Special Education 101Elementary Dept. Chair

1/27/2009

Confidentiality

Federal Statute

FERPA: Family Educational Rights and Privacy Act

The rights transfer to the student when he reaches 18 years of age.

FERPA

access to educational records parental right to inspect and

review records amendment of records destruction of records

FERPA

Applies to all agencies that receive federal funds: Elementary schools Secondary schools Colleges and universities

Federal and State Requirements

The state must ensure the confidentiality of any personally identifiable information and records collected and maintained by the state and local education agencies.

All information regarding an individual student received by the commissioner from a school district or student is confidential.

Personally Identifiable Information

Student’s name; Name of the student’s parent or

other family member; Address of the student or student’s

family; Personal identifier such as the

student’s social security number or student ID number;

A list of personal characteristics or other information that would make the student’s identify easily traceable;

Directory Information

Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy: name, address, telephone number, e-mail

address, date and place of birth, grade level; participation in officially recognized activities

and sports; weight and height of member of the athletic

team; degrees, honors and awards received most recent educational agency or institution

attended.

Prior Consent

Parental consent must be obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies.

Disclosure means. . .

To permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

.

Consent means…

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;  

(b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and  

(c)   (1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime.      (2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).

Exceptions to the rule:

school officials with legitimate educational interests; other schools to which the student intends to transfer

or enroll; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a

student; Organizations conducting certain studies for or on

behalf of the school Accrediting organizations; To comply with a judicial order or lawfully issued

subpoena; Appropriate officials in cases of health and safety

emergencies; and State and local authorities, within a juvenile justice

system, pursuant to specific State law.

FERPA provides a way..

Schools may but are not required to -share information from an eligible student's education records with parents, without the adult student's consent if: the student is claimed as a dependent for

tax purposes; a health or safety emergency involves

their son or daughter; if he or she is under age 21, has violated

any law or policy concerning the use or possession of alcohol or a controlled substance; or

a school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student.

Generally speaking

A student’s records are private. A school district must get

parental consent before sharing “personally identifiable information” with other agencies.

The school should have a list of the names and positions of school employees who can see a student’s records without parental consent.

Activity

“Quotations you don’t want to hear.”

In teacher’s lounge – I can’t believe that I am having to make all those accommodations for Billy. He’s always in trouble, blurts out in class, and never pays attention.

In grocery store to another teacher……I have three ARDs next week for Rachel, Ben, and Jillian. Rachel is the one that really takes up my time. She has failed every spelling test this year.

In Curves to a former colleague who now teaches at another school……..Do you remember Sarah? She got three discipline referrals in one week.

References

Region 18 Service Center, Legal Framework. http://www.esc18.net

Advocacy Inc. http://www.advocacyinc.org/PDF/NewIDEA 5.pdf

Department of Educationhttp://www.ed.gov/policy/gen/guid/fpco/brochures/

parents.html

Wrights Lawhttp://www.wrightslaw.com/

Texas Education Agencyhttp://www.tea.state.tx.us/nclb/ferpa.html