Confidentiality

1
Confidentiality

• Family Educational Rights and Privacy Act (FERPA)
• protects the privacy of student written education
  records.
• applies to all schools that receive funds under
  an applicable program of the U.S. Department of
  Education.

2
Confidentiality- FERPA

• FERPA
• What is written educational record?
• All documents (or the personally identifiable
  information contained therein) housed and
  maintained by the school directly related to a
  student
• Includes documents from outside agencies
• Once documents comes to rest in a school, it is
  an educational record
• Oswasso v. Falvo

3
Confidentiality-FERPA

• FERPA
• gives parents certain rights with respect to
  their children's education records.
• rights transfer to the student when
• he or she reaches the age of 18 or
• attends a school beyond the high school level.
• Students to whom the rights have transferred are
  "eligible students."

4
Confidentiality-FERPA

• Parents or eligible students
• have right to inspect and review the student's
  education records maintained by the school.
• Schools are not required to provide copies of
  records
• Unless impossible for parents or eligible
  students to review the records (great distance).
• Schools may charge a fee for copies.

5
Confidentiality-FERPA

• Parents or eligible students
• Right to request that a school correct records
  which they believe to be inaccurate or
  misleading.
• If the school says no to changes
• then right to a formal hearing.
• After the hearing, if school still says no to
  changes
• right to place a statement with the record
  setting forth his or her view about the contested
  information

6
Confidentiality-FERPA

• Generally, schools must have written permission
  to release information in record
• FERPA allows schools to disclose records, without
  consent, to the following parties or under the
  following conditions
• School officials with legitimate educational
  interest
• Other schools to which a student is transferring
• 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.

7
Confidentiality-FERPA

• Schools may disclose, without consent,
  "directory" information
• i.e. student's name, address, telephone number,
  date and place of birth, honors and awards, and
  dates of attendance.
• Schools must tell parents and eligible students
  about directory information and allow them
  reasonable time to request that the school not
  disclose directory information
• Schools must notify parents and eligible students
  annually of their rights under FERPA.
• means of notification (special letter, inclusion
  in a PTA bulletin, student handbook, or newspaper
  article) is left to the discretion of each school.

8
Confidentiality-FERPA

• Areas of concern
• Failure to inform parents, guardians, or eligible
  students of their rights under the Act.
• Failure to provide an opportunity for parents,
  guardians, or eligible students to inspect and
  challenge the accuracy of information contained
  in the student's file.
• Confidential student files are viewed even though
  there is no legitimate educational interest
  involved.
• Careless talk or gossip.
• Confidential files are not properly secured and
  safeguarded.
• Records are not disposed of properly.

9
Confidentiality

• FERPA Violations
• Individuals do not have standing to sue schools
  for violations
• Complaint with Federal Department of Education

10
Course Content

• State laws mandate curriculum while local boards
  determine the methodology
• Determine course content based on district needs
• Must insure that parents have access to
  information about the curriculum and a process to
  review instructional material.
• Courts give local school boards broad discretion
  to oversee non-mandated curriculum
• Kitzmiller v. Dover Area School District
• Intelligent Design

11
Instructional Materials

• Textbooks
• PA School Code establishes procedures for
  textbook adoption
• Most challenges to textbooks are base on 1st
  Amendment religious grounds
• Library books
• Board of Education v. Pico