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