FERPA, HIPAA, IDEA & E-Mail

What constitutes a Student Record? Any record, file, document, or other materials that contain information directly related to a student. This does not include records kept in the sole possession of the maker that are not revealed to anyone other than a temporary substitute.

What causes a Student Record to be Confidential? Non-directory, personally identifiable information classifies a student record as confidential.

Who can have access to a Confidential Student Record? Only those individuals who have a “legitimate educational interest” may have access to a confidential record.

How is a “legitimate educational interest” determined? The information is necessary to perform appropriate tasks that are specified in his or her position. The information is to be used within the context of official agency or school business. The information is relevant for making an educational decision about the student. The information is to be used consistently with the purposes for which the data is maintained.

How do I determine who has a “legitimate educational interest?” By obtaining written permission from the student’s parent or guardian prior to disclosure of the record.

What about E-Mail? E-Mail is a record. It is subject to disclosure and must be retained per the record retention schedule for five years. According to the IDEA, a school district shall permit parents to inspect and review any education records that are collected, maintained or used by the division.

E-Mail by nature is not confidential or secure The E-Mail system is owned by the system, which is a public institution. E-mail is considered a public document under the Freedom of Information Act. E-mail may be intercepted either intentionally or unintentionally.

Best Practice Schools can avoid having to maintain and disclose any record if it was never created: that is, educators could relay the same information about a student in a conversation, without creating the document in the first place.

Remember……………… When in doubt, don’t write it Remember……………… When in doubt, don’t write it!! If you write it, be sure to save it!!