Teachers and The Law 7 th Chapter 17 Who Controls Student Records? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.
Copyright © Allyn & Bacon 2007 Key Concepts Who Controls Student Records? Buckley Amendment Other Rights Right of Access Legal Enforcement
Copyright © Allyn & Bacon 2007 Chapter 17 Who Controls Student Records? Essential Question In what ways has the Buckley Amendment diminished the abuses in the use of student records since 1974?
Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 17 KEY TERMS- Chapter 17 FERPA – Family Educational Rights and Privacy Act (389) Directory Information (394) Annual Notice (396) Family Policy Compliance Office (398)
Copyright © Allyn & Bacon 2007
Case U.S. v. Miami University
Copyright © Allyn & Bacon 2007 Education Records –directly related to current student. –review any form of records (handwriting, print, computer file etc.). –maintained by “state educational agencies” or by local school districts. –protected student files from outsiders such as consultants or parents. –complied with parental request within 45 days. Right of Access
Copyright © Allyn & Bacon 2007 FERPA releases teacher’s transcript without teacher’s consent. shares directory information. protects identifiable information about students in the press. may require schools – to restrict distribution of student personal information. –to disclose personal information about students without their parent’s permission.
Copyright © Allyn & Bacon 2007 Case Ellis v. Cleveland Municipal School District
Copyright © Allyn & Bacon 2007 Schools can destroy student records. Parents are to be informed of their rights under the Buckley Amendment and have a right to challenge their children’s records. Parents/students may not contest the appropriateness of a grade. –It doesn’t prohibit students from grading each other’s classroom work or assignments. Other Rights
Copyright © Allyn & Bacon 2007 Case Owasso v. Falvo
Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference
Copyright © Allyn & Bacon 2007 Procedures to enforce the Buckley Amendment: –investigate –process –review violations and complaints Impact of Buckley Amendment: –destruction of old records/improvement of new ones –improvement in the quality of students records –clear any misunderstandings, regarding access to student records, right to challenge, right to inspect and review, and the process of sharing information about students who pose a safety concern. Legal Enforcement
Copyright © Allyn & Bacon 2007 Chapter 17 Who Controls Student Records? Reflection In what ways, has the administration improved the accuracy and quality of student records in your school district?