Education Laws

Question 1

Family Education Rights and Privacy Act of 1974 (FERPA)

grant of authority

Answer 1

congress authority to appropriate federal funds

Question 2

FERPA applies to

Answer 2

education records- records that relate directly to student and are maintained by educational institution agency that receives federal funding

Question 3

not education records regulated by FERPA

Answer 3

1. ancillary records (sole possession of maker/only as personal memory aid/not revealed to another)
2. campus police records
3. employment records (kept in normal course of business)
4. health treatment records (18 or older)
5. alumni and applicant records
6. peer reviewed papers (prior to recorded by teacher or official)

Question 4

FERPA
right to access/review

Answer 4

both parents ands students can access and review records

must provide within 45 days of request

Question 5

FERPA
right to access/review doesn’t apply to

Answer 5

1. college student accessing parental FI or letters of recommendation
2. signed written waiver exempting school from having to provide access to confidential info recommendations for
   - student attending another school
   - application for employment
   - receipt of honor/honorary recommendation

Question 6

FERPA
right to contest accuracy

Answer 6

both students and parents can contest inaccurate or misleading student records

school makes decision to amend or not but must do so
- within reasonable time
- if not amend- must give student hearing and right to insert explanation on records

Question 7

FERPA
release of directory info

Answer 7

educational institution can release name, address, phone, date, place of birth, major, participation in activities and sports, weight and height if athlete, date of attendance, degree and awards etc

must provide
1. notice of info it will release
2. opt out opportunity after

SSN is never considered directory info that can be released

Question 8

FERPA
disclosure

Answer 8

no disclosure of PI without consent unless
1. to another school official
- student wants to attend
- legitimate education interest
2. federal authorities or agencies
3. financial aid
4. to parent or student
5. emergency
6. subpoena
7. victims of sex offenses/ disciplinary for sex offenses
8. secretary of ag
11. child welfare agency responsible for student
12. deidentified

Question 9

enforcement FERPA

Answer 9

department of education - will pull federal funding if can’t come into compliance after finding violation

chief privacy officer has investigation authority to look into written complaints form parent/students for violations prior to DOE pulling funds

Question 10

protection of pupil rights amendment of 1978 (PPRA)

applies to

Answer 10

only applies to survey, analysis, or evaluations conducted by elementary and secondary schools that accept federal funding

Question 11

PPRA

sensitive info surveys

Answer 11

no student should be required to submit to federally funded education program survey, analysis, evaluation that would reveal sensitive info about student

exception: they consent to it

Question 12

PPRA

access policy

Answer 12

must enact policies allowing student/parent to access surveys

Question 13

PPRA

commercial sharing

Answer 13

must have opt out opportunity for commercial sharing of info

Question 14

PPRA

notification of privacy policies

Answer 14

must notify student/parent of policies at beginning of every school year + within reasonable time after substantive changes