Module 9: Education Flashcards
what is covered by privacy in education?
Personal information retained in student records, such as -grades -disciplinary actions -educational software and other programs collection and use of student data
are afforded privacy protection under the Family Educational Rights and Privacy Act and the Protection of Pupil Rights Amendment.
what is FERPA
Family Educational Rights and Privacy Act of 1974 (FERPA)
privacy protection for students and their education records that recieve federal funding
What are the 4 key components of FERPA
- Notice
- consent
- access and correction
- security and accountability
FERPA Nptice
–Students should receive annual notices of their rights
- -Education records are directly related to students and include:
- -academic
- -disciplinary
- -financial information in hard copy or electronic form
FERPA: Access and Correction
Students have the right to:
– Access, inspect and review their personal information held by their school
– Request corrections or updates to their personal information
– Request a hearing if a request to make a correction or update is denied
FERPA: Security and Accountability
Students and applicable parents are given the option to opt out or block the release of directory information
– Social Security numbers or student ID numbers are excluded from directory
information
– Complaints can be filed with the U.S. Dept of Education
FERPA Scenario
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 help develop a plan of action to better fit this student’s needs
Exeception or Non-exception?
Non-exception:
While the school-contracted employee has access, sharing it with a 3rd party without consent is a violation of the regulation
FERPA Scenario
School Instruction Improvement Company, Inc. accesses school records in order to verify the demographics of the student body
exception:
disclosing info to organizations on behalf of schools for test development, student aid programs or instruction improvement is acceptable disclosure
FEPRA Scenario:
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.
exception:
as a threat of harm is articulable and significant, information can be disclosed to any individual with the ability to assist in the situation
FERPA situation
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, they hear that another student may be involved and asks to see that person’s records as well, since they’re already there, in order to save time and paperwork.
non-exception:
while the subpoena grants the officer access to a specific student’s records, they may not have authority and/or enough information to justify accessing another student’s records
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
exception:
since the access is in connection with financial aid for which the student has applied
FERPA Amendment
it allows schools to sell student directory info to commercial entities
directory info includes:
- -name
- -address
- -phone
- -area of study
- -honors’
No Child Left Behind Act of 2001 (NCLB)
broadened PPRA by putting requirements on schools to enact collection, disclosure or use policies regarding personal info about students for commercial purposes
–must be an opt-out option
Protection of Pupil Rights Amendment (PPRA) Amendments
- policy
- notice
- -must provide an opt-out option
No Child Left Behind (NCLB)
- policy
- notice
- -must provide an opt-out option
