Understanding Family Educational Rights and Privacy Act (FERPA) in Public Schools
FERPA is a federal law that grants parents and adult students the right to access educational records while also setting guidelines for data release to ensure student privacy. Key terms and exceptions regarding educational records are explained, along with what constitutes personally identifiable information. Learn about directory information allowed for disclosure and the definitions of parent, student, and record under FERPA.
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STUDENT RECORD MAINTENANCE GREEN DOT PUBLIC SCHOOLS WASHINGTON JUNE 20, 2018
Family Educational Rights and Privacy Act (FERPA) FERPA is a federal law passed in 1974 that affords parents and adult students the right to access their student s educational records. Among other provisions, FERPA requires schools to get permission from a parent or eligible student before the school releases data that personally identifies that student.
Family Educational Rights and Privacy Act (FERPA) Key Terms: Educational Records Personally Identifiable Information Directory Information Parent Student Record
Family Educational Rights and Privacy Act (FERPA) Educational Records records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. Are IEPs and health records considered a part of a student s educational record YES Exceptions: Sole possession records used as memory aid Law enforcement unit records Student employment records Treatment records
Family Educational Rights and Privacy Act (FERPA) Directory Information is information not generally considered harmful/an invasion of privacy if disclosed. Name, address, phone number, email Participation in officially recognized school activities such as sports Weight and height of athletes Dates of attendance Grade
Family Educational Rights and Privacy Act (FERPA) Personally Identifiable Information Student s name Parent/family members names Address SSN, SSID or Local ID DOB, place of birth and mother s maiden name This is not an exhaustive list.
Family Educational Rights and Privacy Act (FERPA) Parent means a natural parent, guardian, or an individual acting as a parent in the absence of a parent or guardian. Student means an individual who has been in attendance at the school and the person for whom the school maintains educational records. Record means information maintained in any way, including, but not limited to: Handwriting Video/Audio Computer media Print Text message
Family Educational Rights and Privacy Act (FERPA) Rights of parents and students: To inspect and review education records To seek to amend education records To consent to disclosure of information from education records, except as provided by law
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Annual notification Student/Family Handbook Newsletter Inspection/Review of Education Records Within 45 days of request Amending Education Records Parent/student identify portion of record they believe inaccurate or misleading School must decide within a reasonable period whether to amend as requested If school decides not to amend, must inform parents/students of right to hearing After hearing, if decision is still not to amend, parent/student has right to insert a statement in the record.
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Disclosure Except for specific exceptions, a parent shall provide a signed, dated consent before a school may disclose education records. The consent must specify records that may be disclosed, state the purpose of disclosure and identify the party to whom the disclosure will be made
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Disclosure exceptions: Legitimate educational interest Another school in which a student seeks/intends to enroll Authorized state, federal or local authorities conducting an audit or evaluation of programs Connection to financial aid Officials serving a student under the juvenile justice system Organizations conducting studies on behalf of schools Accrediting organizations Complying with a judicial order In a health and safety emergency Directory information
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Record Keeping An educational agency or institution must maintain a record of each request for access to and each disclosure from an education record, as well as the names of State and local educational authorities and Federal officials and agencies that may make further disclosures of personally identifiable information from the student s education records without consent. This record of access must: Be maintained as long as the file is maintained; Include the parties who have requested or received information from education records; and Include the legitimate interest parties had in receiving information.
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Record Keeping does not apply if the request was from: The parent or eligible student, A properly designated school official for a legitimate educational purpose, A party with written consent from the parent or eligible student, A party seeking directory information, or A party with a law enforcement subpoena or court order which specifies that the existence or contents of the subpoena or court order not be disclosed.
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Redisclosure when disclosing education records, a school should inform the receiving party that the information may not be further disclosed, except when: The disclosure is to a parent/student The receiving party discloses on behalf of the school The disclosure was made to court order, subpoena or in connection to litigation between the school and student The information disclosed was directory information
Family Educational Rights and Privacy Act (FERPA) FERPA Processes Health and Safety Emergencies Disclosure to appropriate parties in connection with an emergency if knowledge of information is necessary to protect the health or safety of the student or others May disclose to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals
Family Educational Rights and Privacy Act (FERPA) What are your school level practices for the various FERPA processes? Requirement Requirement Process Process Annual Notification Example: Student/Family Handbook Inspection & Review Amending Records Record Keeping Redisclosure Audit or Evaluation Heath & Safety Emergency
Cumulative Files The cumulative folder may contain: Identifying information (name, birth date, sex, year in school, address, telephone number, parent s name, ethnic classification, emergency information, including parent s place of employment, family doctor, babysitter, siblings); Attendance records, including date of entry and withdrawal; Grades Results of tests of school achievement, aptitude, interests, Hearing and vision; health and immunization status reports; Records of school accomplishments and participation in school activities; Verified reports of misconduct, including a record of disciplinary action taken; and such other information as will enable staff to counsel with students
Cumulative Files Documents must be maintained, and then destroyed For 100 years: Report Card(s) Copy of elementary enrollment progression Middle/junior high school transcript High school transcript Record documenting successful requests for changes to the official student record For 3 years: File Access Log Student name, DOB, Gender, Race SSID and Local ID Picture Card Parent Contact Information Emergency Contact information Standardized Test Scores Attendance Date of Entry and Withdrawal Honors Activities 8 years: Student Health Screenings Upon Graduation or Withdrawal: Immunization Status
Supplemental Files Supplementary student files may be maintained in connection with special school concerns about the student, such as: Confidential health information or reports connected with assessment and placement of a student who is formally identified as a focus of concern; Reports from nonschool persons and organizations such as physicians, psychologists and clinics, except for general screening purposes; Reports pertaining to specific problems associated with the student; and current reports of psychological tests and progress reports related to a student s disabling condition. All such reports included in records will be dated and signed.
Supplemental Files Examples Documents must be maintained, and then destroyed For 6 years: Homeless student services documentation Housing survey Parent communication MV Coordination with other agencies MV Special program documentation Nominations, observations, recommendations Screening, interview, intake forms Testing results Parent communication Appeals For 3 years: Title III/TBIP documentation Home language survey ELPA 21 placement and annual test Parent communication, notification, etc. Documentation of student exit
Special Education Files Stored Separately Documents must be maintained, and then destroyed For 6 years after separation from program: Special Education History File For 5 years after separation from program: Special Education History File Did Not Qualify
Files Storage Files should be secured Locked cabinet, locked building, locked room Secure, encrypted digital file storage
Internal School Record Keeping Practices What are the protocols for cumulative and supplemental file maintenance? Are there ways file organization can be strengthened?
Resources in the Drive Sample policy & procedure (WSSDA) Example cumulative forms (Spokane Public Schools) Record retention schedule OSPI FERPA one-pager
