F.E.R.P.A.. What is F.E.R.P.A. The Family Educational Rights and Privacy Act of 1974,

F.E.R.P.A.

What is F.E.R.P.A.

?

The Family

Educational Rights and Privacy Act

of 1974,

...also known as the Buckley

Amendment; it protects the

privacy of student records.

What does FERPA

provide?

1. The right of parents and

eligible students to inspect and review education records.

2. The right of parents and

eligible students to seek to amend those records.

3. The right of parents and eligible

students to limit disclosure

of information from the records.

FERPA applies to all schools that are

the recipients of federal funding.

Who is protected

under FERPA?

All Students !

The Family Educational Rights and Privacy Act

mandates confidentiality of all students’ records,

including students served by

special education programs.

What constitutes

an educational

record ?

Records which are directly related to the student and which are

maintained by a school site or district.

“Educational Records” generally include any

records in the possession of the

school that contain information directly related to a student.

These records include items such as * grades, * disciplinary records, * special education records, * test results, * attendance records.

The records may be handwritten or in the form of

print, computer, magnetic tape, e-mail, film or some

other medium.

FERPA protects all records, files, documents, and data

directly related to students.

FERPA contains no requirement that certain

records be kept.

This is a matter of district and school policy and/or

state regulation.

Institutions may disclose information

regarding a student without

violating FERPA through what

is known as “directory information.”

In EPS directory

information includes:

•Student’s name* The names of the student’s parents* The student’s address,* The student’s grade

placement, and…

* The student’s extracurricular participation* The student’s achievement awards or honors* The student’s weight and height, if a member of an athletic team, and...

* The student’s photograph* The school or school district the student attended before he or she enrolled in EPS.

Are there any

restrictions on the

release of directory

information?

Yes, the district is required to provide:

Annual Notification

Within the first three weeks of each school year,

EPS publishes in the local newspaper a notice

to parents and eligible students of their rights

under FERPA.

The District’s FERPA policy is also published in parent/student handbooks. Parents and eligible students have the right to restrict the release of any or all of directory informationby completing a written notification for non-disclosure form.Forms are available in school offices.

Who would generally

be permitted access to student records?

1. School officials who have “legitimate educational interest.”

2. Parents of a “dependent student”

as defined by the Internal Revenue Code.

(Biological parents, whether parent has custody of child or not, unless parent’s

rights have been taken away by the court.)

3. Step-parent, if the child is living

with the step-parent.

4. Eligible student (students 18 years

of age.)

5. The issuer of a judicial order or

subpoena that allows the institution

to release records without the parent’s or eligible student’s

consent, however, a “reasonable

effort” must generally be made to

notify the student before complying with the order.

When is the student’s

consent not required to

disclose information?

To school officials with a legitimate

educational interest,

To parents of a “dependent student,”

To federal, state and local education

authorities involving an audit or

evaluation of compliance with

educational programs,

To comply with a judicial order or subpoena,

Health or safety emergency,

Directory information (unless restricted by

parent or eligible student) or...

To the parent(s) or

“eligible student.”

(Requests to disclose should always be handled

with caution and approached on a case-by

case basis.)

Test your

“FERPA I.Q.”

A parent questions her student’s grade in your class. You open your

“grade book” and show the parent her student’s grade as well as other

student grades.

Violation of FERPA?

Yes.

A parent may only have access to their child’s grades.

At a social gathering a teacher shares a discipline

incident that occurred at the school that week. Although

he did not mention the student’s name, he finished

his comments by saying, “Can you believe that he still

started at quarterback Friday night?”

Violation of FERPA?

Yes. It is a violation to share any information contained in a school record, in this case a disciplinary record, with attending personally identifiable information that would identify the student.

A teacher displays graded student work in the

classroom.

Violation of FERPA?

Yes.

A grade is a part of the student’s record. Work may be posted, but the work should not be graded.

A non-custodial parent comes to school and

requests to have a copy of their son’s grades. The school refuses since the

parent does not live within the Edmond Public School District and the child does

not live with them.

Violation of FERPA?

Yes.

A parent has a right to their child’s school record. Whether or not a parent is the custodial parent has no bearing on his/her rights as a parent under the FERPA regulations.

Let’s Review...

What are the rights granted under FERPA?

* The right of parents and eligible students to inspect and review education records.* The right of parents and eligible students to seek to amend those records.* The right of parents and eligible students to limit disclosure of information from the records.

What is the responsibility of school officials regarding FERPA?

Maintain confidentiality of all student records (student information that would possibly be a part of a student’s record) except in the following situations when it would be acceptable to share information:

* With school officials with a legitimate educational interest.* With the parent or “eligible student.”* With Federal, State and local education authorities involving an audit or evaluation of compliance with educational programs.* To comply with a judicial order or subpoena.* In instances that constitute a health or safety emergency.* If it is directory information (unless restricted by parent or eligible student.)

F.E.R.P.A.

Created for Edmond Public Schools