Student Records & FERPA A. Hudak, K. Arnett, K. Richardson, & H. Zimmer

See What You Know!  Quick common sense quiz will be handed out now to test your knowledge on the topic!  Dr. Decker has approved this as part of your participation grade for the week

Case Example  Owasso Independent School Dist. v. Falvo, 534 U.S. 426 (2002).  Mother of 3 argued that peer grading violated the Family Educational Rights & Privacy Act of 1974 (FERPA)  Courts were deciding if peer graded work is considered an ‘educational record’

Ruling of Case Example  The Supreme Court found that graded student work and peer grading are not “maintained” student “educational records” and therefore are not covered under FERPA.  “Educational records”: “any information maintained by a school that is directly related to a current student”, (Schimmel et al, 2010, p 152).

Rationale & Objective Schimmel et al, 2010  Issues of student privacy abound in the public school classroom.  Teachers need a better understanding of how to confront these legal issues as they arise.  Teacher will be able to discuss the main features of the Family Educational Rights & Privacy Act (2000)  Teachers will be able to explain how the Act applies to teachers, students, & parents

FERPA  Passed by Congress in 1974 to clarify who may and may not see student records  Establishment of student records was originally a development that enabled staff members to have information about the whole child, rather than just grades and subjects  Parents had little knowledge about these records or how they were used

Five Features of FERPA  Break into groups of 4 and discuss these features amongst your group  Summarize the meaning behind each feature  We’ll come back in about 15 minutes to review these as a class

Five Features of FERPA Cont’d  The Right to Be Informed  Protects Confidentiality  The Right of Access  The Right to Challenge  The Right to File Complaints

Application- Quiz Review  1. False: FERPA doesn’t require teachers to get permission  2. False: custodial & noncustodial parents have rights to records, unless a legal document prohibits  3. True: parents have rights to a hearing if records thought to be inaccurate or misleading  4. True: FERPA requires notification to parents each year of their rights  5. True: parental consent is not necessary before sharing records  6. False: parents are not permitted to see personal notes of teachers, counselors, or administrators

Application- Quiz Review  7. Depends: depends on case; FERPA only applies to student records  8. False: Truth is a defense to charges of defamation  9. True: Family Policy Compliance Office established to investigate complaints from parents about failure to comply with FERPA

Assessment  FERPA Summary Sheet provided  Inform, Inspect, Challenge, Confidential, and Complain overall basis of cheat sheet

FAQ  All schools that receive gov’t funds are required to follow FERPA  Students can assert their rights once 18 or begin attending postsecondary school  Students who apply to a postsecondary school may waive their right to inspect letters of recommendation  The Act does not prohibit school staff from disclosing info about students that isn’t recorded  Parents cannot sue however federal funds can be withheld if a violation occurs  Work/homework may not be included in FERPA; refer back to case summary info

References  Schimmel, D., Eckes, S., & Militello, M. (2010). Principles teaching the law: 10 legal lessons your teachers must know. (pp ). Thousand Oaks, CA: Corwin.  Owasso Independent School Dist. v. Falvo, 534 U.S. 426 (2002).