FERPAFERPA

The Family Educational The Family Educational Rights and Privacy Act?Rights and Privacy Act?

What is the Family Educational What is the Family Educational Rights and Privacy Act?Rights and Privacy Act?

The Family Educational Rights and The Family Educational Rights and Privacy Act (FERPA) is a Federal law that Privacy Act (FERPA) is a Federal law that protects the privacy of student education protects the privacy of student education records.records.

FERPA gives parents certain rights with FERPA gives parents certain rights with

respect to their children’s education respect to their children’s education records. These rights transfer to the records. These rights transfer to the student when he or she reaches the age student when he or she reaches the age of 18 or attends a school beyond the high of 18 or attends a school beyond the high school level. school level.

The Right To Inspect RecordsThe Right To Inspect Records

Parents or eligible students have the Parents or eligible students have the right to inspect and review the right to inspect and review the student’s education records student’s education records maintained by the school. maintained by the school.

The Right To Correct RecordsThe Right To Correct Records Records that a parent or qualified student

considers inaccurate or misleading may be changed by mutual consent.

If the parties involved cannot agree, an adversarial hearing process is available.

After the hearing, if the school still decides not to amend the record, the parent has the right to place a statement with the record setting forth his or her view about the contested information.

The Release of Records and The Release of Records and Rules for DisclosureRules for Disclosure

schools must have written permission schools must have written permission from the parent or eligible student in from the parent or eligible student in order to release any information from order to release any information from a student’s education record a student’s education record

Release of Records and Release of Records and Disclosure ExceptionsDisclosure Exceptions

School officials with legitimate School officials with legitimate educational interest;educational interest;

Schools to which a student is Schools to which a student is transferring;transferring;

Specified officials for audit or Specified officials for audit or evaluation purposes;evaluation purposes;

Appropriate parties in connection with Appropriate parties in connection with financial aid to a student;financial aid to a student;

Organizations conducting certain Organizations conducting certain studies for or on behalf of the school;studies for or on behalf of the school;

Release of Records and Release of Records and Disclosure ExceptionsDisclosure Exceptions

Accrediting organizations;Accrediting organizations;

To comply with a judicial order or To comply with a judicial order or lawfully issued subpoena;lawfully issued subpoena;

Appropriate officials in cases of Appropriate officials in cases of health and safety emergencies; andhealth and safety emergencies; and

State and local authorities, within a State and local authorities, within a juvenile justice system, pursuant to juvenile justice system, pursuant to specific State law.specific State law.

Personal Record Kept By A Personal Record Kept By A School Staff MemberSchool Staff Member

Educators keep certain records Educators keep certain records without providing access to parents as without providing access to parents as long aslong as

made as a personal memory aid made as a personal memory aid

in the personal possession of the in the personal possession of the individual who made it individual who made it

Information will Information will never be never be revealed or revealed or made available to any other personmade available to any other person

Student Directory InformationStudent Directory Information

““Directory Information” consists of Directory Information” consists of information necessary to publish information necessary to publish such things as honor rolls, athletic such things as honor rolls, athletic programs, or conduct awards programs, or conduct awards assemblies, etc. assemblies, etc.

It does It does not include a student’s school not include a student’s school records or addressrecords or address, , phone numberphone number. .

Student Directory InformationStudent Directory Information

Schools may disclose, without consent, Schools may disclose, without consent, “directory” information such as a student’s “directory” information such as a student’s name, address, telephone number, date and name, address, telephone number, date and place of birth, honors and awards, and dates of place of birth, honors and awards, and dates of attendance. attendance.

However, schools must tell parents and eligible However, schools must tell parents and eligible students about directory information and allow students about directory information and allow parents and eligible students a reasonable parents and eligible students a reasonable amount of time to request that the school not amount of time to request that the school not disclose directory information about them. disclose directory information about them.

Student Directory InformationStudent Directory Information

Schools must notify parents and Schools must notify parents and eligible students annually of their eligible students annually of their rights under FERPA. The actual rights under FERPA. The actual means of notification (special letter, means of notification (special letter, inclusion in a PTA bulletin, student inclusion in a PTA bulletin, student handbook, or newspaper article) is handbook, or newspaper article) is left to the discretion of each school.left to the discretion of each school.

Can I use social security numbers to Can I use social security numbers to identify or match education records?identify or match education records?

Yes, you may use social security Yes, you may use social security numbers if your state has no numbers if your state has no prohibition against using them.prohibition against using them.

However, you may not require However, you may not require students to provide them. It is students to provide them. It is important for you to inform students important for you to inform students or parents if agencies or schools or parents if agencies or schools intend to use these numbers.intend to use these numbers.

WHAT IS A STUDENT WHAT IS A STUDENT EDUCATIONAL RECORD?EDUCATIONAL RECORD?

just about any information about a just about any information about a student for use in the educational student for use in the educational process is considered a student process is considered a student educational recordeducational record

personal informationpersonal information enrollment recordsenrollment records GradesGrades schedulesschedules

WHAT ARE THE BASIC RULESWHAT ARE THE BASIC RULES

RULE ONE:RULE ONE: Student educational records are

considered confidential and may not be released without the written consent of the student

WHAT ARE THE BASIC RULESWHAT ARE THE BASIC RULES

RULE TWO:RULE TWO: As a faculty or staff member you

have a responsibility to protect educational records in your possession

WHAT ARE THE BASIC RULESWHAT ARE THE BASIC RULES

RULE THREE:RULE THREE: You have access to information only

for legitimate use in completion of your responsibilities as a instructor.  Need to know is the basic principle.

CONFCONFIDENTIALITYIDENTIALITY

CControl information about students.. OOnly share information with those who

have a need to know and who have proper authorization.

NNever discuss school information about students while attending social events.

FFollow guidelines if you are approached for confidential information.

CONFCONFIDEIDENTIALITYNTIALITY IInteract with those who inquire in a nteract with those who inquire in a

manner in keeping with your manner in keeping with your responsibilities.responsibilities.

DDon’t discuss student situations in on’t discuss student situations in the lounge with staff that have a the lounge with staff that have a need to know.need to know.

EExplanations for not discussing a xplanations for not discussing a student are easier than explanations student are easier than explanations for inappropriately divulging for inappropriately divulging confidential information.confidential information.

CONFIDECONFIDENTIANTIALITYLITY

NNot sharing is caring..

TThink about privacy.

IIt’s important that things which happen at school stay at school.

AAppropriate information exchanges carries with it responsibility.

CONFIDENTIACONFIDENTIALITYLITY LLearn how to handle uncomfortable

inquiries in a positive and courteous, but confidential way.

IIdentify acceptable ways that necessary people can access information.

TTreat confidential information as if your job depends on it …… it may.

YYou are a part of positive public relations for your school. Confidentiality is a cornerstone.