FERPA

Dee CrowleyTammy Savage

EDL 725Dr. Rick Geisel

What is FERPA?• A federal law that protects the

privacy of student education records.

• Also known as the Buckley Amendment.

• FERPA deals with:• Access to education

records• Parental rights to inspect

and review records• Amendment of Records• Destruction of Records

Purpose of FERPAThe Family Education Rights and Privacy Act

of 1974 (FERPA)• Ensures that parents have access to

their children’s educational records• Protects the privacy rights of parents

and children by limiting access to these records without parent consent.

Who does FERPA apply to?

FERPA applies to all agencies and institutions (schools, colleges) that receive federal funds.

Release of Records & Rules for Disclosure

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

Disclosure Exceptions:• School officials with legitimate

educational interest;• Schools to which a student is

transferring;• Specified officials for audit or

evaluation purposes;• Appropriate parties in connection

with financial aid to student;• Organizations conducting certain

studies for or on behalf of the school;

• Accrediting organizations;• Comply with judicial order or

lawfully-issued subpoena;• Appropriate officials in cases of

health and safety emergencies; • State and local authorities, within

a juvenile justice system, pursuant to specific State law.

Educational RecordsDirectory Information:• Can be disclosed without the

written consent of the student• Release can be restricted with

formal request.• Annual notice in student

handbook.• Examples:

• Name• Address• Phone/Email• Dates of attendance• Degree(s)awarded• Enrollment status• Major field of study

Non-directory Information:• Cannot be released to anyone

without prior written consent of student/parent.

• Faculty and staff can access with legitimate academic need.• Examples:

• Social Security number• Student ID number• Transcript• Gender• Race

Personal Record Kept by a School Staff Member

Educators keep certain records without providing access to parents as long as • made as a personal memory aid • In the personal possession of the individual who

made it• Information will never be revealed or made available

to any other person

What is a Student Educational Record?

Just about any information about a student for use in the educational process is considered a student educational record:

• Personal information• Enrollment records• Grades• Schedules

Landmark Cases

Gonzaga University v. Doe (2002)• Court noted that individuals cannot sue for damages

for FERPA violations. The Court decided that punishment for violations should be the denial of federal funds to schools that demonstrate noncompliance with privacy laws.

Owasso Independent School District v. Falvo (2002)• Decision upheld the constitutionality of peer grading.

Actions did not violate FERPA because student records were not being maintained by the peer graders.

During the 1996-97 school year, McGilvray had a one-year term contract with BISD teaching physical education to 4 th, 5 th, and 6 th grade students.   In October 1996, a Wise County juvenile probation officer was scheduled to present a program entitled “Choices” to the 6 th grade class.   In anticipation of the officer's visit, McGilvray prepared a list of the names of forty-two 6 th grade students who McGilvray believed had “attitude” problems.   On the list, McGilvray made a general notation that these students were “thoughtless, disrespect[ful], rude, selfish and uncaring.”On October 9, McGilvray gave the list to a fellow teacher with instructions to deliver it to the officer before his first presentation that morning.   The teacher, Melody Richardson, unfolded the list and felt immediately nauseated upon reading it.   Richardson showed the list to a teacher's aide and asked what she thought Richardson should do with it.   The teacher's aide made a copy of the list, and Richardson gave the list to the principal.   The principal put the list in a drawer and did not deliver it to the officer.The copy of the list made by the teacher's aide soon made it into the small Boyd community and became common knowledge throughout the town.   By 8 a.m. the following morning, a group of angry parents were at the superintendent's office complaining about the list and demanding that McGilvray be fired.   Within days, the district received dozens of letters from parents demanding that McGilvray's contract be terminated or that their children not be in class with her.On November 19, 1996, BISD Superintendent Larry Enis notified McGilvray that her term contract had been proposed for termination for good cause.   As grounds, Enis listed violation of BISD students' rights to privacy, violation of district policy concerning confidential student information, and violations of the Family Education Rights and Privacy Act (FERPA).   McGilvray was also informed that in light of recent events, she could no longer be effective as a teacher within the Boyd school system.

Example of FERPA Violation:McGilvray v. Moses (1999)

Some Basic RulesRule One:

• Student educational records are considered confidential and may not be released without the written consent of the student/parent.

Rule Two:• As a faculty or staff member, you have a personal

responsibility to protect educational records in your possession.

Rule Three:• You have access to information only for legitimate use

in completion of your responsibilities as an instructor. Need to know is the basic principle.

Resources

• Family Educational Rights and Privacy Act (FERPA), Retrieved July 20, 2011, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

• Kritsonis, William Allan PhD. PowerPoint presentation, Retrieved July 20, 2011, from http://www.slideshare.net/Will1945/ferpa-ppt McGilvray v. Moses, Texas Court of Appeals No. 2-99-092-CV, decided December 16, 1999, Retrieved July 20, 2011, from http://caselaw.findlaw.com/tx-court-of-appeals/1384100.html