Practical Applications of Law Scenario Norminicka Clare Barry University

Scenario #16 : Create a scenario whose main focus is the parent/student handbook. Determine compliance with Florida statutes governing parents' rights and responsibilities and/or students' rights and privacy to access student educational records (e.g.deny,release, challenge content).  You are a first year reading teacher at Bush Middle in Miami, Florida. The FCAT scores were just released and your students are all anxious to know their scores. You have had little to no time to review the scores for each individual student yourself so, you inform your students that until you have looked over the data yourself you will not be distributing or giving out any information. One of your honor students’ John is furious and goes home and tells his parents. The next morning you receive a phone call from a woman claiming to be John’s mom demanding that you give her John’s FCAT score instantly over the phone -What should You do ? -should you give John’s “mom” his score ?

According to……………………………  Family Educational Rights and Privacy Act (FERPA) : any educational institution or acting body of an educational institution is not allowed to release any student educational record without the consent of a parent or that student if he or she is over the age of 18  Miami Dade County Public schools parent/student handbook : CONFIDENTIAL INFORMATION – BOARD POLICY 2416 AND 8330 Parents, guardians, and students are protected by The Family Educational Rights and Privacy Act (FERPA) and Florida Statutes from individuals’ access to information in students’ educational records without prior consent of the parent, guardian, or student and they have the right to challenge the accuracy of these records. A student's records may not be released, except in accordance with the provisions listed in Title 20 of the United States Code 1232g. The laws provide certain exceptions to the prior consent requirement of the release of student records, which include, but are not limited to, school officials with a legitimate educational interest and lawfully issued subpoenas and court orders. Each school must provide to the parents, guardians, or eligible students annual notice in writing of their right to inspect and review student records. Once a student reaches 18 years of age or is attending an institution of post-secondary education, the consent is required from the student only, unless the student qualifies as a dependent under the law.

What is FERPA? Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR ; a Federal law that affords parents and students the right to :  have access to their/their child's educational records  seek to have the records amended  consent to the disclosure of personally identifiable information from educational records except, as provided by law

Who Adheres to FERPA? The law applies to all (elementary, secondary &post secondary ) schools that receive funds under an applicable program of the U.S. Department of Education.

Landmark Case OWASSO INDEPENDENT SCHOOL DIST. NO. I—011V. FALVO ( ) 534 U.S. 426 (2002) 233 F.3d 1203  Falvo was concerned that her children were embarrassed by the process of peer‐grading and she believed that the practice violated student privacy rights protected under FERPA.  Falvo argued that grades were educational records covered under FERPA, while the school argued that FERPA only covered information that would be maintained in a students 'permanent file;  The Court ruled unanimously for the school district.

Relative Amendments The Tenth Amendment states that all powers not given to the federal government by the Constitution remain with the states and the people. Though Congress can use its spending power to encourage certain policies (as in the case of FERPA which set requirements for schools to receive federal funding), it may not simply ban certain practices in classrooms. For the national government to take on this power would break the boundaries between national and state power, and limit school districts’ and individual teachers’ rights to choose the instructional practices they believe work best with their students

Relative Florida Statutes Education records and reports of K-12 students; rights of parents and students; notification; penalty. RIGHTS OF STUDENTS AND PARENTS.—The rights of students and their parents with respect to education records created, maintained, or used by public educational institutions and agencies shall be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, the implementing regulations issued pursuant thereto, and this section. In order to maintain the eligibility of public educational institutions and agencies to receive federal funds and participate in federal programs, the State Board of Education shall comply with the FERPA after the board has evaluated and determined that the FERPA is consistent with the following principles :(a) Students and their parents shall have the right to access their education records, including the right to inspect and review those records. (b) Students and their parents shall have the right to waive their access to their education records in certain circumstances. (c) Students and their parents shall have the right to challenge the content of education records in order to ensure that the records are not inaccurate, misleading, or otherwise a violation of privacy or other rights. (d) Students and their parents shall have the right of privacy with respect to such records and reports. (e) Students and their parents shall receive notice of their rights with respect to education records. PENALTY.—If any official or employee of an institution refuses to comply with this section, the aggrieved parent or student has an immediate right to bring an action in circuit court to enforce his or her rights by injunction. Any aggrieved parent or student who brings such action and whose rights are vindicated may be awarded attorney’s fees and court costs.

Evaluative Instrument 1.Who adheres to FERPA? 2.Discuss whether you agree/disagree with FERPA and explain why. 3.Create a mini skit that violates FERPA. 4. Mrs. James calls Dr. Thompson, her son Devon’s American History teacher, about the grade Devon received on his midterm paper. Tell whether or not Dr. Thompson can discuss with Mrs. James why he gave Devon a failing grade.

References  Family Educational Rights and Privacy Act (FERPA). (2014). Retrieved from US Education:  Florida Statutes. (2014).Retrieved from Official Florida Legislative :  Owasso Independent School District v. Falvo, 534 U.S. 426 (U.S Supreme Court 2002).