Transcript Slide 1

Confidentiality Tutorial
Family Education Rights and Privacy Act
(FERPA)
The following slides will give you
information regarding your responsibilities
under the Family Education Rights and Privacy Act.
Participation in this tutorial is required by all staff.
Please review each slide. At the conclusion of
this tutorial you will be prompted to complete a document
that states that you reviewed this information.
What is FERPA?
• FERPA is the federal legislation that
protects the privacy of student education
records.
• The law applies to all schools that receive
funds under an applicable program of the
U.S. Department of Education.
What is Confidentiality?
• Confidentiality refers to the protection of all
personally identifiable data, information,
and records collected, used or kept by the
school district about a student.
• Confidentiality requirements also apply to
discussions about a student and the
student’s records.
What are the parents’ and students’
rights under FERPA?
• FERPA gives parents and eligible students
the right to inspect and review the
students’ educational records.
• Parents and eligible students have the
right to request that a school correct
records they believe to be
inaccurate or misleading.
• Parents and eligible students have the
right to a formal hearing if the district
decides not to amend the record.
• In most cases, schools MUST have written
permission from the parent or eligible
student in order to disclose any
information from a student’s
educational record.
Who are “eligible students”?
• Rights of parents transfer to the student
when he or she reaches the age of 18 or
attends a school beyond the high school
level. Students to whom the rights have
transferred are “eligible students”.
What is an educational record?
• Educational records are broadly defined
as those records, files, documents and
other material, which (1) contain
information directly related to a student;
and (2) are maintained by an educational
agency or by a person acting for such an
agency.
• Educational records include grades, health
information, attendance reports, work
papers, test results, etc.
• Data or information may be handwritten,
drawn or typed. It may also be a
photograph, on audio or videotape, or on
computer disk.
What about test protocols?
• The Office of Civil Rights determined that
the test protocols used by a psychologist
to prepare a report are educational
records and must be produced to the
parents.
• Students’ answer sheets fall within the
definition of educational
records that a parent has
the right to inspect and
review.
Who may look at a student’s school
records?
• Only parents and certain others have the
rights to look at or obtain a copy of a
student’s records without parental
consent. Others include:
– School staff on a need basis
– Department of Education
– Another school district
when a student transfers
What is not an educational record?
• Records that are kept in the sole
possession of the maker and used only as
a personal memory aid and not shared
with others.
• Mind-Jogger Files
Which parent has access to
records if they are divorced?
• Both parents have full rights under FERPA
unless the school is provided with
evidence that there is a court order, state
statute, or legally binding document
relating to such matters as divorce,
separation, or custody that
specifically revokes these
rights.
How is parent defined?
• “Parent” means a parent of a student and
includes a natural parent, a guardian, or
an individual acting as a parent in the
absence of a parent or guardian.
Can records ever be released
without parent consent?
• YES. An educational agency may disclose
personally identifiable information from an
education record of a student without the
consent if the disclosure meets one or
more of the following conditions:
Disclosure
• The disclosure is to other school officials,
including teachers, within the agency who
are determined to have legitimate
educational interests.
• The disclosure is to officials of another
school, school system or institution of
postsecondary education
where the student seeks
or intends to enroll.
Disclosure
• The disclosure is to an authorized
representative of:
– The Controller General of the United States
– The Attorney General of the United States
– The Secretary of State and local authorities.
Disclosure
• The disclosure is in connection with
financial aid for which the student has
applied or which the student has received
if the information is necessary to:
– Determine eligibility for aid
– Determine amount of aid
– Determine conditions of aid
– Enforce terms of aid
• The disclosure is to the state or local officials
such as the juvenile justice system to effectively
serve the student.
• The disclosure is to comply with a judicial order
or lawfully issued subpoena.
• The disclosure is in connection with a health or
safety emergency.
• The disclosure is
information designated
as “directory information”.
Directory Information
• An educational agency may disclose
directory information allowing public notice
of its intent.
• Parents have the right to refuse to let the
agency release directory information of a
student, but must notify the
district in writing.
Directory Information
•
•
•
•
•
•
•
Student’s name
Address
Telephone number
Date and place of birth
Dates of attendance
Honors and awards
Weight and height of
members of athletic teams.
Confidentiality Questions
Please read the following questions and
answer “true” or “false”. This is to test your
understanding of confidentiality as
presented in this tutorial. Once you have
completed the questions please follow the
directions on the
final slide.
Question 1
• School Districts must amend student
records at the request of a parent.
True
False
Question 1
• False- Parents and eligible students have
the right to a formal hearing if the district
decides not to amend the records
Question 2
• A secondary teacher has refused to let a
parent examine a test answer sheet used
by his/her child under the grounds of test
security. The teacher has the right to
refuse the parent’s request under FERPA.
True
False
Question 2
• False- Student answer sheets fall within
the definition of educational records that a
parent has the right to inspect and review.
Question 3
• Mrs. Doe has delivered a certified letter to
the building principal stating that
information about her son is not permitted
to be given to her husband with whom she
recently separated. The principal was
correct to deny her request under FERPA.
True
False
Question 3
• True- Unless there is a legally binding
document such as a court order, revoking
the rights of a parent to have access to
records, school districts are required to
provide both parents access to records.
Question 4
• A cyber school has requested the records
of a student who is enrolling in the school.
The principal cannot release the records of
the student without obtaining written
consent from the parent.
True
False
Question 4
• False- School district officials are required
to disclose student records to the school
where the student is intending to register.
No parental consent is needed.
Question 5
• A teacher aide informed her neighbor of an
incident at school where a student was
suspended due to a fight in the cafeteria.
The aide did not violate confidentiality
because she did not share a written
record.
True
False
Question 5
• False- Confidentially also applies to
conversations regarding a student.
Question 6
• The athletic director provided the weight
and height of the members of the wrestling
team to those officiating the matches. The
athletic director should have received
written permission from the parent before
doing this.
True
False
Question 6
• False- Directory information such as
weight and height of a member of an
athletic team may be provided without
prior written parental consent unless the
parent has notified the district in writing
that this may not occur.
Question 7
• A parent has requested that a teacher turn
over all documentation the teacher has
compiled regarding the parent’s child. The
teacher does not have to disclose his/her
personal notes about the student that have
not been shared with school personnel.
True
False
Question7
• True-Teachers or counselors personal
notes that serve as a memory aid are not
considered educational records.
Question 8
• Mr. Jones writes a note to remind himself
that one of his students was acting
strangely in class, slurring his speech, and
moving about in a clumsy manner. He
shares the note with the guidance
counselor. His note is not considered an
educational record.
True
False
Question 8
• False- Since Mr. Jones shared the note
with another staff member as a means of
sharing the information, the note now is
considered a confidential note rather than
a personal note. This note can now be
subpoenaed as an educational record.
Thank You!!
• Please do not forget to verify that you
viewed this presentation and understand
all of its contents.
• Thank you for doing your part to support
the ongoing Professional Development at
South Park School District.