Transcript The Family Educational Rights & Privacy Act (FERPA)

The Family
Educational
Rights & Privacy
Act (FERPA) &
other statutes
related to student
information
Provisions of FERPA
Parents have the right to:
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Inspect and review educational records
Seek to amend educational records
Consent to the disclosure of personally
identifiable information from education
records except as specified by law
Legislative History
 Signed
into law by President Ford on Aug.
21, 1974.
 Effective Nov. 19, 1974
 “Buckley Amendment”
 Amended on Dec. 31, 1974 by Senators
Buckley and Pell
 Amended a total of 9 times (USA Patriot
Act of 2001)
Who is covered under FERPA?
 Applies
to any “educational agency or
institution” (public or private) that is the
recipient of federal funds
What Records are Covered?
 “Education
records” defined as:
“Those records, files, documents, and
other materials which contain information
directly related to a student; are maintained
by an educational agency or institution or by a
person acting for such agency or institution.”
Examples:
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Cumulative record folder
Identifying data
Academic work completed
Scores on standardized IQ, aptitude,
psychological and achievement tests
Grades
Interest inventory results
Health data
Family background information
Teacher or counselor ratings and observations
Exclusions
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Records in the sole possession or instructional,
supervisory and administrative personnel
Records maintained by a law enforcement unit of
the educational agency or institution that were
created by the law enforcement unit for the
purpose of law enforcement
Records of employees who are not also in
attendance
Physician, psychiatrist, or psychologist treatment
records for eligible students
Rights of Parents and Eligible
Students
 Right
to Inspect Records
 Right to Challenge the Content of
Education Records
 Right to Consent to the Disclosure of
Education Records
Exceptions to the “Prior Written
Consent” Rule
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Schools may disclose education records without
consent when:
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The disclosure is to school officials who have been
determined to have legitimate educational interests
The student is seeking or intending to enroll in another
school
The disclosure is to state or local educational
authorities auditing or evaluating Federal or State
supported education programs
The disclosure is pursuant to a lawfully issued court
order or subpoena
The information disclosed has been designated as
directory information
Directory Information
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Name, address, telephone listing, e-mail address
Date and place of birth, photographs
Participation in officially recognized activities and sports
Field of study
Weight and height of athletes
Enrollment status
Degrees and awards received
Dates of attendance
Most recent previous school attended
Grade level
 All
FERPA rights transfer from parents to
students who are 18 years of age or who
are attending postsecondary institutions.
What Must Schools Do?
 Schools
must annually notify parents of
student in attendance of their rights under
FERPA
 Means of notification
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Local or student newspaper
Calendar
Student handbooks
Student program guides
Newsletters
 Must
keep a record of access in each
student file indicating who has requested
or obtained access to a student’s
education record.
 Must protect privacy rights of students
and families in connection with any
surveys or data-gathering activities.
Schools are not required to:
 Create
or maintain education records
 Provide parents with calendars, notices or
other information which does not
generally contain information directly
related to the student
 Respond to questions about the student
The Health Insurance Portability
and Accountability Act (HIPPA)
 The
Health Insurance Portability and
Accountability Act of 1996 (HIPAA), Public
Law 104-191, was enacted on August 21,
1996. Sections 261 through 264 of HIPAA
require the Secretary of HHS to publicize
standards for the electronic exchange,
privacy and security of health information.
Who is Covered by the Privacy
Rule?
 Health
plans
 Health care clearinghouses
 Health care provider who transmits health
information in electronic form
 Schools as related to students &
employees
 Businesses as related to their employees
What Information is
Protected?
“Individually identifiable health information”
is information, including demographic data,
that relates to:
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the individual’s past, present or future
physical or mental health or condition,
the provision of health care to the
individual, or
the past, present, or future payment for the
provision of health care to the individual,
Protection of Pupil Rights
Amendment (PPRA)
PPRA is intended to protect the rights of
parents and students in two ways:
1. It seeks to ensure that schools and
contractors make instructional materials
available for inspection by parents if those
materials will be used in connection with
an ED-funded survey, analysis, or
evaluation in which their children
participate; and
2. It seeks to ensure that schools and contractors obtain
written parental consent before minor students are
required to participate in any ED-funded survey, analysis,
or evaluation that reveals information concerning:
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Political affiliations;
Mental and psychological problems potentially
embarrassing to the student and his/her family;
Sex behavior and attitudes;
Illegal, anti-social, self-incriminating and 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; or
Income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program).
No Child Left Behind Act of
2001 (NCLB)
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States must have in place, within 2 years,
procedures to facilitate the transfer of
disciplinary records with respect to a
suspension or expulsion by LEAs to any private
or public elementary or secondary school for
any student who is enrolled or seeks, intends,
or is instructed to enroll in the school
Directory-type information must be provided
to military recruiters who request it
Annual notification of Rights under the
Protections of Pupil Rights Amendment (PPRA)