Family Educational Rights and Privacy Act (FERPA)

FERPA: Protected Information

-3 categories of FERPA Protected Information: Educational information, Personally identifiable information (PII) and Directory information. -PII: can only be disclosed if the educational institution obtains the signature of parent/student (18+) specifically stating reasons, parameters of use. -Directory Information: Information contained in a student's Education Record that would generally not be considered harmful/invasion of privacy if disclosed (students names, telephone numbers, addresses, etc.). **Does not include social security information. -Education Records: Records, files, documents, and other materials maintained by an educational agency or institution, or by a person acting for such agency or institution. May include transcripts, GPA, grades, SSN, academic evaluations and most recently certain psychological evaluations. -Exclusion of Peer Grading: U.S. Supreme Court decision in Owasso Independent School District v. Kristja Falvo: peer grading was not education information for purposes of FERPA -http://www.naceweb.org/public-policy-and-legal/legal-issues/ferpa-primer-the-basics-and-beyond/ -https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

FERPA: Education Records

-FERPA Education Record Includes: a range of information about a student that is maintained in schools in any recorded way: handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. -Directly related to the student and maintained by the institution or by a party acting for the agency or institution. -All Records including: Immunization/health records, records and services provided to students under the Individuals with Disabilities Education Act (IDEA) and/or Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. -Permissible Disclosure without consent: Emergencies, if knowledge of that information is necessary to protect health/safety of the student/other individuals. Generally temporarily limited to the period of the emergency. -https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpa-disaster-guidance.pdf

FERPA: Eligibility

-Parents or eligible students (18 years old or post-secondary advancement) have the right to inspect and review the student's education records maintained by the school. These eligible parties also have the right to request that a school correct records which they believe to be inaccurate or misleading. -In general, schools must have written permission from parent/eligible student to release any information regarding the student's education record. -FERPA Disclosure allowed under certain conditions: 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) Directory information not considered harmful: student names, addresses, telephone numbers, and student identification numbers. -https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Ferpa: Personally Identifiable Information (PII)

-Personally identifiable information (PII) refers to: Identifiable information maintained in education records and includes direct identifiers: student's name or identification number, indirect identifiers: such as a student's date of birth, or other information which are directly related to an individual student. -PII can only be disclosed if the education institution obtains signed consent from the eligible parties specifying parameters. -FERPA generally prohibits improper disclosure of personally identifiable information derived from education records. **Information obtained by an official through personal knowledge or observation, or has heard orally from others, is not protected under FERPA. -FERPA permits the school to destroy such records without prior notice to the student unless an outstanding request is made by the eligible parties. -https://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html

FERPA: 20 U.S.C. § 1232g; 34 CFR Part 99

-The Family Educational Rights and Privacy Act (FERPA) -Federal law that protects privacy of student education records. -FERPA applies to: Educational agencies and institutions (i.e. schools) that receive funding under any program administered by the Department. -Significance: Provides requirements for the proper release of information pertaining to students' educational records. Allows parents certain protections with their children's education records. -These rights initially possessed by parents, are transferred to the student when he/she reaches the age of 18/attends school beyond high school. -Schools must notify parents/eligible students annual of their rights under FERPA. -https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html