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on 26 April 2014

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Transcript of FERPA

Enacted on 1974
Buckley Amendment
What is FERPA?
All records that directly relate to a student and are maintained by an institution.

It is a
Federal law
that guarantees parents of students and

later students themselves the rights pertaining to the

confidentiality and use of student records.
FERPA applies
to schools that receive federal

funding. Schools could lose funding if they do violate

FERPA. Parties suing under FERPA are not allowed to

receive money as a result of any damages.

School officials with legitimate educational interest,
Records Disposal
"Excluded from FERPA's protection are records relating to an individual who is
employed by an educational agency...Although a [teacher's] file may contain
embarrassing or confidential information,' the public interest in learning
whether those who teach young children are qualified clearly outweighs
her limited right to disclosure privacy. "

Klein Independent School District v. Mattox
When in Doubt Don't Give Out!
Family Educational Rights and Privacy Act

by Ana Rodriguez
must include information regarding a parent's right to inspect and review his or her child's education records,

- the right to seek to amend the records, the right to consent to disclosure of personally identifiable information from the records (except in certain circumstances),

-the right to file a complaint with the Office regarding an alleged failure by a school to comply with FERPA.

The school must also inform parents of its definitions of the terms "school official" and "legitimate educational interest."

Owasso v. Falvo
Can this principal share the student records in the following scenario?
Another school that student is transferring to,

Parties offering financial aid to student,

Other community officials in health emergencies, State, and

Local authorities dealing with juvenile justice system (state by state basis).
What are Educational Records?
5) The right to
File Complaints
4) The right to
3) The right of
2) Protects
1) Right to be
Rights of Parents and Eligible Students
Schools may disclose directory information without consent, if it has given public notice of the types of information it has designated as
directory information.
Annual Notification of FERPA Rights
Check For Understanding

These records can be in any media form: handwritten, print, tape, film, electronic, etc.

What Educational Records are Not:

1. Teacher will be able to discuss
the main features of the Family Educational Rights and Privacy Act.

2. Teachers will be able to explain how the Act applies to teachers, students, and parents.

Personal Notes – kept by a faculty/staff member if kept in the sole possession of the one who made the record.
(FERPA is a “protection of records” law, not a “confidentiality” law.)

Law Enforcement Records – maintained solely for law enforcement purposes & revealed only to law
enforcement agencies.

Employment Records – of those whose employment is not contingent upon being a student.

Medical Records - created by a health care professional used only for the medical/health treatment of the student.
Most information contained in Alumni Records (donations, etc).

Classroom activity and homework that does not become part of the student’s permanent record.

Records containing
Social Security Numbers, grades or any
non-directory information
about a student should be
shredded, not just thrown in the garbage.

Current Broward County Public Schools Directory Definition
• Students’ Name
• Telephone Number
• Residential Address
• Date and Place of Birth
• Major Field of Study
• Dates of School Attendance
• School Sponsored Activities and Sports
• Weight and Height of Athletics Team Members
• Degrees and Awards Received
• Name of the Most Recent School or Program Attended

Florida Law


State Statute 1002.22
What rights does FERPA confer on parents and students?
Both parents may have access to the student record unless there is a court order that prohibits it.

Students may not use FERPA to assess a teacher's grading procedures, only whether the grade was recorded accurately.
Prior to FERPA schools had arbitrary control over student records. Some schools permitted parents to view records of students while other schools denied parents access to information.

Teachers need to understand the privacy issues that surround student information so that teachers can comply with the law when confronted with different privacy issues.
Application of the Law
Small Group Activity
Full transcript