FERPA and You

BySuzanne Brown, Diana Burns,& Kate Wolfe

What is it?

•FERPA–Family Educational Rights and Privacy Act

Federal Law• Passed in 1974• Protects privacy• Omnibus

Education Bill and General Education Provisions Act

Rights Holders

• The right to access their records

• The right to change information in the records

• The right to limit others’ access to those records

Changing Student Records

•Request and refusal•Formal hearing•Statement

School Systems

•Transferring records•Directory Information

Military Information

• National Defense Authorization Act for Fiscal Year 2002

• Schools must provide names, addresses, and phone numbers of secondary students

• Opportunity to opt-out

•Without Consent•School Requirements•Protection of Schools

Non-Education Records

•Notes•Papers

FERPA or HIPAA?

HIPAA• 1996• Health Insurance Portability and

Accountability Act

Conflict

• National Association of School Nurses (NASN): because school health records are maintained by employees, the records are subject to FERPA

• National Committee for Vital and Health Statistics (NCVHS): health records fall under the category of “entities not covered”

• Federal funding? Probably subject to FERPA

School Based Health Centers

• Not governed by FERPA– Administered by HIPAA

covered-entities– Employed by agency

other than a school district

– Engage in certain electronic transactions

Correlations of FERPA and HIPAA

• Same fundamental ethical and legal principles

• School divisions can utilize HIPAA to ensure records meet FERPA and HIPAA standards for transference of information

• Guidelines currently being developed– American School Health Association– NASN– National Association of State School Nurse

Consultants– Etc..

Seeking Clarification?

• Check out the VDOE website to see current VA law statutes

Required Consent

• HIPAA: School-based health centers follow state regulations that allow consent of certain treatments without parental consent

• FERPA: minors do not have the right to consent to their own treatment, according to federal and state law

Implications: Rights of the Schools

Personal Notes

• Jogging the memory• For your eyes only

• Don’t share, or they might become records

You Would Have Known It Anyway

• Jensen v. Reeves– Well-known

incidents

• Frasca v. Andrews– Yearbooks,

newspapers, etc.

Not for Isolated Incidents of Released Information

• Daniel S. v. Board of Education of York Community High School

• Not every piece of information is protected by FERPA

Non-Identifiable Information

• Bowie v. Evanston Community Consolidated School District #65– Portions of record not including FERPA

information (such as names) can be used

•Kryston v. Board of Education, East Ramapo Central School District

•Standardized test scores released under certain circumstances

Defense Attorneys

• Ibata v. Board of Education of Edwardsville Community Unit, School District No. 7– Attorneys can look at student records in

defense of a school system

Can Only Amend Certain Information

• U.S. Department of Education:– Don’t reflect what

grader intended or mathematically incorrect

– Can’t change a disciplinary decision

– Can’t change the opinions of others

Note to Administrators

Familiarize Yourselfand Others

• Know your FERPA• Require your secretaries and

teachers to understand the meaning and rights of the policy

• Hold seminars to explain the policy to parents