Russellville Independent School District Confidentiality of Information and Family Educational Rights and Privacy Act (FERPA) Russellville Independent School District

Laws Family Educational Rights and Privacy Act of 1974-(FERPA) or Buckley Amendment Individuals with Disabilities Act-(IDEA) Kentucky Safe Schools-(House Bill 330) HIPAA

Why Districts that receive federal funding must follow the law It is the right thing to do

Access Rights LEA permits parents to review any educational records relating to his child--without unnecessary delay--before ARC or Due process meeting--45 days or less from time principal receives request--time mutually acceptable Unless there is evidence of legal order revoking these rights it applies to both parents

LEA presumes parent has authority unless there is a court order If student is 18 or over they are an “Eligible student” according to the law and they have the right to review their educational records instead of their parents, unless there is a court order prohibiting that. Includes foster parents and guardians Representatives of a Kentucky state child welfare agency with a court order identifying the child is in their custody for at least one month may have access to the child’s records and must include a completed request form (09.14 AP.232 of our Board procedures)

Disclosure Permitting access to records Communication of the records Providing the records in a language the parents understand

Educational Records Defined in FERPA Records include those Directly related to a student Maintained by educational agency or institution or by a party acting for the agency or institution Includes discipline records under the Kentucky Safe Schools Law All personally identifiable data and discussions

Educational Records (Continued) Test Protocols and Raw Data-may be shown and explained to parents so they understand test results, but not required to provide parents a copy Private Notes-created solely by individual possessing it-no Private Notes-If another person is knowledgeable of contents-yes Student & Employee health records

Access Each educational folder should have a record of access name date purpose LEA must ensure that only people who have an educational interest in the student access the records--the record of access must be signed unless records are accessed by school personnel, parent or eligible student

Access School must maintain a list of educational records and their locations If records contain information about more than one student--that information must be removed before access is granted

Amend the records Parents can request the records be amended. LEA has 14 days to make a decision and if they disagree to amend they have 7 days to give written explanation

Amendment denied Parents can request hearing Parents can place statement in the student’s record that they disagree with that part of the student’s records and that statement becomes a part of the student’s records

School Not Required to Consider Amendment Change a grade or disciplinary decision Change opinions or reflections of school personnel or other person in an educational record Change a determination with respect to a child’s status under special education programs

Parental Consent LEA must have written consent to release educational records to any individual or agency other than parents, eligible student, or new school if student moves--consent must be signed, dated and state purpose of disclosure Directory information can be released without consent unless parents request it not be released Children custody with a state welfare agency (e.g., DCBS) by court order do not require parental consent for release of records.

Exceptions If school receives a subpoena they must attempt to contact the parent to let them know the records have been released Directory Information Seeking to enroll in another school Disclosure to state or local educational authorities auditing or evaluating programs Disclosure to school officials who have legitimate educational interests

School must Annually Notify parents that they may: Inspect and review their children’s educational records Seek amendment of inaccurate or misleading information in their child’s educational records Consent to most disclosures of personally identifiable information from educational records

Notification Can be in local paper, student newspaper or any means likely to inform parents Does not have to be made individually to parents

Safeguards LEA ensures that safeguards dealing with records are in place at all times All staff with access must receive training LEA maintains and updates a list of those who can access educational records When faxing records mark confidential and call ahead to let party know records are coming

Destruction of Records Cannot destroy any records if they might be needed LEA informs parents when destroyed--follow timelines Records such as attendance, final grades, address are kept indefinitely

Juvenile Court Records Does not become a part of student’s permanent records--Principal can only reveal to school personnel who work with the student Juvenile court records are not school records

District Policies & Procedures Policy 9.14 Procedures AP.1,.11,.111,12,.231,.24

Situation 1. A private day care requests a student’s immunization records from the school. Can the school send it without a release?

Situation A private day care requests a student’s immunization records from the school. Can the school send it without a release? ANSWER: No, records can only be released to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.

Situation 2. Warren County Schools requests a child’s records because the child is enrolling in their school. Can the school send the records without a parental signature?

Situation 2. Warren County Schools requests a child’s records because the child is enrolling in their school. Can the school send the records without a parental signature? ANSWER: Yes, records are transferred between schools without the parents’ signature.

Situation 3. Your best friend’s niece attends your school. Your friend is super person and wants to know how the niece is doing in school so she can help her niece with her schoolwork. Can you give your friend any information about her niece without the parent’s written consent?

Situation 3. Your best friend’s niece attends your school. Your friend is super person and wants to know how the niece is doing in school so she can help her niece with her schoolwork. Can you give your friend any information about her niece without the parent’s written consent? ANSWER: NO. Give no information to anyone except custodial parents

Situation 4. A child in your classroom lives with his grandparents, but the parents still have custody. You believe the child has special education needs. Can the grandparents sign to give the school permission to allow the child to be tested?

Situation 4. A child in your classroom lives with his grandparents, but the parents still have custody. You believe the child has special education needs. Can the grandparents sign to give the school permission to allow the child to be tested? ANSWER: Not unless the grandparents have custody. Thus, the answer is no.

Situation 5. Seth’s parents are divorced and his mother has custody. His father wants a conference with you to discuss Seth’s educational progress. Can you give the father any educational records or discuss Seth’s progress with the father without the mother’s release?

Situation Seth’s parents are divorced and his mother has custody. His father wants a conference with you to discuss Seth’s educational progress. Can you give the father any educational records or discuss Seth’s progress with the father without the mother’s release? ANSWER: Absolutely. Unless parental rights have been terminated for one or both parents, they both have access to child’s records, information, etc.

Situation 6. Your site based council members want to study the individual test scores of the entire 4th grade. Can the parent do this?

Situation Your site based council members want to study the individual test scores of the entire 4th grade. Can the parent do this? ANSWER: No, they may not examine individual student scores, but they may examine whole group scores.

Situation 7. Mary’s parents are fighting a bitter divorce. Mary’s mother wrote a note to the school to tell them not to allow Mary’s father to see any of her educational records. Should the school refuse the father access?

Situation Mary’s parents are fighting a bitter divorce. Mary’s mother wrote a note to the school to tell them not to allow Mary’s father to see any of her educational records. Should the school refuse the father access? ANSWER: Mary’s father has access to all records and information unless parental rights are terminated – even if Mary’s mother doesn’t want him to.

Situation 8. The police were called to your school over a fight. Your neighbor casually asks you what happened. What should you say?

Situation The police were called to your school over a fight. Your neighbor casually asks you what happened. What should you say? ANSWER: Tell your neighbor that you are not at liberty to discuss student situations. No information about a student should be shared.