* US Department of Education, 2010 FERPA Family Education Rights and Privacy Act oh, and HIPAA, too.

* US Department of Education, 2010 Covers three major areas in education… Access to Education Records Access to Education Records Amending Education Records Amending Education Records Disclosure/release of Education records Disclosure/release of Education records FERPA policy must be given annually to students and parents. This may be done in school newspapers, calendars, rule handbooks, etc and does not have to be given individually.

* US Department of Education, 2010 Education Record refers to Identifying data Level of achievement (grades, standardized achievement test scores) Attendance data Scores on standardized intelligence, aptitude and psychological tests Interest inventory results Health and medical information Family background information Teacher or counselor ratings and observations Academic work completed Reports of serious or recurrent behavior patterns IEPS **”Personal notes by teachers or other staff, kept in the sole possession of the maker, used only as memory aid, and not accessible or revealed to any other person except a temporary substitute are not considered part of the education record.”

* US Department of Education, 2010 Access to Records Schools are required to: Provide parents and students with an opportunity to look over their records (45 days to comply with request) Provide parents and students with an opportunity to look over their records (45 days to comply with request) Protects names (etc) of other minors in others’ files. Protects names (etc) of other minors in others’ files. Provide a student with a copy of their records should they request it if distance is an issue. Provide a student with a copy of their records should they request it if distance is an issue. Keep records of who, other than courts, is accessing the records. Keep records of who, other than courts, is accessing the records. Not Required to: Create or maintain records Answer questions about the student Provide other information that does not pertain directly to the student

* US Department of Education, 2010 Amending Education Records Schools are Required to: Consider a request made by the student or parent to change or amend misleading/ wrong information in the educational records Consider a request made by the student or parent to change or amend misleading/ wrong information in the educational records Offer a hearing if it is decided not to change the records after their request Offer a hearing if it is decided not to change the records after their request Offer an opportunity to place a written statement regarding those records that were not changed Offer an opportunity to place a written statement regarding those records that were not changed (Schools should have a policy on this procedure.) Not Required to: Not required to consider requests to change a grade or disciplinary history Not required to consider requests to change opinions, or personal opinions of school officials

* US Department of Education, 2010 Disclosure of Records Schools are required to: Obtain student/parent permission to release records Obtain student/parent permission to release records Get that permission in signed, dated form with stated purpose of disclosure Get that permission in signed, dated form with stated purpose of disclosure

* US Department of Education, 2010 Exceptions… To district school officials with legitimate educational interest To district school officials with legitimate educational interest To an institution the student is attempting to enroll in To an institution the student is attempting to enroll in To a state or local educational agency looking to audit, etc To a state or local educational agency looking to audit, etc To a legal guardian who claims the minor as a dependent on taxes or is a biological parent unless rights have been terminated. To a legal guardian who claims the minor as a dependent on taxes or is a biological parent unless rights have been terminated. When required by subpoena (must inform the parents first) When required by subpoena (must inform the parents first) After appropriately designated, as directory information After appropriately designated, as directory information

* US Department of Education, 2010 HIPAA HIPAA: Heath Insurance Portability and Accountability Act of 1996 Generally speaking, HIPAA does not pertain to elementary or secondary schools. Generally speaking, HIPAA does not pertain to elementary or secondary schools. School health records, if recorded ever, are covered under FERPA- Educational Records and must be protected as such. School health records, if recorded ever, are covered under FERPA- Educational Records and must be protected as such.

What would you do? A student has been living with her aunt for the last year. Does the aunt need written permission to see her niece's records? A student has been living with her aunt for the last year. Does the aunt need written permission to see her niece's records? A parent complains that a teacher has posted grades in a classroom? Does the teacher have the right to do so? A parent complains that a teacher has posted grades in a classroom? Does the teacher have the right to do so? A teacher lets students grade another student’s papers. Is this a violation of FERPA? A teacher lets students grade another student’s papers. Is this a violation of FERPA? * US Department of Education, 2010

What would you do? A parent is concerned about his son and wants a counselor to turn over all documentation on a student. Does the counselor have to turn over this information? A parent is concerned about his son and wants a counselor to turn over all documentation on a student. Does the counselor have to turn over this information? A parent wants to see the file regarding an incident where six minor students were suspended for bullying her son. A parent wants to see the file regarding an incident where six minor students were suspended for bullying her son. The parent of a college student wants to know if his daughter’s was caught drinking in the dorms. She is underage. The parent of a college student wants to know if his daughter’s was caught drinking in the dorms. She is underage. * US Department of Education, 2010