F.E.R.P.A.

What is FERPA ?

The Family Educational Rights and Privacy Act

...also known as the Buckley Amendment; it protects the privacy of student records.

What does FERPA provide?

1. The right of parents and eligible students to inspect and review education records.

2. The right of parents and eligible students to seek to amend those records.

3. The right of parents and eligible students to limit disclosure of information from the records.

FERPA applies to all schools that are the recipients of federal funding.

Who is protected under FERPA?

All Students !

The Family Educational Rights and Privacy Act mandates confidentiality of all students’ records, including students served by special education programs.

What constitutes an educational record ?

Records which are directly related to the student and which are maintained by a school site or district.

“Educational Records” generally include any records in the possession of the school that contain information directly related to a student.

These records include items such as * grades, * disciplinary records, * special education records, * test results, * attendance records.

The records may be handwritten or in the form of print, computer, magnetic tape, , film or some other medium. FERPA protects all records, files, documents, and data directly related to students.

Institutions may disclose information regarding a student without violating FERPA through what is known as “directory information.”

Directory information includes:

* Student’s name *The names of the student’s parents *The student’s address

* The student’s grade placement * The student’s extracurricular participation * The student’s achievement awards or honors * The student’s weight and height, if a member of an athletic team, and...

* The student’s photograph * The school or school district the student attended before he or she enrolled.

Are there any restrictions on the release of directory information?

Yes, the district is required to provide: Annual Notification

Within the first three weeks of each school year, the district publishes in the local newspaper a notice to parents and eligible students of their rights under FERPA.

The District’s FERPA policy is also published in parent/student handbooks. Parents and eligible students have the right to restrict the release of any or all of directory information by completing a notification form for non-disclosure

When are personal notes not considered educational records?

When they are... * kept in sole possession of the maker, * not accessible or revealed to any other person, * and used only as a memory aid

Who would generally be permitted access to student records?

1. School officials who have “legitimate educational interest.”

2. Parents of a “dependent student” as defined by the Internal Revenue Code. (Biological parents, whether parent has custody of child or not, unless parent’s rights have been taken away by the court.)

3. Step-parent, if the child is living with the step-parent.

4. Eligible student (students 18 years of age.)

5. The issuer of a judicial order or subpoena that allows the institution to release records without the parent’s or eligible student’s consent, however, a “reasonable effort” must generally be made to notify the student before complying with the order.

When is the parents’ or eligible student’s consent not required to disclose information?

 To school officials with a legitimate educational interest,

 To parents of a “dependent student,”

 To federal, state and local education authorities involving an audit or evaluation of compliance with educational programs,

 To comply with a judicial order or subpoena,

 Health or safety emergency,

 Directory information (unless restricted by parent or eligible student) or...

 To the parent(s) or “eligible student.”

(Requests to disclose should always be handled with caution and approached on a case-by case basis.)

When in doubt, don’t give it out.

Test your “FERPA I.Q.”

A parent questions her student’s grade in your class. You open your “grade book” and show the parent her student’s grade as well as other student grades. Violation of FERPA?

Yes. A parent may only have access to their child’s grades.

At a social gathering a teacher shares a discipline incident that occurred at the school that week. Although he did not mention the student’s name, he finished his comments by saying, “Can you believe that he still started at quarterback Friday night?” Violation of FERPA?

Yes. It is a violation to share any information contained in a school record, in this case a disciplinary record, with attending personally identifiable information that would identify the student.

A non-custodial parent comes to school and requests to have a copy of their son’s grades. The school refuses since the parent does not live within the District and the child does not live with them. Violation of FERPA?

Yes. A parent has a right to their child’s school record. Whether or not a parent is the custodial parent has no bearing on his/her rights as a parent under the FERPA regulations.

Forum Guide To The Privacy of Student Information

F.E.R.P.A.