Student Records & FERPA

1. Student Records & FERPA A. Hudak, K. Arnett, K. Richardson, & H. Zimmer

2. See What You Know! • Quick common sense quiz will be handed out now to test your knowledge on the topic! • Dr. Decker has approved this as part of your participation grade for the week 

3. Case Example • Owasso Independent School Dist. v. Falvo, 534 U.S. 426 (2002). • Mother of 3 argued that peer grading violated the Family Educational Rights & Privacy Act of 1974 (FERPA) • Courts were deciding if peer graded work is considered an ‘educational record’

4. Ruling of Case Example • The Supreme Court found that graded student work and peer grading are not “maintained” student “educational records” and therefore are not covered under FERPA. • “Educational records”: “any information maintained by a school that is directly related to a current student”, (Schimmelet al, 2010, p 152).

5. Rationale & Objective Schimmelet al, 2010 • Issues of student privacy abound in the public school classroom. • Teachers need a better understanding of how to confront these legal issues as they arise. • Teacher will be able to discuss the main features of the Family Educational Rights & Privacy Act (2000) • Teachers will be able to explain how the Act applies to teachers, students, & parents

6. FERPA • Passed by Congress in 1974 to clarify who may and may not see student records • Establishment of student records was originally a development that enabled staff members to have information about the whole child, rather than just grades and subjects • Parents had little knowledge about these records or how they were used

7. Five Features of FERPA • Break into groups of 4 and discuss these features amongst your group • Summarize the meaning behind each feature • We’ll come back in about 15 minutes to review these as a class

8. Five Features of FERPA Cont’d • The Right to Be Informed • Protects Confidentiality • The Right of Access • The Right to Challenge • The Right to File Complaints

9. Application- Quiz Review • 1. False: FERPA doesn’t require teachers to get permission • 2. False: custodial & noncustodial parents have rights to records, unless a legal document prohibits • 3. True: parents have rights to a hearing if records thought to be inaccurate or misleading • 4. True: FERPA requires notification to parents each year of their rights • 5. True: parental consent is not necessary before sharing records • 6. False: parents are not permitted to see personal notes of teachers, counselors, or administrators

10. Application- Quiz Review • 7. Depends: depends on case; FERPA only applies to student records • 8. False: Truth is a defense to charges of defamation • 9. True: Family Policy Compliance Office established to investigate complaints from parents about failure to comply with FERPA

11. Assessment • FERPA Summary Sheet provided • Inform, Inspect, Challenge, Confidential, and Complain overall basis of cheat sheet 

12. FAQ • All schools that receive gov’t funds are required to follow FERPA • Students can assert their rights once 18 or begin attending postsecondary school • Students who apply to a postsecondary school may waive their right to inspect letters of recommendation • The Act does not prohibit school staff from disclosing info about students that isn’t recorded • Parents cannot sue however federal funds can be withheld if a violation occurs • Work/homework may not be included in FERPA; refer back to case summary info

13. References • Schimmel, D., Eckes, S., & Militello, M. (2010). Principles teaching the law: 10 legal lessons your teachers must know. (pp. 149-160). Thousand Oaks, CA: Corwin. • Owasso Independent School Dist. v. Falvo, 534 U.S. 426 (2002).