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:
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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
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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