Education Flashcards
FERPA
Family educational rights and privacy act
Federal statute that provides students with control over disclosure and access to their education records, make amendments to their own education records, receive annual notice of their rights under FERPA, file complaints with the us department of education
Applies to all educational institutions that receive federal funding
What records are not considered education records under FERPA?
Campus police records Employment records Treatment records Applicant records Alumni records Grades on peer-graded papers
What conditions allow for the disclosure of education records under FERPA?
Information is not personally identifiable
The information is directory information whose release the student hasn’t blocked
Consent has been provided by the parent or student
The disclosure is made to the parent of student
A statutory exception for health or safety purposes
What is considered directory information under FERPA?
Information that would not generally be considered an invasion of privacy or harmful if disclosed.
FERPA does not designate specific information types but allows educational institutions to create their own definitions
Examples include, name date of birth, address, email, phone number, field of study, honors received
What are exceptions to consent of disclosure of education records under FERPA?
School officials who have a legitimate educational interest in the records
Disclosure to educational institutions
Disclosure in connection with financial aid
Organizations doing research
Accrediting organizations
Alleged victims of a sex offense
Disclosure of information related to sex offenders
Law enforcement
Parties in connection with a health or safety emergency
Person or entity that is verified as the party that provided the record
What is an educational record under FERPA?
Records directly related to a student, and is maintained by the educational institution or on behalf of the institution
Includes, grades, financial aid records, disciplinary records etc
PPRA
Protection of pupil rights amendment
Was created in response to concerns around the collection and disclosure of student information for commercial purposes
Applies to all elementary and secondary schools that receive federal funding
Provides parents of minors certain rights with regards to the collection of sensitive information from students through surveys
FERPA and HIPAA
Health records are exempt to HIPAA if they are already subject to FERPA.
FERPA and HIPAA may both apply at the college or university level where a healthcare clinic treats student and non-students (faculty and staff)
Education technology
Technology company activities, applications and software are subject to education laws.
Student and parents rights under FERPA
When a student becomes an adult they are now in control of rights connected to education records rather than the parents
If a student is attending a post secondary institution they are in control of their rights regardless of age
A school may disclose educational records of the student to the parents without their consent where the student is a dependent for tax purposes