Family Educational Rights and Privacy Act (FERPA)

1. Family Educational Rights and Privacy Act (FERPA) Prepared by: Amy Krause August 2007

2. Notice of Rights includes: • Notice of Rights is disseminated annually to students and parents and includes: • Right to inspect and review educational records • Right to request changes to educational records • Right to consent to disclosures of personally identifiable information without consent • Right to obtain copy of policy and guidelines.

3. Personally Identifiable Information includes the following: • Student’s name • The name of student’s parent/guardian or other family member • The address of the student or student’s family • A personal identifier, such as the student’s SSN or MOSIS # • A list of personal characteristics that would make the student’s identity easily traceable • Other information that would make the student’s identity easily traceable.

4. Directory Information is: • information contained in the education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.

5. Directory information may include: • Student’s name • Major field of study • Participation in officially recognized activities and sports • Weight and height of members of athletic teams • Dates of attendance • Degrees and awards received • The most recent previous school attended • Photographs – A media release must always be signed before any photos are takenstudents.

6. Parent is defined as: • a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent/guardian in the absence of a parent/guardian (must have documentation why the District considers them to be acting as the parent).

7. Disclosure means • to permit access to or the release, transfer or other communication of educational records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means.

8. When Consent isn’t required: • Refer to Board Policy and Regulation 5141 for specific times when consent isn’t required to release educational records. • Some examples include IEP team members, staff informed of acts of violence, state and federal agencies, law enforcement, Juvenile Court when mandated.

9. Inspection and Review: Parents/guardians and eligible students are permitted to inspect and review the educational records of a student.

10. Allowing Access … When ? • After a request for access to records, the District will allow access within a reasonable period of time, but in no case more than forty-five days after receipt of request. • All requests for access should be directed to the building principal.

11. Explanation and Interpretation: • After opportunity to inspect and review the student’s educational records, the parent/guardian may make a request for explanations and interpretations of the records to the building principal.

12. If you have any questions concerning FERPA: • Refer to Board Policy 5141 for details • Consult your principal • Consult a central office administrator

13. Reminders: • Discussing students in the workroom, hallway, or in public …..Just Don’t Do It! • When parents ask questions which involve other students …tell them that the Right to Privacy Act (federal law) prohibits you from discussing any student other than there own student with them

14. Reminders continued: • Things you discuss when you think no one is listening … your own children or students in the building …you can not be too careful. • Only discuss student issues with those who have a “need to know” - fewer people are “need to know” than you might think

15. CAUTION… • When discussing student situations with other teachers – even when you are seeking professional advice – do not use student names – if the person you are talking to repeats what you have said about a student, you are the person who is legally liable because you shouldn’t have disclosed that information to begin with – the person who repeated it isn’t the one in legal trouble!

16. Phrases to Use When People Put You on the Spot….. • Federal law prohibits me from discussing other students with you. • That is information I am not allowed to give out (or discuss) because it is protected information. • You would need to talk to the principal about accessing your child’s records – there are specific steps in place for that as per Board Policy. • You would need to talk to the principal about amending your child’s records – we have a Board Policy regarding that action.

17. Stop and Think before Talking… • Don’t place yourself in a situation which could lead to trouble – stop and think before you talk to anyone about a student situation. Caution will help protect not only you, but it will help protect the privacy of our students.

18. Congratulations! You have now been… FERPA’d for the year!