FERPA Family Educational Rights and Privacy Act Statute: 20 U.S.C. 1232g; Regulations: 34 CFR Part 99

Primary Rights of Parents under FERPA Right to inspect and review education records Right to seek to amend education records Right to have some control over the disclosure of information from education records These rights transfer to student when student turns 18 or attends a postsecondary institution at any age. Rights can be shared between student and parent. School may disclose to parents whether student wants them to or not.

Education Records ‘Education records’ are records which: Contain information which is directly related to a student; and Are maintained by an educational agency or institution or by a party acting for the agency or institution. Must be BOTH the above. Information the school receives then becomes part of the educational record.

Record ‘Record’ means any information maintained in any way, including, but not limited to: Handwriting Video or audio tape Computer media Film Print Microfilm and microfiche

Personally Identifiable Information ‘Personally Identifiable Information’ includes, but is not limited to: Student’s name Parent’s name Address of the student or student’s family A personal identifier, such as social security number or student number A list of personal characteristics or other information that would make the student’s identity easily traceable

Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Establishes standards and imposes requirements to protect the privacy of individually identifiable health information. Records that are subject to FERPA are NOT subject to the HIPAA Privacy Rule (see page 82483, Federal Register, December 28, 2000) Other HIPAA rules may apply.

HIPAA Privacy Rule Educational institutions that provide health or medical services to students may qualify as “covered entities” under the HIPAA Privacy Rule. However, the HIPAA Privacy Rule specifically excludes from its coverage those records that are protected by FERPA.

Records Exempt from FERPA Records kept in the sole possession of the maker and are not accessible or revealed to any other person. Once contents or information recorded are shared with ANYONE they become a part of FERPA. Records are used as a “memory jogger” Familypolicy.ed.gov

§99.30 Under what conditions is prior consent required to disclose information? Except for specific exceptions, a parent shall provide a signed and dated written consent before a school may disclose education records. The consent must: - specify records that may be disclosed - state purpose of disclosure - identify party or class of parties to whom disclosure may be made.

§99.31 Under what conditions is prior consent not required to disclose information? LEA exceptions (partial): To school officials with legitimate educational interest (defined in annual notification) (a)(1) To schools in which a student seeks or intends to seek enrollment (a)(2) To federal, state, and local educational authorities conducting an audit, evaluation or enforcement of education programs (a)(3) To comply with a judicial order or subpoena (reasonable effort to notify) (a)(9) Health or safety emergency (a)(10) Directory information (a)(11): name, address, phone number

School Officials & Legitimate Educational Interests Education records can be disclosed without consent to school officials who have been determined to have legitimate educational interests. Criteria for determining “school officials” and “legitimate educational interests” must be set forth in LEA’s annual notification of rights under FERPA. School district law enforcement unit officials may be designated as school officials with legitimate educational interests in education records required for them to perform their jobs for the school.

Personal Knowledge or Observation FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official’s personal knowledge or observation, and not from the student’s education records.

Survey Limitations Department of Education funded, or school developed surveys: schools and contractors must obtain prior written parental consent before minor students are required to participate in a survey that reveals information concerning one or more of eight protected areas of information (active consent).

Survey Limitations Other funded surveys: Schools are required to notify parents of students who are scheduled to participate in a survey that concerns one or more of eight protected areas of information and must provide the parent with an opportunity to inspect and review the survey and an opportunity to opt their child out of participating in the survey (passive consent).

Eight Protected Areas Political affiliations or beliefs of the student or the student’s parent Mental and psychological problems of the student or the student’s family Sex behavior or attitudes Illegal, anti-social, self-incriminating or demeaning behavior Critical appraisals of other individuals with whom respondents have close family relationships

Eight Protected Areas 6) Legally recognized privileged or analogous relationships, such as those lawyers, physicians and ministers 7) Religious practices, affiliation, or beliefs of the student or the 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)

Website www.ed.gov/offices/Oll/fpco http://www.ed.gov/policy/gen/guid/fpco/index.html

Where are the differences? Between Ethics and Law