FEDERAL EDUCATION RIGHTS AND PRIVACY ACT (FERPA)

Transcription

1 FEDERAL EDUCATION RIGHTS AND PRIVACY ACT (FERPA) The Family Educatinal Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99) is a Federal law that prtects the privacy f student educatin recrds. The law applies t all schls that receive funds under an applicable prgram f the U.S. Department f Educatin. FERPA gives parents certain rights with respect t their children's educatin recrds. These rights transfer t the student when he r she reaches the age f 18 r attends a schl beynd the high schl level. Students t whm the rights have transferred are "eligible students." The Brwnsburg Cmmunity Schl Crpratin maintains recrds n all students wh have attended and are presently attending schls f the Crpratin, said recrds are directly related t the students. FERPA has established parental and student rights with respect t educatin recrds. The statutry definitin f this term is as fllws: (i) Cntains infrmatin directly related t a student; and (ii) Are maintained by an educatinal agency r institutin r by a persn acting fr such agency r institutin. Recrds, which are nt t be cnsidered educatin recrds, include: (1) Recrds in the sle pssessin f the maker f the recrd accessed and revealed nly t a substitute and nt shared with thers; (2) Recrds f a law enfrcement unit that was created by that law enfrcement unit specifically fr law enfrcement purpses; (3) recrds made and maintained in the nrmal curse f business which relate exclusively t a persn wh is emplyed by an educatinal agency in that persn s capacity as an emplyee and are nt available fr use fr any ther purpse; and (4) recrds f a persn wh is eighteen (18) years f age r lder which are made r maintained by a physician, psychiatrist, psychlgist, r ther recgnized prfessinal r paraprfessinal capacity which are made, maintained, r used nly in cnnectin with the prvisin f treatment t the student. Parents r eligible students have the right t inspect and review the student's educatin recrds maintained by the schl. Schls are nt required t prvide cpies f recrds unless, fr reasns such as great distance, it is impssible fr parents r eligible students t review the recrds. Schls may charge a fee fr cpies. Schls are required by FERPA t: prvide a parent with an pprtunity t inspect and review his/her child's educatin recrds within 45 days f the receipt f a request prvide a parent with cpies f educatin recrds r therwise make the recrds available t the parent if the parent, fr instance, lives utside f cmmuting distance f the schl redact the names and ther persnally identifiable infrmatin abut ther students that may be included in the child's educatin recrds. Parents r eligible students have the right t request that a schl crrect recrds which they believe t be inaccurate r misleading. If the schl decides nt t amend the recrd, the parent r eligible student then has the right t a frmal hearing. After the hearing, if the schl still decides nt t amend the recrd, the parent r eligible student has the right t place a statement with the recrd setting frth his/her view abut the cntested infrmatin. Generally, schls must have written permissin frm the parent r eligible student in rder t release any infrmatin frm a student's educatin recrd. Hwever, FERPA

2 allws schls t disclse thse recrds, withut cnsent, t the fllwing parties r under the fllwing cnditins (34 CFR 99.31): Schl fficials with legitimate educatinal interest; Other schls t which a student is transferring; Specified fficials fr audit r evaluatin purpses; Apprpriate parties in cnnectin with financial aid t a student; Organizatins cnducting certain studies fr r n behalf f the schl; Accrediting rganizatins; T cmply with a judicial rder r lawfully issued subpena; Apprpriate fficials in cases f health and safety emergencies; and State and lcal authrities, within a juvenile justice system, pursuant t specific State law. Schls may disclse, withut cnsent, "directry" infrmatin such as a student's name, address, telephne number, date and place f birth, hnrs and awards, and dates f attendance. Hwever, schls must tell parents and eligible students abut directry infrmatin and allw parents and eligible students a reasnable amunt f time t request that the schl nt disclse directry infrmatin abut them. Schls must ntify parents and eligible students annually f their rights under FERPA. The actual means f ntificatin (special letter, inclusin in a PTA bulletin, student handbk, r newspaper article) is left t the discretin f each schl. Brwnsburg Cmmunity Schl Crpratin has designated the fllwing infrmatin as directry infrmatin: Student's name Participatin in fficially recgnized activities and sprts Address Telephne listing Weight and height f members f athletic teams Electrnic mail address Phtgraph (parents f elementary students will be cntacted t secure permissin t put names with phtgraphs) Degrees, hnrs, and awards received Date and place f birth Majr field f study Dates f attendance Grade level The mst recent educatinal agency r institutin attended The right t cnsent t disclsures f persnally identifiable infrmatin cntained in the student's educatin recrds, except t the extent that FERPA authrizes disclsure withut cn-sent. One exceptin, which permits disclsure withut cnsent, is disclsure t schl fficials with legitimate educatinal interests. A schl fficial is a persn emplyed by the Schl as an administratr, supervisr, instructr, r supprt staff member (including health r medical staff and law enfrcement unit persnnel); a persn serving n the Schl Bard; a persn r cmpany with whm the Schl has cntracted t perfrm a special task (such as an attrney, auditr, medical cnsultant, r therapist); r a parent r student serving n an fficial cmmittee, such as a disciplinary r grievance cmmittee, r assisting anther schl fficial in perfrming his/her tasks. A schl fficial has a legitimate educatinal interest if the fficial needs t review an educatin recrd in rder t fulfill his/her prfessinal respnsibility. [Optinal] Upn request, the Schl disclses educatin

3 recrds withut cnsent t fficials f anther schl district in which a student seeks r intends t enrll. [NOTE: FERPA requires a schl district t make a reasnable attempt t ntify the parent r eligible student f the recrds re-quest unless it states in its annual ntificatin that it intends t frward recrds n request.] Plicies f the Crpratin fr reviewing and expunging these recrds: A. The Act cncerns the student recrd f bth elementary and secndary schls. B. The parents rights under the Act extend until the student is 18 years f age r is enrlled in a pst high schl institutin; thereafter, nly the student himself may exercise the rights. C. Parents, students, and legal guardians have a right t examine the student recrds at reasnable times during the schl years. D. A recrd is kept with each student recrd shwing wh examined it, the date n which it was examined, and the purpse f the examinatin. E. Certain persns may examine student recrds withut a parent s cnsent; these include schl fficials, including teachers wh have legitimate educatinal interest, fficials f ther schls r schl systems where a transfer is made, and certain representatives f the state and federal gvernment. Superintendent f Schls Assistant Superintendent Curriculum Directr f Technlgical Services Directr f Transprtatin Assistant Principals Administrative Deans Athletic Directrs All Certified Teachers Schl Psychlgists Student Assistance Crdinatr Occupatinal/Physical Therapists Data Analyst & Managers Administrative Assistants Instructinal Assistants Assciate Superintendent Directr f Pupil Services Directr f Directr f Fd Services Directr f Harris Academy Principals Cmmunity Outreach Liaisn Assistant Athletic Directrs Student Teachers Schl Cunselrs Scial Wrkers Interns Interpreters Nurses Bus Drivers Safety Officers Any emplyee f the Crpratin nt named n this list must receive permissin frm the Superintendent prir t accessing any infrmatin. F. Any persn may receive the recrds, if the parents execute a written cnsent specifying the recrds t be released, the reasn fr such release, and the persn t whm they are t be released. A cpy will be sent t the parents in such case if requested; the parents may als request and receive a cpy f any student recrd frwarded t anther schl r schl system with a transfer. G. A cpy may be furnished pursuant t a curt rder f subpena but nly if the parents are given advance ntice. H. Schls in the Brwnsburg Cmmunity Schl Crpratin will frward educatin recrds including suspensin and expulsin disciplinary recrds t ther schls (private r public) in which any elementary r secndary student seeks r intends t enrll n a full r part-time basis.

4 The Prcedure established fr reviewing the schl recrds: A. Requests t review schl recrds shall be made by a written request t the principal f the apprpriate schl. Printed request frms are available at the schl, but written requests may be made ther than n the prvided frm. B. The written request must be cmpleted prir t the review f the schl recrd. (This frm becmes a part f the student s recrd thereafter.) C. The principal shall have the recrds available fr review and inspectin within ten (10) days after the request has been made and, in any event, n later than frty- five (45) days. D. The principal shall make prvisin fr assistance in the interpretatin f the recrds. Cst fr student recrd review: A. There shall be n fee r csts fr reviewing the student recrds at the schl. B. Cpies f the student recrd shall be furnished t the parent r eligible student upn request, and said cpies shall be reprduced at cst t the parent r eligible student. Release f recrds t ther schl districts: Schls in Brwnsburg Cmmunity Schl Crpratin disclse educatin recrds withut cnsent t fficials f anther schl district in which a student seeks, r intends t enrll. This includes thse students disciplinary recrds that cncern student miscnduct relating t the health r safety f the student, ther students at the schl and members f the schl cmmunity. The discipline recrds apply nly t thse that resulted in suspensin r expulsin r fr the vilatin f a miscnduct rule that relates t a safety r health cncern f the schl. Release f educatin recrds t law enfrcement agencies: USA Patrit Act permits schl t disclse withut cnsent r knwledge f the parent r student persnally identifiable infrmatin frm the student s educatinal recrds t the Attrney General f the United States r his/her designee in respnse t an ex parte rder in cnnectin with the investigatin r prsecutin f terrrism crimes specified in sectins 2332(gX5)(B) and 2331 f the title 18, U.S. Cde. Federal Grand Jury Subpena: Schls may disclse educatinal recrds t the designee in a Federal grand jury subpena withut parental r student ntificatin r recrdatin if s rdered by the curt. Law Enfrcement Subpena: The same rules apply as t Federal Grand Jury Subpenas except that in the case f an agency subpena, schls have the ptin f requesting a cpy f the gd cause determinatin. All ther Subpenas: Fr all ther subpenas, including federal grand jury r law enfrcement subpenas in which the curt des nt specifically rder nndisclsure, prir t disclsing persnally identifiable infrmatin frm a student s educatin recrd, schls must make a reasnable effrt t ntify the parent r eligible student f the rder r subpena in advance f cmpliance, s that the parent r eligible student may seek prtective actin. Release f Directry Infrmatin t Military Recruiters:

5 Schls are required t prvide students names, addresses, and telephne listings t military recruiters when requested. This requirement is subject t parental pt ut rights. PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA) The Prtectin f Pupil Rights Amendment (PPRA) (20 U.S.C. 1232h; 34 CFR Part 98) applies t prgrams that receive funding frm the U.S. Department f Educatin (ED). PPRA is intended t prtect the rights f parents and students in tw ways: It seeks t ensure that schls and cntractrs make instructinal materials available fr inspectin by parents if thse materials will be used in cnnectin with an EDfunded survey, analysis, r evaluatin in which their children participate; and It seeks t ensure that schls and cntractrs btain written parental cnsent befre minr students are required t participate in any ED-funded survey, analysis, r evaluatin that reveals infrmatin cncerning: 1. Plitical affiliatins; 2. Mental and psychlgical prblems ptentially embarrassing t the student and his/her family; 3. Sex behavir and attitudes; 4. Illegal, anti-scial, self-incriminating and demeaning behavir; 5. Critical appraisals f ther individuals with whm respndents have clse family relatinships; 6. Legally recgnized privileged r analgus relatinships, such as thse f lawyers, physicians, and ministers; r 7. Incme (ther than that required by law t determine eligibility fr participatin in a prgram r fr receiving financial assistance under such prgram). Parents r students wh believe their rights under PPRA may have been vilated may file a cmplaint with ED by writing the Family Plicy Cmpliance Office. Cmplaints must cntain specific allegatins f fact giving reasnable cause t believe that a vilatin f PPRA ccurred. The Family Plicy Cmpliance Office in the U.S. Department f Educatin administers bth FERPA and PPRA. Parents and/r eligible students wh believe their rights have been vilated may file a cmplaint with Family Plicy Cmpliance Office US Department f Educatin 400 Maryland Avenue, SW Washingtn, DC