True/False
Scenarios
Court Cases
100
FERPA stands for Family Educational Rights and Privacy Act
True.
100
A single-mother feels her 3rd grade son’s report card does not match up with the grades he received on homework throughout the semester. She calls her son’s teacher and demands that she see all his educational records immediately. Does the parent have the right under FERPA to do so?
Absolutely!
100
In the Owasso v. Falvo case, what was the main argument the plaintiff was making?
The plaintiff was saying that peer grading in the classroom was a violation of FERPA.
200
An educational record is defined as anything that the teacher gives to the students that has information directly or indirectly related to the student.
False. Under FERPA, an "educational record" is defined as records that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.
200
A student is expelled from high school. A copy of his disciplinary record is sent to the school district’s law enforcement unit so that school security can keep the student off campus. The law enforcement unit maintains that record and discloses it to a reporter in response to a State open records request. Is that permissible under FERPA?
NO. By giving the records to a reporter, law enforcement disclosed educational records to a third party, which is not allowing under FERPA
200
Why did a student sue his college in the 2002 Supreme Court case Gonzaga University v. Doe?
The plaintiff sued Gonzaga University for violating his personal privacy rights after a teacher overheard a student conversation discussing sexual misconduct by the undergraduate student, and the college denied the student a student license
300
A peer graded paper that is then recorded in a teacher's grade book is not considered an educational record according to FERPA.
False. According to the Owasso v. Falvo case, peer graded papers are not considered educational records until they are recorded into a teacher's grade book, at which point they are considered to become records.
300
A teacher is psyched when her struggling student suddenly starts getting his grades up. When standing in line at Starbucks she is telling her friend that Aaron Butler brought his law grade up from a D minus to a B plus. Does this violate FERPA?
Yes. Because the teacher used the student's name, she violated FERPA by disclosing educational records to a third party.
300
In the Gonzaga University v. Doe case, did the court rule in favor of the student or the university?
The university. FERPA deals with privacy in regard to educational records. FERPA does not grant privacy to individual actions.
400
A school district could possibly lose Federal Funding if a lawsuit was brought to the court involving FERPA.
True
400
A non-custodial, biological parent comes to your class and asks to see their child’s educational records. The teacher obliges and shows them the records. DId the teacher violate FERPA?
No. Both biological parents are granted the right to educational records under FERPA, even if one is non-custodial. (unless there is a legally binding document that specifically removes that parent's FERPA rights.)
400
Are emails considered to be educational records under FERPA?
According to the S.A. v. Tulare County Office of Education, emails are not considered to be educational records because, "Emails, like assignments passed through the hands of students, have a fleeting nature. An email may be sent, received, read, and deleted within moments."
500
A parent of an independent 19 year old college student can request to see educational records that involve only the student from the University.
False. Once a student reaches the age of 18 and is no longer classified as the parents' dependent, he or she becomes an "eligible student," and all rights formerly given to parents under FERPA transfer to the student.
500
A member of the PTA comes to your classroom and asks for a list of students’ addresses. She needs volunteers for an upcoming school event and would like to send information to the families of all the students in your class. The teacher gives her the addresses. Did the teacher violate FERPA?
No. Addresses are not educational records; therefore, they are not protected by FERPA.
500
Why did the Supreme Court rule in favor of the school in the Owasso v. Falvo case? (3 possible reasons)
Peer graded papers are not educational records until they are put into the the teacher's grade book or put in a student's file. Peer graded assignments are not educational records because they are not "maintained" or handled by someone acting for the school. Peer graded assignments are not educational records because, logistically, declaring them educational records would be too much of a burden on teachers. Teacher's instructional time would be severely limited.
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