An Introduction to FERPA

1. An Introduction to FERPA The FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

2. What is FERPA? • FERPA is a federal law that protects the privacy interests of parents and students with regard to “education records” • Generally, FERPA gives parents the right to inspect and review their children’s education records, request amendment of the records, and have some control over the release of those record. • It affects every public elementary and secondary school

3. What are “Education Records”? • “Education records” includes: • All records • Files • Documents • And other materials such as films, tapes, or photographs …that are directly related to a student and maintained by an educational agency or by a party acting for the agency

4. Examples of “education records” • Report Cards • Discipline records • Surveys and Assessments • Health Records • Special Education Records • Correspondence between the school and other entities • Information that the school may maintain about parents

5. Release of Education Records • FERPA restricts the release of education records that are “personally identifiable information” (e.g. social security, student name plus info on that student) • Before releasing any such information, the school must obtain parent permission, unless the student 18 or over, or unless an exception applies

6. When Parent Consent is not required • Parent consent is not required when: • Released to other school staff who have a “legitimate educational interest” (i.e., a valid reason) to view the records • There is a student health or safety emergency • To provide “directory information”

7. Directory Information • “Directory information” is student records that are not generally considered harmful, and their release is not considered an invasion of privacy • What’s included in directory information depends on whether it’s released for school purposes (e.g., a graduation program or campus director) OR for an outside purpose (e.g., a private company requests student names for marketing purposes) • Before releasing any information (even if you think it’s director information), contact the Policies & Procedures Officer

8. Parent Rights to Release Directory Information • School districts must establish a policy and give notice as to the specific types of directory information they intend to disclose • Parents retain the right to opt in or out of disclosing directory info (parents fill out a form during registration)

9. Recordkeeping Rules • Any time there is a request for a student’s education records (other than by a parent), schools must maintain a record of: • Who requested the record? • What was the legitimate interest that each party had in obtaining the information? • What record was released and when?

10. Administrative Procedure F19 • F19 is the administrative procedure that further explains FERPA • Forms are provided for: • Parent Conference and/or Student Educational Discussion Permission • Certificate of Nondisclosure • Request for Release of Student Records

11. Important Things to Remember • Disclose education records only with parent consent or under one of the exceptions in FERPA • “Education records” includes ALL records that contain information on a student and are maintained by a school • Give notice to parents of a court order or subpoena for education records before compliance • Document, document, document----keep records of disclosures