FERPA
The federal law that protects the confidentiality of student education records/personally identifiable information.
What is FERPA?
In order to release a student's education information to individuals other than someone with legitimate educational interest, schools must first obtain this.
What is (written) consent?
Information that alone or in combination would generally allow a person in the school community to identify a student with reasonable certainty.
What is PERSONALLY IDENTIFIABLE INFORMATION?
These records are exempt from parent access as part of a student's education record IF the information is a private note created solely by the individual possessing the note, if it is used as a personal memory aid, and/or the information is not accessible to ANY OTHER PERSON.
What are SOLE POSSESSION RECORDS?
As you are walking back to your classroom from lunch, you notice a couple of students fighting in the hall. Your knowledge of the events comes only from this direct observation. Does FERPA govern disclosure of what you saw?
What is NO?
(FERPA does not prohibit a school official/teacher from disclosing information he/she witnessed. Direct observations are not part of a student's educational records.
A school official may disclose what he/she saw or overheard to appropriate authorities, including administrators, other school officials, parents, or law enforcement.
The acronym FERPA stands for...
What is FAMILY EDUCATION RIGHTS AND PRIVACY ACT?
Confidentiality rights under FERPA are transferred to students when they turn 18 years of age OR this happens...
What is ATTEND A POST SECONDARY INSTITUTION?
Name ONE example of an exception allowed by FERPA in which a school may release personally identifiable information/education records without prior written consent to disclose the information. (any correct answer will count)
What is DIRECTORY INFORMATION?
What is the TRANSFER OF A STUDENT TO A NEW SCHOOL?
What is a LEGITIMATE EDUCATIONAL INTEREST?
What are FINANCIAL AID APPLICATIONS?
What is a HEALTH OR SAFETY EMERGENCY?
What is a JUDICIAL ORDER/SUBPOENA?
Individuals who may file a complaint with the Family Policy Compliance Office.
Who are PARENTS/LEGAL GUARDIANS AND ELIGIBLE STUDENTS?
Skipping class has become a problem at your school. Your principal and local police have been looking for students who are not in school during the day. You receive a phone call from the local police asking if a particular student was in attendance in your class yesterday. They tell you they are investigating whether the student was involved in some vandalism and need to know their whereabouts. Can you give them the information?
What is NO?
Attendance records are considered educational records and cannot be released without consent of the parents or eligible student.
Unless the police have obtained legal authority to compel you to disclose the information, it would be a violation of FERPA to share part of the student's educational record....
HOWEVER - if the information was related to a health or safety emergency, or attendance records are designated by your school as directory information, then the information could be disclosed without consent.
Records, files, documents and other materials which contain information directly related to a student and are maintained by an education agency or institution, or by a person acting for such agency or institution (3rd party vendor/contractor).
What are EDUCATIONAL RECORDS?
Under FERPA, a school must provide a parent with an opportunity to inspect and review his or her child's education records within this timeframe following its receipt of a request.
What is 45 days?
True or False: Under FERPA, schools are allowed to disclose personally identifiable information that is not generally considered harmful WITHOUT CONSENT as long as they provide public notice to families explaining what types of information the school has designated as directory information.
What is TRUE?
True or False: Law enforcement unit records created by an SRO are educational records, and as such are subject to privacy protections of FERPA.
What is FALSE?
Your school has given parents annual notice of the types of personally identifiable information designated as directory information, which includes student names and grade level. A parent comes into your classroom one day after school. Her daughter's birthday is next week and she would like to have a list of students' names in the class and their addresses to send out invitations for the birthday party. You have known this parent for years and trust her. Can you provide her with this information?
What is NO?
UNLESS the information the parent requested had been identified in the annual public notice as directory information. In this scenario, you would be able to share the information.
True or False:
Grades, immunization and health records, disciplinary records, student progress reports, academic or physical testing results, grade point average, and attendance records are a few examples of education records.
What is true?
According to FERPA, parents/legal guardians and eligible students have the right to request THIS if they believe there is specific information in an education record that is inaccurate, misleading or in violation of privacy rights.
What is an AMENDMENT OF RECORDS?
True of False: Direct observations made by faculty/staff are not considered educational records.
What is TRUE?
(Example: Sole Possession Records: notes kept in the sole possession of the person who created them)
All complaints made to the Family Policy Compliance Office must be received within what time frame from the date the complainant reasonably should have known of the alleged violation.
What is 180 DAYS?
A teacher keeps a folder in which she records notes about her students. These notes have to do with the students' personality, behavior, achievement level, likes and dislikes, attitudes, etc. As the teacher is making notes in the folder after school, a parent comes in and, noticing the folder, asks to see notes relating to her child. The teacher refuses on the grounds that her notes are not educational records, and therefore not accessible by the parent. Is the teacher correct?
What is YES?
If she does not show or reveal the contents of the notes to anyone, uses the information as a memory aid, and if they remain her private notes in her sole possession.
This office within the US Department of Education is authorized by the Secretary of Education to investigate, process, and review complaints and violations under FERPA.
What is the FAMILY POLICY COMPLIANCE OFFICE?
The one condition in which parents retain rights under FERPA on behalf of their children who are 18 years of age or older.
What is PARENTS WHO CLAIM CHILDREN AS DEPENDENTS ON THEIR TAXES?
In order for a teacher to disclose education/health records to another teacher in a school building, the other teacher involved must have...
What is A LEGITIMATE EDUCATIONAL INTEREST?
The US Department of Education may withhold what if a district is found to be in violation of FERPA?
What are FEDERAL FUNDS?
A general and a special education teacher were sitting in the teachers' lounge discussing a student they both taught. Both teachers know from personal experience that the lounge walls are thin and the air vent allows conversations to be easily heard in the next classroom. They called the child by his name and talked about his behavior problems, his family situation, and his disability. There were no faculty members in the lounge at the time of the conversation. Were the teachers in violation of FERPA?
What is YES?
While the conversation was private and hopefully due to a "legitimate educational interest," they were aware of being within earshot of other classrooms and were not careful to avoid personally identifiable information. (Remember to ask yourself What, Who, Why, and WHERE before sharing information.)