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

2. 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

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

4. 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

5. 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)

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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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

16. 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

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

18. 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

19. 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

20. 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

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

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

23. 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.

24. 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?

25. 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.

26. 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?

27. 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

28. 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?

29. 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.

30. 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?

31. 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.

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

33. 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.

34. 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?

35. 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.

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

37. 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.