Privacy Laws Regulating the Education Industry
(1) the records(s) to be disclosed (2) the purpose of disclosure (3) to whom the disclosure is being made
Valid student consent to disclosure under FERPA must be signed (by hand or electronically), dated and written and must also identify what 3 things.
(1) Campus police records - created and maintained by school campus police for law enforcement purposes. However, if the records are shared between campus police and other campus administrators, these are considered education records (2) employment records - when the employee is not a student at the university (3)treatment records - Generally, records that are created or maintained by a professional health practitioner for the purpose of treating a student, and not disclosed to anyone except those providing the treatment, are considered treatment records (4) applicant records - of those who are not enrolled in the university. (5) alumni records - created by a school after the individual is no longer a student (6) Grades on peer-graded papers - before they are collected and recorded by a faculty member or other university representative
What 6 records are not considered "education records" under FERPA?
Is to protect the privacy of student education records. the lw applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
What is the primary purpose of FERPA? What institutions do the law apply to?
if the record is relevant and necessary to the school official's responsibilities. No, just related to any appropriate school function.
a "legitimate educational interest" exists if _____. Does the legitimate educational interest need to be academic? explain.
(1) The information is not "personally identifiable." (2) the information is "directory information" whose release the student has not blocked. (3) the student has provided consent. (4) the disclosure is made to the student him/herself. (5) a statutory exception applies, such as for health or safety purposes.
Disclosure of education records is permitted only if one of the following conditions 5 conditions is met?
45 days (1) financial records of their parents, (2) confidential letters of recommendation (if the student has waived the right to inspect those documents, (3) treatment records, (4) attorney-client privileged information or records excluded from the definition of education records, and (5) when the record contains information about more than one student, the requesting student may only access parts pertaining to themselves.
FERPA allows student with the right to access and review their education records. once a student has issued a request, the educational institute must provide access to the records within _____ of that request. Students do not have the right to inspect what ____ records?
Parents with respect to their children's education records. these rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. (students to whom the rights have transferred are called "eligible students").
FERPA gives _______ several rights with respect to ______. These rights transfer to _______ when _______
(1) They have the right to inspect and review the student's education records maintained by the school. (2) They have the right to request that a school correct records which they believe to be inaccurate or misleading.
FERPA gives parents or eligible students several rights with respect to their education records. Name two.
(1) Control the disclosure of their education records to others (2) Review and seek amendment of their own education records (3) Receive annual notice of their rights under FERPA (4) File complaints with the Department of Education (there is no private right of action permitted under FERPA)
FERPA protects the rights of students by providing them the right to do 4 things:
include all records that contain information directly related to a student and which are maintained by an educational agency, including report cards, transcripts, disciplinary records, contact and family information, and class schedules.
For purposes of FERPA, education records include ______.
(1) the student must receive prior and reasonable notice of the time, place and date. (2) it must be held within a reasonable time after the request is made. (3) it must be conducted by a party without a direct interest in the outcome. (4) the student must be afforded a "full and fair" opportunity to present his/her case, without assistance or representation (5) the decision must be based on the evidence presented at the hearing, delivered, in writing, within a reasonable amount of time after the hearing, and must contain a summary and explanation for the decision. If the hearing affirms the student's request, the education record must be amended and the student must be notified in writing. if the request is denied, the institution must notify the student of his/her right to place a written statement in the file about the contested record. the statement must then be maintained and disclosed with any release of the contested record.
If a student's request to review records is denied, the student has a right to request a hearing. The hearing must meet 5 conditions:
If the school decides not to amend the records, the parent or elibible student then has the right to a formal hearing. after the hearing, if the school still decides not to amend the records, the parent or elibible student has the right to place a statement with the record setting forth his or her view about the contested information
In regard to FERPA and the right to request school records be corrected, what happens if a school does not amend or correct the record?
Schools are not required to provides copies of records unless, for reasons such s great distances, it is impossible for parents or eligible students to review the records in person. Schools may charge a fee for copies.
In regard to FERPA and the right to review education records, does the parent or eligible student have to review in person? explain
Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (e.g., a special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Must schools notify parents and eligible students about their rights under FERPA? explain.
elementary and secondary schools postsecondary schools
PRPA requirements apply to ______; however, the statute does not apply to _____.
"Reasonable methods" Reasonable methods include password access, security questions, smart card access and PINs, among other things.
Schools must use ________ to verify the identity of the party they disclose the information to. _______ includes _____
Student survey information. (1) enact policies regarding the collection, disclosure or use of personal information about students for commercial purposes; (2) allow parents to access and inspect surveys and other commercial instruments before they are administered to students; (3) provide advance notice to parents about the approximate date when these activities are scheduled; and (4) provide parents the right to opt out of surveys or other sharing of student information for commercial purposes.
The No Child Left Behind Act of 2001 broadened the PRPA to limit the collection and disclosure of ________. The amended PRPA now requires schools to do 4 things:
(1) it requires that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with a Department of Education funded survey, analysis, or evaluation in which their children participate. (2), it requires that schools and contractors obtain written parental consent before minor students are required to participate in any Department of Education funded survey, analysis, or evaluation that reveals sensitive information, such as political affiliations, mental and psychological problems, sex behavior and attitudes, or parental income.
The Protection of Pupil Rights Amendment amended FERPA in two ways: (1) ______ and (2)_____.
the collection of sensitive information from students through surveys. (1) political affiliations, (2) mental or psychological problems potentially embarrassing to the student and his/hr family, (3) sex behavior and attitudes, (4) illegal, antisocial, self-incriminating and demeaning behavior, (5) critical appraisals of other individuals with whom respondents have close family relationships, (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; (7) religious practices, affiliations or beliefs of the student or student's parent, (8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
The Protection of Pupil Rights Amendment providers certain rights to parents of minors with regard to ______. these areas include what 8 things?
(1) the student's name (2) the name of the student's parent or other family members (3) the student or student's family's address (4) Personal identifiers such as the social security number or student number (5) other identifiers, such as date of birth (6) other information that, alone or in combination, can be linked to a student and would allow the student to be identified with reasonable certainty (7) information requested by a person whom the school reasonably believes knows the identity of the student to which the education is linked.
Under FERPA, "personally identifiable information" includes, but is not limited to, what 7 things?
"directory" information, such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. however, schools must inform parents and eligible students about the planned disclosure of directory information and allow them a reasonable amount of time to opt out.
Under FERPA, schools may also disclose, without consent ______, such as ______. however, ______
(1) school officials with legitimate educational interest; (2) other schools to which a student is transferring; (3) specified officials for audit or evaluation purposes; (4) appropriate parties in connection with financial aid to a student; (5) organizations conducting certain studies for or on behalf of the school; (6) accrediting organizations; (7) to comply with a judicial order or lawfully issued subpoena; (8) appropriate officials in cases of health and safety emergencies; (9) state and local authorities, within a juvenile justice system, pursuant to specific state law; (10) disclosure to the alleged victim of a forcible or non forcible sex offense. (11) disclosure of information related to sex offenders and others when the information is provided to the school under federal registration and disclosure requirements. (12) disclosure to a person or entity that is verified as the party that provided or created that record
in general, under FERPA, schools need written permission fro the parent or eligible student to release any info from a student's education records. But under what 12 conditions may a school release the records without the parent or student's consent?
"Articulable and significant." The school can take the totality of the circumstances into account in making this determination.
in order for disclosure to be made pursuant to a "health or safety emergency," the treat of harm must be ______ and ______. The school can take ________ into account in making this determination.
The Family Education Rights and Privacy Act ("FERPA"). enacted in 1974. The Protection of Pupil Rights Amendment ("PRPA") in 1978.
what is the primary federal law regulating the processing of education records? when was it enacted? When and what amendment updated it?
