FERPA

1. FERPA Dee Crowley Tammy Savage EDL 725 Dr. Rick Geisel

2. What is FERPA? • A federal law that protects the privacy of student education records. • Also known as the Buckley Amendment. • FERPA deals with: • Access to education records • Parental rights to inspect and review records • Amendment of Records • Destruction of Records

3. Purpose of FERPA The Family Education Rights and Privacy Act of 1974 (FERPA) • Ensures that parents have access to their children’s educational records • Protects the privacy rights of parents and children by limiting access to these records without parent consent.

4. Who does FERPA apply to? FERPA applies to all agencies and institutions (schools, colleges) that receive federal funds.

5. Schools must have written permission from the parent or eligible student in order to release any information from a student’s educational record. Disclosure Exceptions: School officials with legitimate educational interest; Schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; Comply with judicial order or lawfully-issued subpoena; Appropriate officials in cases of health and safety emergencies; State and local authorities, within a juvenile justice system, pursuant to specific State law. Release of Records & Rules for Disclosure

6. Directory Information: Can be disclosed without the written consent of the student Release can be restricted with formal request. Annual notice in student handbook. Examples: Name Address Phone/Email Dates of attendance Degree(s)awarded Enrollment status Major field of study Non-directory Information: Cannot be released to anyone without prior written consent of student/parent. Faculty and staff can access with legitimate academic need. Examples: Social Security number Student ID number Transcript Gender Race Educational Records

7. Personal Record Kept by a School Staff Member Educators keep certain records without providing access to parents as long as • made as a personal memory aid • In the personal possession of the individual who made it • Information will never be revealed or made available to any other person

8. What is a Student Educational Record? Just about any information about a student for use in the educational process is considered a student educational record: • Personal information • Enrollment records • Grades • Schedules

9. Landmark Cases Gonzaga University v. Doe (2002) • Court noted that individuals cannot sue for damages for FERPA violations. The Court decided that punishment for violations should be the denial of federal funds to schools that demonstrate noncompliance with privacy laws. Owasso Independent School District v. Falvo (2002) • Decision upheld the constitutionality of peer grading. Actions did not violate FERPA because student records were not being maintained by the peer graders.

10. Example of FERPA Violation:McGilvray v. Moses (1999) During the 1996-97 school year, McGilvray had a one-year term contract with BISD teaching physical education to 4 th, 5 th, and 6 th grade students.   In October 1996, a Wise County juvenile probation officer was scheduled to present a program entitled “Choices” to the 6 th grade class.   In anticipation of the officer's visit, McGilvray prepared a list of the names of forty-two 6 th grade students who McGilvray believed had “attitude” problems.   On the list, McGilvray made a general notation that these students were “thoughtless, disrespect[ful], rude, selfish and uncaring.” On October 9, McGilvray gave the list to a fellow teacher with instructions to deliver it to the officer before his first presentation that morning.   The teacher, Melody Richardson, unfolded the list and felt immediately nauseated upon reading it.   Richardson showed the list to a teacher's aide and asked what she thought Richardson should do with it.   The teacher's aide made a copy of the list, and Richardson gave the list to the principal.   The principal put the list in a drawer and did not deliver it to the officer. The copy of the list made by the teacher's aide soon made it into the small Boyd community and became common knowledge throughout the town.   By 8 a.m. the following morning, a group of angry parents were at the superintendent's office complaining about the list and demanding that McGilvray be fired.   Within days, the district received dozens of letters from parents demanding that McGilvray's contract be terminated or that their children not be in class with her. On November 19, 1996, BISD Superintendent Larry Enis notified McGilvray that her term contract had been proposed for termination for good cause.   As grounds, Enis listed violation of BISD students' rights to privacy, violation of district policy concerning confidential student information, and violations of the Family Education Rights and Privacy Act (FERPA).   McGilvray was also informed that in light of recent events, she could no longer be effective as a teacher within the Boyd school system.

11. Some Basic Rules Rule One: • Student educational records are considered confidential and may not be released without the written consent of the student/parent. Rule Two: • As a faculty or staff member, you have a personal responsibility to protect educational records in your possession. Rule Three: • You have access to information only for legitimate use in completion of your responsibilities as an instructor. Need to know is the basic principle.

12. Resources • Family Educational Rights and Privacy Act (FERPA), Retrieved July 20, 2011, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html • Kritsonis, William Allan PhD. PowerPoint presentation, Retrieved July 20, 2011, from http://www.slideshare.net/Will1945/ferpa-pptMcGilvray v. Moses, Texas Court of Appeals No. 2-99-092-CV, decided December 16, 1999, Retrieved July 20, 2011, from http://caselaw.findlaw.com/tx-court-of-appeals/1384100.html