1. Student Data and Confidentiality Parents Rights Schools’ Responsibilities

2. Native American Information System (NASIS) What and Why –A web based student information data collection tool that keeps protected student data –Not a personnel system but will have High Quality Teacher information –To fulfill our reporting requirements to the Department of Education (Titles, Special Education, Safe and drug free and so on) –Indian School Equalization Formula – school funding

3. NASIS – Confidentiality Concerns A BIE First! All schools on one system. But schools and parents are concerned about: –Security of student information –Conclusions reached about schools when information is not fully understood –Information being disseminated without policy or controls First Step – Family Educational Rights and Privacy Act FERPA

4. What is FERPA FERPA is a Federal Law Also known as the Buckley Amendment Protects the privacy of a student’s educational records Applies to all educational agencies or institutions that receive funds under any program administered by the Secretary of Education

5. Is All Student Information Protected? There are two types of student information defined by FERPA Directory Information Other Educational Records

6. What is Directory or Public Information? "... information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed."

7. Directory Information Student’s full name Address School assigned e-mail address Telephone listings Date and place of birth Degrees and awards received Dates of attendance Most recent previous school attended Classification Participation in officially recognized activities - sports Weight and height of members of athletic teams

8. Directory Information can NEVER include: Social security number or Student identification number Race Ethnicity Nationality Gender

9. Can directory information be released to anyone who requests it? NO - If the parent or eligible student has requested that directory information be withheld, no information can be released –outside of BIE except as provided by law. –to anyone within BIE who does NOT have a need to know.

10. Can directory information be released to anyone who requests it? YES - If the parent or eligible student has NOT requested that directory information be withheld.

11. With Holding Directory Information Who has the right to request this information be with held? –Parents –Eligible students (18 or older) How will a school know information is to be with held? –YEARLY – Notify parent’s or student of their rights –Inform parents or student of what is included as directory information –Provide parents or student an opportunity to opt out of disclosure of directory information

12. What does that mean to Schools ? Has the school properly notified parents and eligible students A school cannot disclose directory information without parents being notified This does not keep us from disclosing for audits, federal reports and other legal or ‘right to know’ circumstances. A school must keep records of disclosures

13. What can not be disclosed? Other personally identifiable information (not directory information) Requires specific written permission to disclose Medical records may not be disclosed to a second party

14. What are educational records? Records -- handwriting, print, computer, videotape, audiotape, film, microfilm, microfiche or e-mail – of an institution that Contain information directly related to the student and Are maintained by an agency or institution or party acting in its behalf.

15. Education records do not include ( Should not be included in Education Record) Records/notes in sole possession of maker not accessible or revealed to any other person (a teacher’s notes) Medical records (cannot be disclosed) Employment records when employment is not contingent on being a student Records created and maintained by a law enforcement unit used only for that purpose Information on a person that was obtained when no longer a student (i.e., alumni records)

16. Personnel at Schools You have access to information only for legitimate use in completion of your responsibilities as an employee of the school. Access to the NASIS system is to assist you – not for personal access to information about a student. A record must be kept of information going from a school to an outside entity.

17. Why ? Maintain consistent information Per FERPA, maintain a log of what information goes to whom and for what purpose Protect student information Assure the parent or eligible student that data the school has about their student (or self) will not be misused

18. Is FERPA just for NASIS? No This federal regulation governs care and protection of all student data found at the school.

19. What Should a School Do? Train all staff on FERPA (once a year) Maintain documentation of training Inform parents and eligible students of their rights (once a year) Keep record of any ‘don’t disclose’ requests Honor those requests Set up a log for tracking any disclosures of information –What –To whom –Date

20. Remember... When in doubt, don't give it out!