Chapter 7School Law and the Public Schools,

2008Nathan Essex

Liability and Student Records

Public Law 93-380The Family Educational Rights and Privacy Act

(FERPA) protects confidentiality of student records.Rights of Parents: Parents or legal guardians have

the right to inspect their child’s recordRight of Noncustodial Parents: The courts have

maintained that neither parent could be denied access to the child’s records under the Family Educational Rights and Privacy Act.

Rights of Eligible Students: The student may exercise the same rights afforded parents or guardians, if he or she has reached the age of 18 or in enrolled in a postsecondary institution.

Rights of School Personnel: Teachers, counselors, and administrators who have a legitimate educational interest in viewing record may do so. A written form, must be maintained permanently with the file.

ConfidentialitySchool counselors are not required to share

information obtained from students with their parents. Records that remain in the sole possession of counselors are not subject to FERPA. Educational records under FERPA do no include personal files. When circumstances arise in which public disclosure is in the public interest, confidentiality is lost.

Federal and state officials may inspect files without parental consent in order to enforce federal or state laws or to audit or evaluate federal education programs.

Landmark U.S. Supreme Court Rulings

Owasso ISD v. Falvo, 2002, the U.S. Supreme Court ruled that peer grading does not violate FERPA.

Gonzaga University v. John Doe, 2002, the U.S. Supreme Court ruled that student and parent may not sue for damages under 42 U.S.C. 1983 to enforce provisions of the Family Educational Rights and Privacy Act.

Defamation Involving School PersonnelWhen school personnel communicate personal

and sensitive information to another unauthorized person that results in injury to the student’s reputation or standing in the school or that diminishes the respect and esteem to which the student is held, they may faces charges of libel or slander depending on the manner and intent in which such information was communicated.

Slander is oral defamation, when school personnel inadvertently communicate sensitive and damaging information contained in student file to unauthorized individuals.

Defamation Involving School PersonnelLibel is written defamation. Teachers,

counselors and principals should refrain from including damaging information in the student’s record for which there is no basis.

Qualified privilege protects school personnel that provide oral or written information regarding a student, some of which might be contained in the student’s file when the requests are made and the school personnel responds in a truthful and reasonable manner. This privilege is based on the premise that the educator is operating in good faith.

Defamation Involving School PersonnelActs of Malice exists when there is an

clear intent to harm or injure another.

Defenses Against Defamation include privilege, good faith and truth.