1. 2018-2019 FERPA/Confidentiality Training
An Online Professional Development Course
offered by the Collinsville Public School District
for Collinsville Public School Employees
Equals One Contract Hour of Professional Development

2. Required Professional Development
In accordance with US Statute: 20 U.S.C. § 1232g and Regulation: 34 CFR Part 99
ALL Collinsville Public School employees must ANNUALLY receive training in their responsibilities and obligations under the Family Educational Rights and Privacy Act (FERPA)

3. This self-paced course will:
Clarify the purpose of FERPA.
Define an educational record.
Identify personally identifiable information (PII).
Provide basic information on the requirements of FERPA

4. Professional Development Credit
At the end of this training you will access a quiz to document participation in one contact hour of Family Educational Rights and Privacy training for the period July 1, 2017 through June 30, 2018.
Your principal will receive electronic notification when you have completed FERPA training.

5. What is FERPA?
FERPA is an acronym for the Family Educational Rights and Privacy Act. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records.

6. What is FERPA? Continued ...
The U.S. Congress passed the Family Educational Rights and Privacy Act (FERPA) in 1974 about the same time that other federal privacy statutes were passed.
Congress has amended FERPA several times since its original enactment.
The Family Policy Compliance Office in the US Department of Education is charged with issuing FERPA regulations and monitoring compliance.

7. What is FERPA? Continued ...
FERPA applies to all educational agencies and institutions that receive funds under any program administered by the U.S. Department of Education.
An example of federal funds received by Collinsville Public Schools is funding authorized by the Every Student Succeeds Act (ESSA) of 2015 including : ─ Title IA funds for disadvantaged students ─ Title IIA funds for professional development and ─ Title III funds for English language learner programs.

8. What is FERPA? Continued ...
FERPA is not an open records law.
FERPA is not a data sharing law.
FERPA is a PRIVACY LAW.

9. What is FERPA? Continued ...
FERPA gives parents certain rights in regard to the education records of their student.
Parent FERPA rights transfer to the student when the student reaches the age of 18 or attends a school beyond the high school level.

10. What is FERPA? Continued ...
FERPA is a federal privacy law that gives parents (and eligible students) the right to:
have access to their child’s education records,
seek to have the records amended if the records are thought to contain errors,
consent to the disclosure of personally identifiable information from education records, except as provided by law, and
File a complaint if they feel their privacy rights are violated.

11. What is FERPA? Continued ...
FERPA applies to education records held by public, private and parochial educational agencies and institutions, including:
─ Elementary Schools
─ Middle Schools
─ High Schools
─ School Districts (Local Education Agencies)
─ Career and Technology Schools
─ Post Secondary Schools
– colleges, universities, career centers
─ State Departments of Education
─ U.S. Department of Education

12. What is an Education Record?
“Education records” are documents that:
─ Are directly related to a student ,
─ Contain personally identifying information and
─ Are maintained by an educational agency or institution or by a party acting for the agency or institution.
Examples:
─ Teacher’s grade book Graded student work
─ Files about a student on a computer
─ Files about a student on a portable electronic device
─ Data about a student in a file folder
─ Environmental video showing a student
─ Written information about a student

13. Education Records Are Not:
Sole possession notes used as a personal memory aid by a teacher or principal,
Law enforcement unit records created and maintained by the school resource officer,
Alumni records – information about a student after he or she is no longer a student, and
Peer-graded papers before they are collected and recorded by the teacher.

14. What is personally identifiable information (PII)?
The standard is, can a “reasonable person in the school community” – someone without personal knowledge of the circumstances – identify the student?
PII also applies to information requested by a person whom the school believes knows the identity of the student.

15. What is personally identifiable information (PII)?
Personally Identifiable Information includes direct identifiers such as name, address, and social security numbers.
Personally Identifiable Information also includes indirect identifiers that would have the effect of identifying a specific student, such as race, sex, photographs, medical information and disciplinary records.
“Personally identifiable information” works together with “education records” in determining what information must be protected from disclosure.

16. What is personally identifiable information (PII)?
Student’s Parents Names
Mother’s Maiden Name

17. What is personally identifiable information (PII)?
Student’s Name
Student’s Date of Birth

18. What is personally identifiable information (PII)?
Social Security Number
Student’s Home Address

19. What is Directory Information?
Directory information is defined as personally identifiable information that is not generally considered harmful or an invasion of privacy if disclosed.
The primary purpose of directory information is to allow the school or the district to include information from a student’s education records in selected school publications, such as:
─ Including a student’s name in a playbill for a school drama production
─ Including photos of a student in the annual year book
─ Listing a student’s name on an honor roll or other recognition list
─ Listing a student in a graduation program
─ Including a student’s height and weight in a sports activity program

20. What is Directory Information?
Directory Information can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.
Before releasing Directory Information to individuals, vendors or outside organizations, Collinsville Public School Employees should consult with their building principal or supervisor or the Director of Special Services.

21. What is Directory Information?
Directory information cannot include a student’s social security number and generally cannot include a student’s ID number.
A regulation released on December 02, 2011 expanded “directory information” to include a student ID number or other unique personal identifier that is displayed on a student ID badge

22. Who is a parent under FERPA?
Under FERPA, parent refers to a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
In the case of divorce or separation of a student’s parents, schools are required to give full rights under FERPA to either parent unless the school is provided evidence - court order, state statute, or legally binding document – that specifically revokes these rights.

23. Who is an “eligible student”?
When a student turns 18 years old, or enters a post-secondary institution at any age, the rights under FERPA transfer from the parents to the student, and he or she is known as an “eligible student” under FERPA.

24. Other Required disclosures
In addition, the Elementary and Secondary Education Act of 1965 (ESEA) requires local educational agencies (LEAs) receiving assistance under the ESEA to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.

25. What rights do parents and eligible student have?
Right to inspect and review education records;
Right to request amendment of education records’;
Right to consent to disclosures, with certain exceptions; and
Right to file a complaint with the U.S. Department of Education.

26. Right to Inspect and review education records
Parents or eligible students should submit a written request to the school principal that identifies the records they wish to inspect.
The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
Schools must comply with a request to inspect and review education records within 45 days of receiving the request.

27. Right to request amendment of education records
A parent or eligible student may request that an education record be corrected if they feel the information in the record is incorrect.
A parent or eligible student should identify in writing the education record believed to contain inaccurate or misleading information and specify why the record should be changed.
The school must notify the parent or eligible student of their decision to amend or to not amend the identified education record.

28. Right to Consent to Disclosures
A parent or eligible student shall provide a signed and dated written consent before a school may disclose education records, except for specific exceptions.
The consent must:
─ Specify the records that may be disclosed;
─ State the purpose of the disclosure; and
─ Identify the party or class of parties to whom the disclosure
may be made.

29. Right to file a complaint
A parent or eligible student may file a written complaint with the U.S. Department of Education, Family Policy Compliance Office (FPCO) if they feel their rights under FERPA have been violated by a school.
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D. C
The complaint must submitted to FPCO within 180 days of the date of the alleged violation.

30. Annual Notification of Rights
Schools must annually notify parents of students and eligible students of their rights under FERPA.
Directory information notification may be included within the annual notification.

31. Directory Information
Public notice must be given to parents of students in attendance and eligible students in attendance concerning “directory information”.
A parent or eligible student may not use the right to opt out of directory information disclosures in order to prevent a school from requiring a student to wear, to display publically, or to disclose a student ID card or badge.
A school may adopt a limited directory information policy that allows for the disclosure of directory information to specific parties, for specific purposes, or both.

32. What would you do?
The following are scenarios featuring FERPA questions that have been submitted to the USDE FERPA enforcement office. They are presented here to help you think about how you would respond if you are involved in similar situations.
**Disclaimer**
None of these scenarios are based on incidents that are attributed to Collinsville Public Schools. School names and other details in each scenario are used to localize the possibility that such a situation is possible.

33. What would you do? Directory Information: Reporter Request
Highland Heights Elementary school designates name, address, telephone number, address, honors and award received as directory information. A reporter from the Examiner Enterprise calls the school and informs the principal that she is writing an article about the success of Hispanic students. The reporter asks for the name and contact information for all the Hispanic students who made the honor roll for the current school year. Are the names and contact information for all Hispanic students who made the honor roll for the current school year “Directory Information”? Should the principal release the information?

34. No
You cannot link “directory information” (student’s name) with a non-directory item (race or ethnicity).
The principal could notify the parents of eligible students and ask them to sign a consent form giving permission to disclose the students’ names and contact information to the reporter.

35. What would you do? Directory Information: Disability
Brewer Middle School designates name, address, telephone number, address and honors and awards received as “directory information”. A non-profit organization that has programs for special needs children asks the special education teacher for directory information on students who have ADHD and autism. Can the names and contact information for these students be disclosed to the organization as “directory information”?

36. No
You cannot link “directory information” (student’s name) with a non-directory item (disability status).
The school could notify the parents of these students and ask them to sign a consent form giving permission to disclose the students’ names to the organization.

37. What would you do? Disclosure to Police Officer
A Collinsville Police Officer shows up at the main office of Collinsville High School and asks the attendance secretary if a student is attending school today. The police officer does not have a search warrant or subpoena. The police officer wants to speak to the student regarding some gang violence that occurred three weeks ago, after school hours and off school property. Can the school tell the officer whether or not the student is attending school today?

38. Technically, No
The definition of “directory information” includes “dates of attendance”, it does not include the specific daily records of a student’s attendance at school.
So, while the school could not disclose that specific information to the policeman, absent a subpoena, the principal could call the student to the office to talk to the officer.

39. What would you do? Law Enforcement Unit Maintaining Records
A student is expelled from Collinsville Middle School. A copy of the disciplinary record is sent to the school’s School Resource Officer (SRO) with a request that the student not be allowed to return to the Collinsville Middle School campus. The SRO maintains that record and discloses the student’s name to a reporter in response to an open records request. Is the disclosure permissible under FERPA?

40. No
The student’s disciplinary record, although now maintained by the school’s SRO, does not become exempt from the definition of “education records” just because it is maintained by the SRO.
The disciplinary record is part of the student’s “education records” and cannot be disclosed by the SRO to the media.

41. What would you do? Teacher as Witness
A teacher at Wilson Elementary personally witnesses a bullying incident in which one student physically and verbally abuses another student. Can the teacher call the victim’s parents and tell them what she observed and who she saw bullying their child?

42. Yes
FERPA prohibits the improper disclosure of information derived from “education records.”
Information that is based on observation or hearsay and not specifically contained in “education records” would not be protected from disclosure under FERPA.
If the incident had been reported and documented before the call was made, the call would have been an improper disclosure of information derived from “education records”, even though the caller was a first hand witness to the incident.

43. What would you do? Disciplinary Records Request
A student who attended Collinsville High School has moved to Sperry. A school counselor at Sperry High School has contacted Collinsville High School requesting the student’s disciplinary records while attending CHS. Does Collinsville have to disclose the student’s discipline records to Sperry?

44. FERPA Would Permit
FERPA only requires disclosure to parents and eligible students. FERPA does not require that a school disclose “education records” to a new school to which the student is transferring; it permits the disclosure.
However, ESEA (ESSA)) requires that each school receiving federal funds (Title I, Title II, Title III) have a procedure in place to facilitate the transfer of disciplinary records.

45. What would you do? Dually Enrolled Students
A Collinsville High School senior, who is not yet 18, is also taking classes at Rogers State University. Have FERPA rights transferred from the parents to the student? Can her parents see her “education records” without her consent?

46. It’s Complicated
At the high school, the rights under FERPA have not transferred to the student because she is under 18. However, at the local college, the student is considered an “eligible student” and the rights belong to her for “education records” at the college. The high school and college may share records on students who are attending both schools. If the college sends “education records” to the high school, her parents have FERPA rights to her college records received by the high school.

47. What would you do? Disclosing “Eligible Student” Records to Parents
When a student turns 18 years old, the rights under FERPA transfer from his parents to the student. Can Collinsville High School disclose information from an eligible student’s education records to his parents without consent of the student?

48. Yes -Maybe
If the student is still living at home and is claimed as a dependent by the parent for IRS tax purposes, the school can share any information from the student’s education records with the parents, even if the student has not provided consent or even if the student objects.

49. What would you do? Student Health Records
The school nurse at Skiatook Schools wants to share information with teachers and administrators. Which law, FERPA or the HIPAA Privacy Rule, protects the privacy of student health records?

50. FERPA
At an elementary or secondary school, any records that a school nurse maintains that are directly related to a student are considered “education records” subject to FERPA. A school nurse may share information on students with other school officials if the school officials have a legitimate educational interest in the records, i.e. the health and safety of the student or the health and safety of the school environment.

51. If in Doubt, Don’t
Share information about a student with colleagues and co-workers.
Give out information about a student to anyone.

52. If in Doubt, Do ...
Refrain from talking about a student with colleagues and co-workers.
Seek clarification from your principal or supervisor about:
─ What information can be shared about a student,
─ When it is appropriate to share information, and
─ Who information can be shared with

53. Professional Development Credit
You have completed the study portion of the
FERPA/Confidentiality
Online Professional Development Course
To Receive Professional Development Credit click here to access the FERPA Quiz