1. Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-2 Chapter 18 Who Controls Student Records?

3. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-3 Key Concepts Buckley Amendment Right of Access Legal Enforcemen t

4. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-4 Essential Question In what ways has the FERPA diminished the abuses in the use of student records?

5. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-5 KEY TERMS FERPA – Family Educational Rights and Privacy Act Directory Information Annual Notice Family Policy Compliance Office

6. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-6 FERPA Informs parents of their rights under the Act each year Protects the confidentiality of student records Entitles parents to file complaints with the U. S. Department of Education concerning alleged failures to comply with the act Guarantees parents the right to inspect and review the educational records of the children Establishes procedures for parents to challenge the accuracy of the student record

7. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-7 Case U.S. v. Miami University

8. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-8 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. complied with parental request within 45 days. Right of Access

9. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-9 Federal Educational Rights and Privacy Act (FERPA) does not prohibit release of teacher’s transcript without teacher’s consent. allows to share directory information. may require schools to restrict distribution of student personal information. to disclose personal information about students to protect health and safety

10. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-10 Case Ellis v. Cleveland Municipal School District

11. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-11 Procedures to enforce the FERPA: investigate process review violations and complaints Impact of FERPA: 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

12. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-12 Case Owasso v. Falvo

13. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-13 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 InterrogatoriesDepositions Document Requests Settlement Conference

14. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 18-14 Reflection In what ways, has the administration improved the accuracy and quality of student records in your school district?