Memo
To:
From: Bob Wood and Rich Shepherd, Student Services
Date: July 1, 2004
Subject: FERPA regulations summary
The Family Educational Rights and Privacy Act (FERPA) is found in the Code of Federal Regulations ( 20 U.S.C. section 1232g; 34 CFR Part 99). This law is designed to protect the privacy of a student’s education records. Schools and school districts must maintain these records which include all files, documents and other media containing information about a student and see that the privacy and confidentiality of education records are safeguarded.
When questions arise about who has the right to access these records, the FERPA regulations allow disclosure of information only under the following conditions:
·Parents (custodial and non-custodial) have the right to review and inspect their child’s education records, unless prevented to do so by a court order. If both parents have remarried, the spouse (step-parent) of the custodial parent has access to records, but, the spouse of the non-custodial parent does not, unless permission from a parent has been given to the school.
·Schools must have a signed and dated written consent from the parent “before an educational agency or institution discloses personally identifiable information from the student’s education records” (section 99.30).
·Schools may disclose records, without parental consent, “if the disclosure meets one or more of the following conditions” (section 99.31):
to school officials
other schools to which a student is transferring
officials for audit or evaluation purposes
appropriate parties in connection with financial aid to a student
organizations conducting approved studies on behalf of the school
accrediting organizations
to comply with a judicial order or lawfully issued subpoena
appropriate officials in cases of health or safety emergencies
state and local authorities within the juvenile justice system
·Schools may disclose, without consent, “directory information” such as a student’s name, birth date, honors and awards, etc. if parents have been given an annual notice allowing them to request that the school not disclose their child’s directory information (section 99.37). Note that the regulation here says that a school “may disclose” directory information; school officials can refuse to release directory information
As shown above, section 99.30 of FERPA makes it clear that disclosure of information from a student’s education records to outside parties (such as a newspaper) is prohibited, unless written consent is first obtained from the child’s parent. Exceptions for written consent outlined in section 99.31 would also not include the press.
There may be appropriate instances where directory information portions of a child’s records could be released to outside parties, such as a newspaper. For example, the names of junior high and high school students who have earned grades that place them on the “honor roll” are often published in the newspaper. However, parents still have the right to annually refuse this type of information disclosure.
If a parent, after reading a school record, disagrees with its contents, he/she could request that it be amended. The following procedure should be followed:
·The parent should identify the portion of the record believed to be inaccurate or misleading.
·The school must decide within a reasonable time whether to amend the record as requested.
·If the school decides not to amend the record, the parent must be informed of the right to a hearing.
·After the hearing, if the decision is not to amend the record, the parent has the right to insert a statement into the student’s record, clarifying their position.
The right to review school records remains with the parent(s) until the student is 18 years old or attends a post secondary institution. Even though a student may be 18, as long he/she is legally dependant for tax purposes, parents retain access rights to records.
When parents request copies of school records, keep in mind the following:
·The school owns and maintains the original copies of student records.
·Parents can receive copies of records.
·Schools have the right to charge for copies
·Schools have up to 45 days to process a request to review or copy records.
·FERPA does not require a school to honor a standing or “blanket” request for records. If parents wish to obtain information from their child’s records on a regular basis, they should submit a request periodically.
Concerning the practice of “peer grading,” where students score each other’s tests and papers, the Falvo vs. Owasso case says:
·Students may correct/score each other’s tests and papers.
·Teachers should not post graded work with students’ names.
·Students should not call out their scores.
·Teachers should treat grade books and student work confidentially.
·Further information can be found at: