Data Practices

1. Data Practices Jennifer Wilson School Law, EDPA 5344 Summer, 2011

2. Educational Data

3. F.E.R.P.A. • Public law 93-380, enacted in 1974 • Family Educational Rights and Privacy Act • Protects confidentiality of student records http://www.youtube.com/watch?v=JefYWKAAn5I&feature=related

4. MN Statute 13.32 https://www.revisor.mn.gov/statutes/?id=13.32

5. Definitions • Confidential  data that is not accessible to the subject of the data nor any other member of the public • Not public data  data that is confidential, private, nonpublic, or protected nonpublic. • Private data  data that is not public and accessible to the subject of the data • Public data  data that is accessible to any member of the public https://www.revisor.mn.gov/statutes/?id=13.32

6. Private data is… • Data that is not accessible to the subject of the data nor any other member of the public • Data which is made by statute or federal law application to the data: (a) not public and (b) accessible to the individual subject of that data

7. Definitions, cont. • Educational data  data on individuals maintained by a public educational agency or institution or by a person acting for the agency or institution which relates to a student

8. Educational Data is… • Public • Private https://www.revisor.mn.gov/statutes/?id=13.32

9. Educational Records • Includes • Records • Files • Documents • Other materials • That contain information directly related to a student • That are maintained by an educational institution, agency, or person acting for agency of institution • Does NOT Include • Instructional records • Supervisory records • Records maintained by law enforcement units for law enforcement purposes Essex, 2012, p. 190

10. Rights of Parents • Parents or legal guardians have the right to inspect their child’s records • They may challenge the accuracy of any information found in the file • Another school district in which the student plans to enroll may access the student’s records provided that parents are notified in advance • All of the above Which statement is true: Essex, 2012, p. 190

11. Rights of School Personnel • Teachers, counselors, and administrators who have a legitimate educational interest in viewing records may do so • If challenged, school personnel must demonstrate a legitimate interest in having reviewed the student’s files • Legitimate reason? Essex, 2012, p. 190

12. NOT Rights of School Personnel • Defamation • Slander: oral defamation • “Off-the-cuff remarks and sharing sensitive information regarding a student are absolutely prohibited and may result in liability damages…” • Libel: written defamation • Teacher Lounge Talk? Essex, 2012, p. 190

13. “Desk Drawer Notes” Notes that instructional personnel write, that are only kept for one year, and are not shared with anyone except a substitute teacher are: • Educational data – private • Educational data – public • Not educational data “Records of instructional personnel which are in the sole possession of the maker thereof and are not accessible or revealed to any other individual except a substitute teacher, and are destroyed at the end of the school year, shall not be deemed to be government data.” (MN Statute, 13.32(1.a))

14. Student Health and Census Data • Educational data – private • Educational data – public • Not educational data Health data on students, such as immunization records, notations on mental problems, and records by school nurses are: MN Statute, 13.32 Subd.2(a)

15. Disclosure is permitted when… • Valid court order • To appropriate authorities of the juvenile justice system, prior to adjudication, and with written consent that the data will not be disclosed except as authorized by law • To volunteers who have a legitimate educational interest • All of the above MN Statute, 13.32 Subd.3

16. Disclosure is permitted… • To the juvenile justice system if information about the behavior of a student poses a risk of harm and is reasonably necessary to protect the health and safety of other students • To the commissioner of education for purposes of an investigation of alleged maltreatment • None of the above • Both a and b MN Statute, 13.32 Subd.3

17. Juvenile Justice System • The following educational data shall be disclosed to the juvenile justice system: • Student’s full name • Address • Number • Date of birth • School schedule • Daily attendance record • Photographs MN Statute, 13.32 Subd.8

18. Juvenile Justice System • The following may be disclosed • Use of controlled substance, alcohol, or tobacco • Assaultive or threatening conduct • Possession of weapons or look-alike weapons • Theft • Vandalism or other damage to property MN Statute, 13.32 Subd.8

19. Juvenile Justice System If a principal or chief administrative officer of the school receives a request they must inform the parents. What else can happen? • The parent can object to the disclosure so the school may not provide the data • Nothing shall limit the disclosure of educational data pursuant to court order • A school district and its employees who provide data in good faith are not liable for damages • All of the above MN Statute 13.32, Subd. 8

20. Directory Information The school district may release directory information regarding students, but provide parents a written opportunity to opt out. MN Statute, 13.32 Subd.5

21. Directory information may include: • Name, address, date and place of birth • Participation in extracurricular activities and scores from Gifted and Talented tests, such as an IQ score • Name, phone numbers, and special education information • All of the above Essex, 2012, p. 190 and MN Statute, 13.32 Subd.8

22. Military Recruitment • True • False A secondary institution may release to military recruiting officers the names, addresses, and home telephone numbers of students in grades 10, 11, and 12 MN Statute 13.32 Subd. 5a

23. School Conferences • A parent or guardian is the only individual(s) who can access their child’s educational records • A parent or guardian can provide the school with prior written notice to allow another individual to participate in a school conference and therefore access student records • A grandparent who picks the child up from school every day can participate in a conference with the child’s classroom teacher Which of the following is accurate? MN Statute 13.32 Subd. 10a

24. Data Sharing to Improve Instruction • Educational data may be shared between the Department of Education and the MN Office of Higher Education to analyze instruction in districts for the purposes of improvement. MN Statute 13.32 Subd. 11

25. Data Sharing to Improve Instruction • Student demographic data • Academic performance data • Special academic services received by a student • All of the above The following can be shared: MN Statute 13.32 Subd. 11

26. School Personnel Data

27. Public Employees • All data on public employees is private information unless it is designated public information under MN Statute 13.43.

28. Public Employees • Salary • Type of health insurance • Warning letter • Final disposition of disciplinary action All of the following include public information except: MN Statute 13.43

29. Relevant Court Cases

30. Owasso ISD v. Falvo • An assignment is not considered an educational record as soon as it is graded by another student • Can grades be ‘read’ aloud in class? http://www.wrightslaw.com/law/caselaw/2001/10th_falvo_owasso.htm

31. Achman v. Chisago Lakes Indep. Sch. Dist. • Court concludes that there is insufficient evidence, as a matter of law, to support Achman's claim of an MDPA violation. • Achman has failed to explain or show how any wrongful release of data caused him damage.  http://mn.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19990402_0000022.DMN.htm/qx

32. Questions? ~ Thank You! • “Stars” and “kisses” for your participation!!