confidentiality tutorial family education rights and privacy act (ferpa)

Confidentiality TutorialFamily Education Rights and Privacy Act

(FERPA)

The following slides will give you information regarding your responsibilities

under the Family Education Rights and Privacy Act.

Participation in this tutorial is required by all staff.Please review each slide. At the conclusion ofthis tutorial you will be prompted to complete a documentthat states that you reviewed this information.

What is FERPA?• FERPA is the federal legislation that

protects the privacy of student education records.

• The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

What is Confidentiality?• Confidentiality refers to the protection of all

personally identifiable data, information, and records collected, used or kept by the school district about a student.

• Confidentiality requirements also apply to discussions about a student and the student’s records.

What are the parents’ and students’ rights under FERPA?

• FERPA gives parents and eligible students the right to inspect and review the students’ educational records.

• Parents and eligible students have the right to request that a school correct records they believe to be inaccurate or misleading.

• Parents and eligible students have the right to a formal hearing if the district decides not to amend the record.

• In most cases, schools MUST have written permission from the parent or eligible student in order to disclose any information from a student’s educational record.

Who are “eligible students”?• Rights of parents transfer to the student

when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students”.

What is an educational record?• Educational records are broadly defined

as those records, files, documents and other material, which (1) contain information directly related to a student; and (2) are maintained by an educational agency or by a person acting for such an agency.

• Educational records include grades, health information, attendance reports, work papers, test results, etc.

• Data or information may be handwritten, drawn or typed. It may also be a photograph, on audio or videotape, or on computer disk.

What about test protocols?• The Office of Civil Rights determined that

the test protocols used by a psychologist to prepare a report are educational records and must be produced to the parents.

• Students’ answer sheets fall within the definition of educational records that a parent has the right to inspect and review.

Who may look at a student’s school records?

• Only parents and certain others have the rights to look at or obtain a copy of a student’s records without parental consent. Others include:– School staff on a need basis– Department of Education– Another school district

when a student transfers

What is not an educational record?• Records that are kept in the sole

possession of the maker and used only as a personal memory aid and not shared with others.

• Mind-Jogger Files

Which parent has access to records if they are divorced?

• Both parents have full rights under FERPA unless the school is provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.

How is parent defined?• “Parent” means a parent of a student and

includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

Can records ever be released without parent consent?

• YES. An educational agency may disclose personally identifiable information from an education record of a student without the consent if the disclosure meets one or more of the following conditions:

Disclosure

• The disclosure is to other school officials, including teachers, within the agency who are determined to have legitimate educational interests.

• The disclosure is to officials of another school, school system or institution of postsecondary education where the student seeks or intends to enroll.

Disclosure

• The disclosure is to an authorized representative of:– The Controller General of the United States– The Attorney General of the United States– The Secretary of State and local authorities.

Disclosure

• The disclosure is in connection with financial aid for which the student has applied or which the student has received if the information is necessary to:– Determine eligibility for aid– Determine amount of aid– Determine conditions of aid– Enforce terms of aid

• The disclosure is to the state or local officials such as the juvenile justice system to effectively serve the student.

• The disclosure is to comply with a judicial order or lawfully issued subpoena.

• The disclosure is in connection with a health or safety emergency.

• The disclosure is information designated as “directory information”.

Directory Information• An educational agency may disclose

directory information allowing public notice of its intent.

• Parents have the right to refuse to let the agency release directory information of a student, but must notify the district in writing.

Directory Information• Student’s name• Address• Telephone number• Date and place of birth• Dates of attendance• Honors and awards• Weight and height of

members of athletic teams.

Confidentiality QuestionsPlease read the following questions and answer “true” or “false”. This is to test your

understanding of confidentiality as presented in this tutorial. Once you have

completed the questions please follow the directions on the

final slide.

Question 1

• School Districts must amend student records at the request of a parent.

True False

Question 1

• False- Parents and eligible students have the right to a formal hearing if the district decides not to amend the records

Question 2• A secondary teacher has refused to let a

parent examine a test answer sheet used by his/her child under the grounds of test security. The teacher has the right to refuse the parent’s request under FERPA.

True False

Question 2

• False- Student answer sheets fall within the definition of educational records that a parent has the right to inspect and review.

Question 3• Mrs. Doe has delivered a certified letter to

the building principal stating that information about her son is not permitted to be given to her husband with whom she recently separated. The principal was correct to deny her request under FERPA.

True False

Question 3

• True- Unless there is a legally binding document such as a court order, revoking the rights of a parent to have access to records, school districts are required to provide both parents access to records.

Question 4

• A cyber school has requested the records of a student who is enrolling in the school. The principal cannot release the records of the student without obtaining written consent from the parent.

True False

Question 4

• False- School district officials are required to disclose student records to the school where the student is intending to register. No parental consent is needed.

Question 5• A teacher aide informed her neighbor of

an incident at school where a student was suspended due to a fight in the cafeteria. The aide did not violate confidentiality because she did not share a written record.

True False

Question 5

• False- Confidentially also applies to conversations regarding a student.

Question 6• The athletic director provided the weight

and height of the members of the wrestling team to those officiating the matches. The athletic director should have received written permission from the parent before doing this.

True False

Question 6

• False- Directory information such as weight and height of a member of an athletic team may be provided without prior written parental consent unless the parent has notified the district in writing that this may not occur.

Question 7• A parent has requested that a teacher turn

over all documentation the teacher has compiled regarding the parent’s child. The teacher does not have to disclose his/her personal notes about the student that have not been shared with school personnel.

True False

Question7

• True-Teachers or counselors personal notes that serve as a memory aid are not considered educational records.

Question 8• Mr. Jones writes a note to remind himself

that one of his students was acting strangely in class, slurring his speech, and moving about in a clumsy manner. He shares the note with the guidance counselor. His note is not considered an educational record.

True False

Question 8• False- Since Mr. Jones shared the note

with another staff member as a means of sharing the information, the note now is considered a confidential note rather than a personal note. This note can now be subpoenaed as an educational record.

Thank You!!• Please do not forget to verify that you

viewed this presentation and understand all of its contents.

• Thank you for doing your part to support the ongoing Professional Development at South Park School District.