Ch 10 - Education Records and Technology

Question 1

What is FERPA?

Answer 1

Family Educational Rights and Privacy Act of 1974

Question 2

What is PPRA?

Answer 2

Protection of Pupil Rights Amendment of 1978

Question 3

What is FERPA also referred to as?

Answer 3

The Buckley Amendment

Question 4

Who does FERPA apply to?

Answer 4

All educational institutions that receive federal funding.

Question 5

What does FERPA do?

Answer 5

Prevents schools from divulging education record information, such as grades and behavior, to parties other than the student, without that student’s consent.

Question 6

What rights does FERPA grant to students?

Answer 6

• Control the disclosure of their education records to others
• Review and seek amendment of their own education records
• Receive annual notice of their rights under FERPA
• File complaints with the U.S. Department of Education

Question 7

What is an Education Record?

Answer 7

Any record that is directly related to the student and maintained by the school or by a party on behalf of the school.

Question 8

What is a Record?

Answer 8

Any information recorded in a way, not including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. All electronic records and emails are covered by the term computer media.

Question 9

What records are not considered Education Records under FERPA?

Answer 9

• Campus police records created and maintained by school campus police for law enforcement purposes
• Employment records, when the employee is not a student at the university
• Treatment records or health records, subject to several requirements
• Applicant records of those who are not enrolled in the university
• Alumni records created by a school after the individual is no longer a student
• Grades on peer-graded papers, before they are collected and recorded by a faculty member or other university representative

Question 10

When is disclosure of Education Records permitted?

Answer 10

If one of the following conditions ismet:

• The information is not personally identifiable
• The information is directory information whose release the student has not blocked
• Consent has been provided by: (1) the parent, or (2) the student once the rights transfer to the student when he or she reaches the age of 18 or attends only a postsecondary institution
• The disclosure is made to (1) the parent or (2) the student himself or herself once the rights transfer to the student when he or she reaches the age of 18 or attends only a postsecondary institution
• A statutory exception applies, such as for health or safety purposes

Question 11

How does the Department of Education define Personally Identifiable Information?

Answer 11

• The student’s name
• The name of the student’s parent or other family members
• The student or student’s family’s address
• Personal identifiers such as the Social Security number or student number
• Other identifiers, such as date of birth
• Other information that, alone or in combination, can be linked to a student and would allow the student to be identified with reasonable certainty
• Information requested by a person whom the school reasonably believes knows the identity of the student to which the education record is linked

Question 12

What is Directory Information?

Answer 12

Information that would not generally be considered an invasion of privacy or harmful if disclosed. Institutions my disclose Directory Information if they have provided students with an opportunity to opt-out, or block the release of the Directory Information.

Question 13

What are attributes of valid student consent?

Answer 13

• Signed, Dated and Written

Must identify:

• The record(s) to be disclosed
• The purpose of disclosure
• To whom the disclosure is being made

Question 14

Nondirectory information may only be disclosed with?

Answer 14

Student Consent

Question 15

When may a school disclose Personally Identifiable Information from an Education Record without Student Consent?

Answer 15

• Disclosure to school officials who have determined a “legitimate educational interest” in the records. A legitimate educational interest exists if the record is relevant and necessary to the school official’s responsibilities. This group includes school employees and board members as well as third-party vendors (1) to whom the school outsources duties and (2) who are under the direct control of the school regarding use and maintenance of the record. These third parties are not permitted to disclose record information to any other party without consent, and cannot use the record for any other purpose than for which the disclosure was made.
• Disclosure to educational institutions in which a student seeks or intends to enroll, or is currently enrolled, when the disclosure is for a purpose related to the student’s enrollment or transfer.
• Disclosure in connection with financial aid that the student has received or for which the student will apply, when the purpose of the disclosure is to determine the student’s eligibility for aid or conditions to or amount of financial aid.
• Disclosure to organizations doing research studies for, or on behalf of, educational institutions for the purpose of developing predictive tests, administering student aid programs or improving school instruction.
• Disclosure to accrediting organizations to fulfill accrediting duties.
• Disclosure to the alleged victim of a forcible or nonforcible sex offense.
• Disclosure of information related to sex offenders and others when the information is provided to the school under federal registration and disclosure requirements.
• Disclosure to a person or entity that is verified as the party that provided or created that record. For example, if a student transfers high schools, the second school can disclose a student’s transcript to the original school to verify its authenticity.
• Disclosure to law enforcement or otherwise to comply with a judicial order or subpoena. The school must make reasonable efforts to notify the student prior to the disclosure unless it is a legal matter that orders nondisclosure.
• Disclosure to appropriate parties in connection with a “health or safety emergency,” if knowledge of this information is necessary to protect the health or safety of the student or others. The threat of harm must be “articulable and significant,” and the school can take the totality of the circumstances into account in making this determination. Information can be disclosed to any individual with the “ability to assist in the situation—this includes parents, law enforcement, school officials, spouse or partner and other educational institutions, among others.

Question 16

When must an educational institution provide a student access to his/her records after the student has issued a request?

Answer 16

Within 45 days of the request.

Question 17

May a student request correction to their educational records?

Answer 17

Yes, if they believe the records to be inaccurate, misleading or in violation of their privacy.

Question 18

What does PPRA do?

Answer 18

Provides certain rights to parents of minors with regard to the collection of sensitive information from students through surveys. It applies to all elementary and secondary schools that receive federal funding; the statute, however, does not apply to postsecondary schools.

Question 19

What did the No Child Left Behind Act do to the PPRA?

Answer 19

It broadened the PPRA to limit the collection and disclosure of student survey Information.

Question 20

Are schools required to abide by the HIPAA Privacy Rule?

Answer 20

No. The general rule is that health records are subject to FERPA—and not HIPAA—where a public elementary or secondary school provides a nurse for student health issues.

Question 21

Family Educational Rights and Privacy Act of 1974 (FERPA)

Answer 21

Protects student records. Establishes requirements regarding the privacy protection of student educational records. It applies to all academic institutions that receives funds under application US Department of Educational programs. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the right have transferred are referred to as “eligible students.”

Question 22

What is the scope of FERPA?

Answer 22

1. Most colleges and universities
2. Most public schools
3. Few private elementary, middle, or secondary schools

Question 23

What rights does FERPA grant for parents and students?

Answer 23

Parents: maintain rights for students under 18 who are enrolled in school

Students: maintain right to their own records when over 18 or enrolled in postsecondary school at any age

Question 24

FERPA Rights

Answer 24

1. Control disclosure of records to third parties
2. Access student educational records
3. Dispute information in educational records

Question 25

What are considered records under FERPA?

Answer 25

FERPA covers all educational records in any form, digital, or paper.

FERPA Record Types:

1. Grades
2. Transcripts
3. Class Lists
4. Course schedules
5. Health Records (K-12)
6. Financial records
7. Disciplinary Records

Question 26

What is excluded under FERPA?

Answer 26

1. Law enforcement records
2. Application records of nonstudents
3. Alumni records (Created after graduation)
4. Medical and mental health treatment records
5. Sole-possession records
6. Peer-grade work is not covered under FERPA until entered in the course instructors grade book

Question 27

What are permitted FERPA disclosures?

Answer 27

1. Consent
2. Not personally identifiable or falls under directory information
3. Health or safety emergency

Question 28

What are permitted recipients under FERPA?

Answer 28

1. School officials with legitimate education interest
2. Other education institutions
3. Financial aid organizations
4. Researchers
5. Accrediting purposes
6. Law enforcement agencies

Question 29

Where do education technology companies fall under FERPA?

Answer 29

Education technology companies are often designed as “school officials” under FERPA

Question 30

Read the scenario and determine if it qualifies as an exception or non-exception to FERPA’s non-consensual disclosure rules:

3. A late afternoon structural fire has blocked access to a road where several students reside, making it unsafe for them to return to their homes after school until the situation has been resolved. A parent volunteer at the school assists in accessing school records to determine which students are affected so that alternative arrangements can be made for their safety.

Answer 30

ANSWER: Disclosure allowed: As threat of harm is articulable and significant, information can be disclosed to any individual with the ability to assist in the situation

Question 31

Read the scenario and determine if it qualifies as an exception or non-exception to FERPA’s non-consensual disclosure rules:

1. An independent occupational therapist has been contracted by Anytown High School to provide services to five students. He shares one student’s educational history with a former colleague to develop a plan of action to better fit this student’s needs.

Answer 31

Disclosure not allowed: While the school contracted employee has access, sharing it with a third party without consent does not comply.

Question 32

Read the scenario and determine if it qualifies as an exception or non-exception to FERPA’s non-consensual disclosure rules:

4. A subpoena has been granted to a local law enforcement officer to access a student’s records in connection with a criminal matter. While at the school, she hears that another student may be involved and asks to see that person’s records as well, since she’s already there, in order to save time and paperwork.

Answer 32

ANSWER: Disclosure not allowed: While the subpoena grants the officer access to a specific student’s records, she may not have the authority and/or enough information to justify accessing another student’s records.

Question 33

True or false?

The No Child Left Behind Act (NCLBA) broadened the Protection of Pupil Rights Amendment (PPRA).

Answer 33

True

Question 34

True or false?

Technology companies that provide free teaching materials are subject to the laws and regulations of FERPA, PPRA and NCLBA.

Answer 34

True

Question 35

Read the scenario and determine if it qualifies as an exception or non-exception to FERPA’s non-consensual disclosure rules:

2. School Instruction Improvement Company, Inc. accesses school records to verify the demographics of the student body.

Answer 35

Disclosure allowed: Disclosing information to organizations on the behalf of schools for test development, student aid programs or instruction improvement is acceptable.

Question 36

Read the scenario and determine if it qualifies as an exception or non-exception to FERPA’s non-consensual disclosure rules:

5. Anystate University is putting together a financial aid proposal for a student who applied to the school and reviews their records to determine if the student is eligible for an academic scholarship.

Answer 36

ANSWER: Disclosure allowed: As it’s in connection with financial aid for which the student has applied.

Question 37

FERPA regulations require that local education agencies give _____ notification to parents and eligible students of their rights under FERPA (34 CFR § 99.7).

Answer 37

annual

Question 38

How long do FERPA rights last?

Answer 38

At the elementary/secondary level, FERPA rights do not lapse or expire upon the death of a non-eligible student because FERPA provides specifically that the rights it affords rest with the parents of students until that student reaches 18 years of age or attends an institution of postsecondary education.

Question 39

What is the period of time an educational institution has to respond to a request?

Answer 39

FERPA requires that educational agencies and institutions comply with a request by a parent or eligible student for access to education records within a reasonable period of time, but not more than 45 days after receipt of a request.

Question 40

What are the rules of FERPA?

Answer 40

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education.

Question 41

True/ False

The FERPA protects the confidentiality of student educational records. The Act applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds. All public schools and virtually all private schools are covered by FERPA because they receive some sort of federal funding.

Answer 41

True

Question 42

What are the Act has two parts of FERPA?

Answer 42

First, it gives students the right to inspect and review their own education records, request corrections, halt the release of personally identifiable information, and obtain a copy of their institution’s policy concerning access to educational records. (20 U.S.C.S. § 1232g(a)).

Second, it prohibits educational institutions from disclosing “personally identifiable information in education records” without the written consent of the student, or if the student is a minor, the student’s parents. (20 U.S.C.S. § 1232g(b)). Schools that fail to comply with FERPA risk losing federal funding.

Question 43

What are the exceptions that allow the release of student records to certain parties or under certain conditions?

Answer 43

Records may be released without the student’s consent:

(1) to school officials with a legitimate educational interest;
(2) to other schools to which a student seeks or intends to enroll;
(3) to education officials for audit and evaluation purposes;
(4) to accrediting organizations;
(5) to parties in connection with financial aid to a student;
(6) to organizations conducting certain studies for or on behalf of a school;
(7) to comply with a judicial order or lawfully issued subpoena;
(8) in the case of health and safety emergencies; and
(9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. § 1232g(b)(1)).

Question 44

Which records maintained by schools are exempt from FERPA?

Answer 44

(1) records in the sole possession of school officials;
(2) records maintained by a law enforcement unit of the educational institution; (3) records of an educational institution’s non-student employees; and
(4) records on a student who is 18 years of age or older or who attends a post-secondary institution that are maintained by a health professional. (20 U.S.C.S. § 1232g(a)(4)(B)). In addition, FERPA allows, but does not require, schools to release “directory information,” including students’ names and addresses, to the public. (20 U.S.C.S. § 1232g(a)(5)(A)). However, this exception was modified in 2002, and high schools are now required to provide students’ names, addresses and telephone numbers to military recruiters, unless a student or parent opts out of such disclosure.