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Published byCory Strickland Modified over 9 years ago
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WCSD Policy 5550/Reg. 5550-R FERPA Training Schwerzmann & Wise PC 9/01/11 Keith B. Caughlin
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"FERPA“ FAMILY EDUCATIONAL RIGHTSand PRIVACY ACT Parents have the right:
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to privacy of personally identifiable information, to inspect and review education records, To correct/challenge an education record, to report violations to Federal Privacy Compliance Office. FPCO monitors and reviews complaints about FERPA. No private right to sue for a FERPA violation.
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“Education Record” Any information directly related to a student maintained by the District Two categories: –Directory Information and –Personally Identifiable Information.
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Directory Information – May be released if parents given Opt out Includes: – Name – Address, Photo, Dates of Attendance – Honors, Awards, Activities – Height and Weight – Opt Out Notice – consent presumed unless parent requires consent.
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Personally Identifiable Information – may not be released without parent's consent. "signed dated written consent" includes email approval
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An education record is NOT: instructional, supervisory or administrative record in sole possession of maker, a personal memory aid; law enforcement records; treatment records for medical, psychiatric care; grades on peer-graded papers prior to entry in school record; hallway surveillance videos;
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WHO GIVES CONSENT? Natural parent, guardian or individual acting in the absence of the parent. (Not a step-parent, unless parent is absent.) Non-custodial parents enjoy full FERPA rights unless court order specifies otherwise. Student accorded review and consent rights under FERPA at 18.
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Exceptions to release of education records with personally identifiable information only on consent:
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to another school official or teacher with a legitimate educational interest; to state and local juvenile justice officials; for surveys, accreditations, educational organizations; to parents of an 18 year+ student who is a dependent; in connection with an emergency to protect health, safety or welfare, if there is an "articulable and significant threat;" to a law enforcement subpoena to a civil order or subpoena with notice to parents before compliance.
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WCSD annual notice covers FERPA notice and advises of disclosures to military recruiters and colleges, unless opt-out.
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Records review made to building principal, access in 45 days. Info on other students redacted. Correction/challenge in writing to building principal who responds in writing in 14 days. (Not include grade change, disciplinary decision, or change opinion contained within educational record.) Parent has 14 days to request a hearing before the Sup't who must provide a written decision 14 days after the hearing. Protection of Pupil Rights Amendment - also in our Regulation. 8 areas of protected information - politics, sex, income, religion survey opt-out notice.
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Statute permits inspection/review in person, not copying unless a great distance is involved. May charge for copies. There is no requirement for a "standing order" to send me everything you send my ex-spouse. Not required to create a record or respond to questions.
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Questions? FERPA Training Schwerzmann & Wise PC 9/01/11 Keith B. Caughlin
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