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FERPA and You

FERPA and You. By Suzanne Brown, Diana Burns, & Kate Wolfe. What is it?. FERPA Family Educational Rights and Privacy Act. Federal Law. Passed in 1974 Protects privacy Omnibus Education Bill and General Education Provisions Act. Rights Holders. The right to access their records

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FERPA and You

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  1. FERPA and You By Suzanne Brown, Diana Burns, & Kate Wolfe

  2. What is it? • FERPA • Family Educational Rights and Privacy Act

  3. Federal Law • Passed in 1974 • Protects privacy • Omnibus Education Bill and General Education Provisions Act

  4. Rights Holders • The right to access their records • The right to change information in the records • The right to limit others’ access to those records

  5. Changing Student Records • Request and refusal • Formal hearing • Statement

  6. School Systems • Transferring records • Directory Information

  7. Military Information • National Defense Authorization Act for Fiscal Year 2002 • Schools must provide names, addresses, and phone numbers of secondary students • Opportunity to opt-out

  8. Without Consent • School Requirements • Protection of Schools

  9. Non-Education Records • Notes • Papers

  10. FERPA or HIPAA?

  11. HIPAA • 1996 • Health Insurance Portability and Accountability Act

  12. Conflict • National Association of School Nurses (NASN): because school health records are maintained by employees, the records are subject to FERPA • National Committee for Vital and Health Statistics (NCVHS): health records fall under the category of “entities not covered” • Federal funding? Probably subject to FERPA

  13. School Based Health Centers • Not governed by FERPA • Administered by HIPAA covered-entities • Employed by agency other than a school district • Engage in certain electronic transactions

  14. Correlations of FERPA and HIPAA • Same fundamental ethical and legal principles • School divisions can utilize HIPAA to ensure records meet FERPA and HIPAA standards for transference of information • Guidelines currently being developed • American School Health Association • NASN • National Association of State School Nurse Consultants • Etc..

  15. Seeking Clarification? • Check out the VDOE website to see current VA law statutes

  16. Required Consent • HIPAA: School-based health centers follow state regulations that allow consent of certain treatments without parental consent • FERPA: minors do not have the right to consent to their own treatment, according to federal and state law

  17. Implications: Rights of the Schools

  18. Personal Notes • Jogging the memory • For your eyes only • Don’t share, or they might become records

  19. You Would Have Known It Anyway • Jensen v. Reeves • Well-known incidents • Frasca v. Andrews • Yearbooks, newspapers, etc.

  20. Not for Isolated Incidents of Released Information • Daniel S. v. Board of Education of York Community High School • Not every piece of information is protected by FERPA

  21. Non-Identifiable Information • Bowie v. Evanston Community Consolidated School District #65 • Portions of record not including FERPA information (such as names) can be used • Kryston v. Board of Education, East Ramapo Central School District • Standardized test scores released under certain circumstances

  22. Defense Attorneys • Ibata v. Board of Education of Edwardsville Community Unit, School District No. 7 • Attorneys can look at student records in defense of a school system

  23. Can Only Amend Certain Information • U.S. Department of Education: • Don’t reflect what grader intended or mathematically incorrect • Can’t change a disciplinary decision • Can’t change the opinions of others

  24. Note to Administrators

  25. Familiarize Yourselfand Others • Know your FERPA • Require your secretaries and teachers to understand the meaning and rights of the policy • Hold seminars to explain the policy to parents

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