Student Data and Confidentiality

1. Student Data and Confidentiality Parents Rights Schools’ Responsibilities

2. Native American Information System (NASIS) • What and Why • A web based student information data collection tool that keeps protected student data • Not a personnel system but will have High Quality Teacher information • To fulfill our reporting requirements to the Department of Education (Titles, Special Education, Safe and drug free and so on) • Indian School Equalization Formula – school funding

3. NASIS – Confidentiality Concerns • A BIE First! All schools on one system. • But schools and parents are concerned about: • Security of student information • Conclusions reached about schools when information is not fully understood • Information being disseminated without policy or controls First Step – Family Educational Rights and Privacy Act FERPA

4. What is FERPA • FERPA is a Federal Law • Also known as the Buckley Amendment • Protects the privacy of a student’s educational records • Applies to all educational agencies or institutions that receive funds under any program administered by the Secretary of Education

5. Is All Student Information Protected? • There are two types of student information defined by FERPA • Directory Information • Other Educational Records

6. What is Directory or Public Information? • " . . . information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed."

7. Directory Information • Student’s full name • Address • School assigned e-mail address • Telephone listings • Date and place of birth • Degrees and awards received • Dates of attendance • Most recent previous school attended • Classification • Participation in officially recognized activities - sports • Weight and height of members of athletic teams

8. Directory Information can NEVER include: • Social security number or • Student identification number • Race • Ethnicity • Nationality • Gender

9. Can directory information be released to anyone who requests it? • NO - If the parent or eligible student has requested that directory information be withheld, no information can be released • outside of BIE except as provided by law.  • to anyone within BIE who does NOT have a need to know. 

10. Can directory information be released to anyone who requests it? • YES - If the parent or eligible student has NOT requested that directory information be withheld.  

11. With Holding Directory Information • Who has the right to request this information be with held? • Parents • Eligible students (18 or older) • How will a school know information is to be with held? • YEARLY – Notify parent’s or student of their rights • Inform parents or student of what is included as directory information • Provide parents or student an opportunity to opt out of disclosure of directory information

12. What does that mean to Schools ? • Has the school properly notified parents and eligible students • A school cannot disclose directory information without parents being notified • This does not keep us from disclosing for audits, federal reports and other legal or ‘right to know’ circumstances. • A school must keep records of disclosures

13. What can not be disclosed? • Other personally identifiable information (not directory information) • Requires specific written permission to disclose • Medical records may not be disclosed to a second party

14. What are educational records? • Records -- handwriting, print, computer, videotape, audiotape, film, microfilm, microfiche or e-mail – of an institution that • Contain information directly related to the student and • Are maintained by an agency or institution or party acting in its behalf.

15. Education records do not include (Should not be included in Education Record) • Records/notes in sole possession of maker not accessible or revealed to any other person (a teacher’s notes) • Medical records (cannot be disclosed) • Employment records when employment is not contingent on being a student • Records created and maintained by a law enforcement unit used only for that purpose • Information on a person that was obtained when no longer a student (i.e., alumni records)

16. Personnel at Schools • You have access to information only for legitimate use in completion of your responsibilities as an employeeof the school. • Access to the NASIS system is to assist you – not for personal access to information about a student. • A record must be kept of information going from a school to an outside entity.

17. Why ? • Maintain consistent information • Per FERPA, maintain a log of what information goes to whom and for what purpose • Protect student information • Assure the parent or eligible student that data the school has about their student (or self) will not be misused

18. Is FERPA just for NASIS? • No • This federal regulation governs care and protection of all student data found at the school.

19. What Should a School Do? • Train all staff on FERPA (once a year) • Maintain documentation of training • Inform parents and eligible students of their rights (once a year) • Keep record of any ‘don’t disclose’ requests • Honor those requests • Set up a log for tracking any disclosures of information • What • To whom • Date

20. Remember . . . When in doubt, don't give it out!