
• This does not keep us from disclosing for
audits, federal reports and other legal or
‘right to know’ circumstances.
• A school must keep records of disclosures
What can not be disclosed?
• Other personally identifiable information
(not directory information)
• Requires specific written permission to
disclose
• Medical records may not be disclosed to a
second party
What are educational records?
• Records -- handwriting, print,
computer, videotape, audiotape, film,
microfilm, microfiche or e-mail – of an
institution that
• Contain information directly related to the
student and
• Are maintained by an agency or institution
or party acting in its behalf.
Education records do not include
(Should not be included in Education Record)
• Records/notes in sole possession of maker not
accessible or revealed to any other person (a
teacher’s notes)
• Medical records (cannot be disclosed)
• Employment records when employment is not
contingent on being a student
• Records created and maintained by a law
enforcement unit used only for that purpose
• Information on a person that was obtained
when no longer a student (i.e., alumni
records)
Personnel at Schools
• You have access to information only for
legitimate use in completion of your
responsibilities as an employee of the
school.
• Access to the NASIS system is to assist
you – not for personal access to
information about a student.
• A record must be kept of information going
from a school to an outside entity.
Why ?
• Maintain consistent information
• Per FERPA, maintain a log of what
information goes to whom and for what
purpose
• Protect student information
• Assure the parent or eligible student that
data the school has about their student (or
self) will not be misused
Is FERPA just for NASIS?
• No
• This federal regulation governs care and
protection of all student data found at the
school.
What Should a School Do?
• Train all staff on FERPA (once a year)
• Maintain documentation of training
• Inform parents and eligible students of their
rights (once a year)
• Keep record of any ‘don’t disclose’ requests
• Honor those requests
• Set up a log for tracking any disclosures of
information
– What
– To whom
– Date
Remember . . .
When in doubt,
don't give it out!