* us department of education, 2010 ferpa family education rights and privacy act oh, and hipaa, too

* US Department of Education, 2010

FERPAFERPAFamily Education Rights and Family Education Rights and

Privacy ActPrivacy Actoh, and HIPAA, too.oh, and HIPAA, too.


Covers three major areas in Covers three major areas in education…education…

Access to Education RecordsAccess to Education Records

Amending Education RecordsAmending Education Records

Disclosure/release of Education recordsDisclosure/release of Education records

FERPA policy must be given annually to students and FERPA policy must be given annually to students and parents. parents.

This may be done in school newspapers, calendars, rule This may be done in school newspapers, calendars, rule handbooks, etc and does not have to be given handbooks, etc and does not have to be given individually.individually.


Education Record refers toEducation Record refers to Identifying data Level of achievement

(grades, standardized achievement test scores)

Attendance data Scores on standardized

intelligence, aptitude and psychological tests

Interest inventory results Health and medical

information Family background

information Teacher or counselor

ratings and observations Academic work

completed

Reports of serious or recurrent behavior patterns

IEPS

**”Personal notes by teachers or other staff, kept in the sole possession of the maker, used only as memory aid, and not accessible or revealed to any other person except a temporary substitute are not considered part of the education record.”


Access to RecordsAccess to Records

Schools are required to:Schools are required to: Provide parents and Provide parents and

students with an opportunity students with an opportunity to look over their records (45 to look over their records (45 days to comply with request)days to comply with request)

Protects names (etc) of other Protects names (etc) of other minors in others’ files.minors in others’ files.

Provide a student with a Provide a student with a copy of their records should copy of their records should they request it if distance is they request it if distance is an issue.an issue.

Keep records of who, other Keep records of who, other than courts, is accessing the than courts, is accessing the records.records.

Not Required to:Not Required to: Create or maintain recordsCreate or maintain records Answer questions about Answer questions about

the studentthe student Provide other information Provide other information

that does not pertain that does not pertain directly to the studentdirectly to the student


Amending Education RecordsAmending Education RecordsSchools are Required to:Schools are Required to: Consider a request made by Consider a request made by

the student or parent to the student or parent to change or amend change or amend misleading/ wrong misleading/ wrong information in the information in the educational recordseducational records

Offer a hearing if it is Offer a hearing if it is decided not to change the decided not to change the records after their requestrecords after their request

Offer an opportunity to place Offer an opportunity to place a written statement a written statement regarding those records that regarding those records that were not changed were not changed

(Schools should have a policy (Schools should have a policy on this procedure.)on this procedure.)

Not Required to:Not Required to: Not required to consider Not required to consider

requests to change a requests to change a grade or disciplinary grade or disciplinary historyhistory

Not required to consider Not required to consider requests to change requests to change opinions, or personal opinions, or personal opinions of school officialsopinions of school officials


Disclosure of RecordsDisclosure of Records

Schools are required to:Schools are required to: Obtain student/parent Obtain student/parent

permission to release permission to release recordsrecords

Get that permission in Get that permission in signed, dated form signed, dated form with stated purpose of with stated purpose of disclosuredisclosure


Exceptions…Exceptions… To district school officials with To district school officials with legitimate legitimate

educational interesteducational interest To an institution the student is attempting To an institution the student is attempting

to enroll into enroll in To a state or local educational agency To a state or local educational agency

looking to audit, etclooking to audit, etc To a legal guardian who claims the minor To a legal guardian who claims the minor

as a dependent on taxes or is a biological as a dependent on taxes or is a biological parent unless rights have been terminated.parent unless rights have been terminated.

When required by subpoena (must inform When required by subpoena (must inform the parents first)the parents first)

After appropriately designated, as directory After appropriately designated, as directory informationinformation


HIPAAHIPAA

HIPAA: Heath Insurance Portability HIPAA: Heath Insurance Portability and Accountability Act of 1996and Accountability Act of 1996

Generally speaking, HIPAA does not Generally speaking, HIPAA does not pertain to elementary or secondary pertain to elementary or secondary schools.schools.

School health records, if recorded ever, School health records, if recorded ever, are covered under FERPA- Educational are covered under FERPA- Educational Records and must be protected as Records and must be protected as such.such.

What would you do?What would you do? A student has been living with her aunt for A student has been living with her aunt for

the last year. Does the aunt need written the last year. Does the aunt need written permission to see her niece's records?permission to see her niece's records?

A parent complains that a teacher has A parent complains that a teacher has posted grades in a classroom? Does the posted grades in a classroom? Does the teacher have the right to do so?teacher have the right to do so?

A teacher lets students grade another A teacher lets students grade another student’s papers. Is this a violation of student’s papers. Is this a violation of FERPA?FERPA?


What would you do?What would you do? A parent is concerned about his son and A parent is concerned about his son and

wants a counselor to turn over all wants a counselor to turn over all documentation on a student. Does the documentation on a student. Does the counselor have to turn over this information?counselor have to turn over this information?

A parent wants to see the file regarding an A parent wants to see the file regarding an incident where six incident where six minorminor students were students were suspended for bullying her son. suspended for bullying her son.

The parent of a college student wants to The parent of a college student wants to know if his daughter’s was caught drinking in know if his daughter’s was caught drinking in the dorms. She is underage. the dorms. She is underage.


* us department of education, 2010 ferpa family education rights and privacy act oh, and hipaa, too

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