FERPA & PPRA

1. FERPA & PPRA A subtle reminder of our obligation to our school, teachers, students and community

2. Family Educational Rights & Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) • Parents are allowed access to student records • Parents have opportunity to amend student records • Parents have limited control over disclosure of information from student records

3. Family Educational Rights & Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) Two limitations come into effect: • when the student reaches 18 & • when any court order or other legal document prohibits access. • Statute: 20 U.S.C. § 1232 g. & h. Regulations: 34 CFR Part 98 & 99

4. Before we go any further…what is an educational record? • FERPA - “those records, files, documents, and other materials which (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution” 20 U.S.C. § 1232g(a)(4)(A)

5. Before we go any further…what is an educational record? • According to FERPA and U.S.A. v. Miami University; Ohio State University No. 00-3518 Fed App. 0213P (6th Cir. 2002) • Educational records include disciplinary records of the student, but not records kept by law enforcement

6. What about disclosure exceptions? • The Act does not prohibit disclosure “to an alleged victim of any crime of violence…or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by the institution against the alleged perpetrator….” § 1232g(b)(6)(A, B) • Public disclosure is limited to the name of the student, violation committed, and any sanction imposed by the institution. Any other names must be by consent.

7. What about disclosure exceptions? • School officials with legitimate educational interests that need the record to perform their professional responsibility, especially if it means reducing or eliminating the risk posed to the safety and well being of students and the community. U.S. v. Miami University,No. C-2-98-0097 (S.D. Ohio, March 20, 2000)

8. Our Obligation • Ethics in appropriate maintenance, storage, and disposal of student records. Scott v. Minneapolis Public Schools, Special Dist. No. 1, No. A05-649, 2006 WL 997721 (Minn. Ct. App. 2006) • Privacy in relation to gathering research data for the development of special programs designed to benefit student needs. C.N. v. Ridgewood Board of Educ., 430 F3d 159 (3d Cir. 2005); Chicago Tribune Co. v. Board of Educ. of City of Chicago, 332 Ill. App.3d 60, 773 N.E.2d 674 (Ill. App. Ct. 2002)

9. Our Obligation • Inform parents and students of the FERPA guidelines so that they would have opportunity to respond to the issues. Johnson v. Deluz, 875 So.2d 1 (Fla. Dist. Ct. App. 2004) • Err on the side of sensitivity when conducting weekly assessments in the classroom. Owasso Independent School Dist. No. I-011 v. Falvo, 534 U.S. 426, 122 S.Ct. 934, 151 L.ed.2d 896 (2002)

10. Electronic and Digital Footage • D.L. v. Warsaw Community Schools, No. 3:06-CV-229RM, 2006 WL 1195215 (N.D. Ind. 2006). • Lindeman v. Kelso School Dist., 111 P.3d 1235 (Wash. Ct. App. 2005). • Medley v. Board of Educ. of Shelby County, No. 2003-CA-001515-MR, 2004 WL 2367229 (Ky. Ct. App. 2004)

11. References • Essex, N. (2008). School law and the public schools. (4th ed.). Boston, MA: Pearson. • Roth, J., D’Agostino, T., & Brown, C. (Eds.). (2007). Deskbook encyclopedia of American school law. Malvern, PA: Center for Education and Employment Law.

12. References • Student Press Law Center (SPLC). (2000, March). U.S. v. Miami University. Retrieved October 26, 2007 from, http://www.splc.org/newsflash_archives.asp?id=147&year=2000 • U.S. v. Miami University, No. C-2-98-0097 (S.D. Ohio, March 20, 2000) Retrieved October 24, 2007 from, http://pub.bna.com/lw/003518.htm • U.S. Department of Education. (2007, April). Family Educational Rights and Privacy Act (FERPA). Retrieved October 24, 2007 from, http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html