Transcript FERPA
An Introduction to FERPA The FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT Revised 7/10/2013 What is FERPA? FERPA is a federal law that protects the privacy interests of parents and students with regard to “education records” Generally, FERPA gives parents the right to inspect and review their children’s education records, request amendment of the records, and have some control over the release of those record. It affects every public elementary and secondary school What are “Education Records”? “Education records” includes: All records Files Documents And other materials such as films, tapes, or photographs …that are directly related to a student and maintained by an educational agency or by a party acting for the agency Examples of “education records” Report Cards Discipline records Surveys and Assessments Health Records Special Education Records Correspondence between the school and other entities Information that the school may maintain about parents What is not an “education record”? records kept in a teacher’s sole possession that are used as a personal memory aid Student graded papers before they are collected and recorded by the teacher Personal observations that are not contained in an education record Release of Education Records FERPA restricts the release of education records that are “personally identifiable” Before releasing any such information, the school must obtain parent permission… unless the student is 18 or over, or unless a legal exception applies Personally Identifiable includes: Student and Parent’s name Address, date of birth, social security number Information that would allow a person in the community to identify the student Information requested by someone who already knows the student’s identity Some education records can be released by redacting personally identifiable information from the record. When to not release records… CPS case records – these are protected by state law Phone calls to check residency status Be careful to not release personally identifiable information when calling an apartment complex to check family residency If you aren’t sure whether to release or not, call the Policies & Procedures Officer at 5548480. When Parent Consent is not required Parent consent is not required when: Released to other school staff who have a “legitimate educational interest” (i.e., a valid reason) to view the records There is a student health or safety emergency To provide “directory information” In response to a subpoena or court order To other schools or legal officials who have a legitimate reason to view the records Directory Information “Directory information” is student records that are not generally considered harmful, and their release is not considered an invasion of privacy What’s included in directory information depends on whether it’s released for school purposes (e.g., a graduation program or campus directory) OR for an outside purpose (e.g., a private company requests student names for marketing purposes) Before releasing any information (even if you think it’s directory information), contact the Policies & Procedures Officer Parent Rights to Release Directory Information School districts must establish a policy and give notice as to the specific types of directory information they intend to disclose Parents retain the right to opt in or out of disclosing directory info (parents fill out a form during registration) Recordkeeping Rules Any time there is a request for a student’s education records (other than by a parent), schools must maintain a record of: Who requested the record? What was the legitimate interest that each party had in obtaining the information? What record was released and when? Administrative Procedure F19 F19 is the administrative procedure that further explains FERPA Forms are provided for: Parent Conference and/or Student Educational Discussion Permission Certificate of Nondisclosure Request for Release of Student Records Important Things to Remember Disclose education records only with parent consent or under one of the exceptions in FERPA “Education records” includes ALL records that contain information on a student and are maintained by a school Document, document, document----keep records of disclosures Call Policies & Procedures if you have questions