Module 8: Education Privacy Flashcards
Discuss the trigger for federal statutory requirements of educational institutions
Education records, for institutions that receive federal funding, have privacy protections under US law.
Education privacy focuses on grades, disciplinary actions, and other school info about a particular student.
Practitioners should be careful to follow any applicable state and local laws (since education in the US has been governed largely at those levels)
State the commonly used name for the Family Educational Rights and Privacy Act of 1974 (FERPA)
FERPA (a federal statute providing students with control over disclosure and access to their education records) is often referred to as the Buckley Amendment (after Senator James Buckley)
Describe the primary restriction placed on educational institutions under FERPA
FERPA generally prevents schools from divulging education record information (such as grades and behavior) to parties other than the student without that student’s consent.
“Education record” has a broad meaning. FERPA describes it to include all records directly related to the student and maintained by the school or by a party on behalf of the school. And it’s not only educational records…also includes financial aid, disciplinary records, etc.
Explain the circumstances under which FERPA rights move from parents to the student
When a student turns 18 (legal status changes to adult), at least that is the case for high schools.
For colleges, the student has FERPA rights. no matter his/her age. However, schools may still disclose to parents if the student is a dependent for tax purposes.
Explain the term “directory information” under FERPA
Rules for “directory information” are less strict under FERPA.
Directory information is broadly defined to include info that would not generally be considered an invasion of privacy or harmful if disclosed (i.e., name, address, email, phone).
Institutions must give students the chance to opt-out or block the release of their directory info
Describe the major aspects of the Fair Information Practice Principles incorporated into FERPA
- Notice
- Consent
- Access & Correction
- Security & Accountability
List the federal agency responsible for enforcement of FERPA
The US Department of Education
There is no private right of action under FERPA (though sometimes state law allows it).
Violations can lead to a school getting cut off from federal funds
Describe the main protections in the Protection of Pupil Rights Amendment (PPRA)
FERPA was amended in 1978 with PPRA. PPRA provides certain rights to parents of minors regarding the collection of sensitive info from students through surveys.
Protected areas of sensitive info include political affiliation, mental/psychological problems, sex behavior/attitudes, illegal/self-incriminating behavior, critical appraisals of others, legally recognized privileged or analogous relationships, religious practices, income
Discuss the primary difference in scope between PPRA & FERPA
Unlike FERPA, PPRA does not apply to postsecondary schools. It applies to all elementary and secondary schools that receive federal funding
Explain the circumstances under which schools are exempted from the HIPAA Privacy Rule
Schools are exempted from HIPAA Privacy where educational records are already subject to the privacy regime of FERPA.
General rule: Health records are subject to FERPA (not HIPAA) where a public elementary or secondary school provides a nurse for student health issues. FERPA also applies for university health clinics (only for the student patients)
Discuss the intersection of education technology and student privacy
Will need to come back to this one
Detail how Google resolved the lawsuit filed in 2014 by CA students regarding its Apps for Education
Google agreed to change its business practices to ensure that the information in emails could not be used for commercial purposes
Describe the primary enforcement mechanism for promises made by educational technology companies who sign the “K-12 School Service Provider Pledge to Safeguard Student Privacy”
Violation of the pledge subjects a company to enforcement as a deceptive trade practice under Section 5 of the FTC Act
