Chapter 9: Education Records and Technology Flashcards
What is FERPA?
Family Educational Rights and Privacy Act of 1974
What is PPRA?
Protection of Pupil Rights Amendment of 1978
What is FERPA also referred to as?
The Buckley Amendment
Who does FERPA apply to?
All educational institutions that receive federal funding.
What does FERPA do?
Prevents schools from divulging education record information, such as grades and behavior, to parties other than the student, without that student’s consent.
What rights does FERPA grant to students?
- 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
What is an Education Record?
Any record that is directly related to the student and maintained by the school or by a party on behalf of the school.
What is a Record?
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.
What records are not considered Education Records under FERPA?
- 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
When is disclosure of Education Records permitted?
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
How does the Department of Education define Personally Identifiable Information?
- 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
What is Directory Information?
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.
What are attributes of valid student consent?
- Signed, Dated and Written
Must identify:
- The record(s) to be disclosed
- The purpose of disclosure
- To whom the disclosure is being made
Nondirectory information may only be disclosed with?
Student Consent
When may a school disclose Personally Identifiable Information from an Education Record without Student Consent?
- 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.
