1. Copyright © Allyn & Bacon 2008 Chapter 7 Liability and Student Records This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2008 Public Law 93-380, The Family Educational Rights and Privacy Act (FERPA) protects confidentiality of student records. Public Law 93-380, The Family Educational Rights and Privacy Act (FERPA) protects confidentiality of student records. This act, commonly referred to as the Buckley Amendment, was enacted by the Congress in 1974 to guarantee parents and students a certain degree of confidentiality and fundamental fairness with respect to the maintenance and use of student records. This act, commonly referred to as the Buckley Amendment, was enacted by the Congress in 1974 to guarantee parents and students a certain degree of confidentiality and fundamental fairness with respect to the maintenance and use of student records.

3. Copyright © Allyn & Bacon 2008 The law is designed to ensure that certain types of personally identifiable information regarding students will not be released without parental consent. The law is designed to ensure that certain types of personally identifiable information regarding students will not be released without parental consent. If a student is 18 years of age or attends a post secondary institution, parental consent is not required. If a student is 18 years of age or attends a post secondary institution, parental consent is not required.

4. Copyright © Allyn & Bacon 2008 Since P.L. 93-380 is a federal statute, it applies to school districts and schools which receive federal funds. Since P.L. 93-380 is a federal statute, it applies to school districts and schools which receive federal funds.

5. Copyright © Allyn & Bacon 2008 Sanctions for Violating Family Privacy Rights An excerpt of the FERPA Act states the following: An excerpt of the FERPA Act states the following: At a minimum, the school district should provide, on an annual basis, information to parents, guardians and eligible students regarding the content of the law and inform them of their rights to file complaints with the Rights and Privacy Act Office of the Department of Education. At a minimum, the school district should provide, on an annual basis, information to parents, guardians and eligible students regarding the content of the law and inform them of their rights to file complaints with the Rights and Privacy Act Office of the Department of Education.

6. Copyright © Allyn & Bacon 2008 If non-English-speaking parents are affected, the district has a responsibility to notify them in their native language. If non-English-speaking parents are affected, the district has a responsibility to notify them in their native language.

7. Copyright © Allyn & Bacon 2008 Rights of Parents Parents or legal guardians have the right to inspect their child’s record. Parents or legal guardians have the right to inspect their child’s record. A school official should be present to assist a parent or guardian in interpreting information contained in the files and to respond to questions which may be raised during the examination process. A school official should be present to assist a parent or guardian in interpreting information contained in the files and to respond to questions which may be raised during the examination process.

8. Copyright © Allyn & Bacon 2008 Rights of Noncustodial Parents Occasionally, controversy arises regarding the rights of a noncustodial biological parent to access his or her child’s educational records. Occasionally, controversy arises regarding the rights of a noncustodial biological parent to access his or her child’s educational records. School or district policy should provide guidance in these situations. School or district policy should provide guidance in these situations.

9. Copyright © Allyn & Bacon 2008 Rights of Eligible Students The student may exercise the same rights afforded parents or guardians, if he or she has reached the age of 18 or is enrolled in a post secondary institution. The student may exercise the same rights afforded parents or guardians, if he or she has reached the age of 18 or is enrolled in a post secondary institution.

10. Copyright © Allyn & Bacon 2008 Rights of School Personnel Teachers, counselors and administrators who have a legitimate educational interest in viewing records may do so. Teachers, counselors and administrators who have a legitimate educational interest in viewing records may do so. A written form which must be maintained permanently with the file should indicate specifically what files were reviewed by school personnel and the date in which files were reviewed. A written form which must be maintained permanently with the file should indicate specifically what files were reviewed by school personnel and the date in which files were reviewed.

11. Copyright © Allyn & Bacon 2008 In 1994, the FERPA was amended to emphasize that institutions are not prevented from maintaining records related to a disciplinary action taken against a student for behavior that posed a significant risk to the student or others. In 1994, the FERPA was amended to emphasize that institutions are not prevented from maintaining records related to a disciplinary action taken against a student for behavior that posed a significant risk to the student or others.

12. Copyright © Allyn & Bacon 2008 Enforcement of State or Federal Statutes Federal officials and state officials may inspect files without parental consent in order to enforce federal or state laws or to audit or evaluate federal education programs. Federal officials and state officials may inspect files without parental consent in order to enforce federal or state laws or to audit or evaluate federal education programs.

13. Copyright © Allyn & Bacon 2008 In these cases, personally identifiable information may not be associated with any student unless Congress, by law, specifically authorizes federal officials to gather personally identifiable data. In these cases, personally identifiable information may not be associated with any student unless Congress, by law, specifically authorizes federal officials to gather personally identifiable data.

14. Copyright © Allyn & Bacon 2008 Authorized representatives who may access records include: Authorized representatives who may access records include: (1) the Comptroller General of the United States (1) the Comptroller General of the United States (2) the Secretary (2) the Secretary (3) an administrative head of an educational agency (3) an administrative head of an educational agency (4) state and educational authorities. (4) state and educational authorities.

15. Copyright © Allyn & Bacon 2008 Privilege On many occasions, school personnel are requested to provide either oral or written information regarding a student, some of which might be contained in the student’s file. On many occasions, school personnel are requested to provide either oral or written information regarding a student, some of which might be contained in the student’s file.

16. Copyright © Allyn & Bacon 2008 When such requests are made and school personnel respond in a truthful and reasonable manner in accordance with their prescribed duties, they are protected by qualified privilege. When such requests are made and school personnel respond in a truthful and reasonable manner in accordance with their prescribed duties, they are protected by qualified privilege.

17. Copyright © Allyn & Bacon 2008 Good Faith Qualified privilege is based on the premise that the educator is operating in good faith. Qualified privilege is based on the premise that the educator is operating in good faith. When damaging or sensitive information is communicated to others who have no need to know, good faith has been violated. When damaging or sensitive information is communicated to others who have no need to know, good faith has been violated.

18. Copyright © Allyn & Bacon 2008 Good faith requires that a legitimate purpose be served by communicating the information. Good faith requires that a legitimate purpose be served by communicating the information. Common interest in the student’s well being would constitute a legitimate purpose. Common interest in the student’s well being would constitute a legitimate purpose.

19. Copyright © Allyn & Bacon 2008 Acts of Malice Malice exists when there is intent to harm or injure another. Malice exists when there is intent to harm or injure another. When statements are communicated about a student either written or orally with the intent to injure his or her reputation, a tortious act has occurred, especially if these statements are false. When statements are communicated about a student either written or orally with the intent to injure his or her reputation, a tortious act has occurred, especially if these statements are false.

20. Copyright © Allyn & Bacon 2008 Truth is a defense for liability, if no malicious intent is present. Truth is a defense for liability, if no malicious intent is present. School personnel should exercise care in ensuring that statements communicated to others are free of malice, based on defensible evidence and communicated in a professional, non-biased and truthful manner. School personnel should exercise care in ensuring that statements communicated to others are free of malice, based on defensible evidence and communicated in a professional, non-biased and truthful manner.