DOCUMENT RESUME EA 028 264 ED 405 643 Protecting the Privacy of Student Education Records. TITLE Revised. Council of Chief State School Officers, Washington, INSTITUTION D.C.; Policy Studies Associates, Inc., Washington, DC. National Center for Education Statistics (ED), SPONS AGENCY Washington, DC. NCES-97-859 REPORT NO Jan 97 PUB DATE 5p.; "Printed by the NCES for the National Forum on NOTE Education Statistics." Legal/Legislative/Regulatory Materials (090) PUB TYPE EDRS PRICE MFO1 /PCO1 Plus Postage. Compliance (Legal); *Confidentiality; *Confidential DESCRIPTORS Records; Disclosure; Elementary Secondary Education; Federal Legislation; Higher Education; *Information Policy; Parent Grievances; Privacy; *Public Policy; *Student Records *Buckley Amendment; *Family Educational Rights and IDENTIFIERS Privacy Act 1974 ABSTRACT Student education records are official and confidential documents that are protected by one of the nation's strongest privacy-protection laws, the Family Educational Rights and Privacy Act (FERPA). FERPA, also known as the Buckley Amendment, defines education records as all records that schools or education agencies maintain about students.' FERPA gives parents and postsecondary students the right to review and confirm the accuracy of education records. This brief summarizes the provisions of FERPA: The act protects privacy, defines an education record, guarantees parent review and appeal, and restricts disclosure of student records. The brief lists additional provisions and provides contact information for the Family Policy Compliance Office. (LMI) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** EPr U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization originating it. Minor changes have been made to improve reproduction quality. Points of view or opinions stated in this document do not necessarily represent PROTECTING THE PRIVACY OF official OERI position or policy. STUDENT EDUCATION RECORDS' State laws can supplement reinforce FERPA. education Student records official are and confidential documents protected by one of the FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive nation's strongest privacy protection laws, the Family Educational Rights and Privacy Act (FERPA). Federal education funds. FERPA, also known as the Buckley Amendment, FERPA requires defines education records as all records that schools schools education local and agencies to annually notify parents of their rights or education agencies maintain about students. under FERPA. The notice must effectively inform FERPA gives parents (as well as students parents with disabilities or who have a primary home in postsecondary schools) the right to review and language other than English. The annual notice confirm the accuracy of education records. This and pertaining to FERPA rights must explain that parents other United States "privacy" laws ensure that infor- may inspect and review records and, if they believe mation about citizens collected by schools and gov- the records to be inaccurate, they may seek to amend Parents also have the right to consent to ernment agencies can be released only for specific them. disclosures of personally identifiable information in and legally defined purposes. Since enacting FERPA in 1974, Congress has strengthened privacy safe- the record, except under authorized circumstances. guards of education records through this law, refining and clarifying family rights and agency FERPA gives both parents, custodial and noncustodi- al, equal access to student information unless the responsibilities to protect those rights. school has evidence of a court order or state law FERPA's legal statute citation can be found in the revoking these rights. When students reach the age U.S. Code (20 USC 1232g), which incorporates all of 18, or when they become students at postsecond- amendments to FERPA. FERPA regulations are ary education institutions, they become "eligible found in the Federal Register (34 CFR Part 99). students" and rights under FERPA transfer to them. FERPA's 1994 amendments are found in Public Law However, parents retain access to student records of children who are their dependents for tax purposes. (P.L.) 103-382. FERPA Protects Privacy FERPA Defines an Education Record FERPA applies to public schools and state or local education agencies that receive Federal education Education records include a range of information funds, and it protects both paper and computerized about a student that is maintained in schools in any records. In addition to the Federal laws that restrict recorded way, such as handwriting, print, computer disclosure of information from student records, most media, video or audio tape, film, microfilm, and have privacy protection states also that laws microfiche. Examples are: This document was prepared by Policy Studies Associates, Inc. under contract to the Council of Chief State School Officers. The document was printed by the National Center for Education Statistics for the National Forum on Education Statistics. The Forum represents the education agencies of the 50 states, the District of Columbia, and five outlying areas as well as professional associations and federal agencies that are users or providers of education data. The views expressed here do not necessarily reflect the policy of the U.S. Department of Education, and no official endorsement should be inferred. The document has been revised in accordance with the final regulations implementing Section 249 of the Improving America Schools Act, Federal Register Vol. 61 (226), Thursday, November 21, 1996, pp. 59291-59298. Revised, January 1997 2 Date and place of birth, parent(s) and/or guardian addresses, and where parents can be contacted in FERPA Guarantees Parent Review emergencies; and Appeal Grades, test scores, courses taken, academic specializations and activities, and official letters If, upon review, parents find an education record is regarding a student's status in school; inaccurate or misleading, they may request changes or corrections, and schools and education agencies Special education records; must respond promptly to these requests. Disciplinary records; Requests should be made in writing, according to an agency's annual notice of procedures for exercising Medical and health records that the school rights to amend records. Within a reasonable time creates or collects and maintains; period, the school or agency must decide if the request to,change,a xecorci is, consistent with ,its own Documentation of attendance, schools attended, If a assessment of the accuracy of the record. courses taken, awards conferred, and degrees parent's request is denied, he or she must be offered earned; If the disagreement the opportunity for a hearing. with the record continues after the hearing, the Personal information such as a student's identifi- parent may insert an explanation of the objection in cation code, social security number, picture, or FERPA's provisions do not apply to the record. other information that would make it easy to grades and educational decisions about children that identify or locate a student. school personnel make. Personal notes made by teachers and other school While parents have a right to review records, schools officials that are not shared with others are not are not required by Federal law to provide copies of considered education records. Additionally, law en- information, unless providing copies would be the forcement records created and maintained by a Schools may only way of giving parents access. school or district's law enforcement unit are not charge a reasonable fee for obtaining records, and education records. they may not destroy records if a request for access is pending. Part of the education record, known as directory information, includes personal information about a student that can be made public according to a FERPA Restricts Disclosure school system's student records policy. Directory of Student Records information may include a student's name, address, and telephone number, and other information typically found in school yearbooks or athletic Local education agencies and schools may release programs. Other examples are names and pictures of information from students' education records with participants in various extracurricular activities or the prior written consent of parents, under limited recipients of awards, pictures of students, and height conditions specified by law, or as stated in local and weight of athletes. agencies' student records policies. The same rules restricting disclosures apply to records maintained by Each year schools must give parents public notice of third parties acting on behalf of schools, such as state the types of information designated as directory and local education agencies, intermediate adminis- information. By a specified time after parents are trative units, researchers, psychologists, or medical notified of their review rights, parents may ask to practitioners who work for or are under contract to remove all or part of the information on their child schools. that they do not wish to be available to the public without their consent. 2 Revised, January 1997 3 Additional FERPA Provisions If an education agency or a school district has a policy of disclosing records, it must specify the criteria for determining school officials within an In 1994, the Improving America's Schools Act agency, including teachers, who have a legitimate amended several components of FERPA, tightening educational interest. Generally, school officials have privacy assurances for students and families. The legitimate educational interest if they need to review amendments apply to the following key areas: an education record to fulfill their professional responsibilities. Parents have the right to review the education records of their children maintained by state Teachers and school officials who work with the education agencies; students and schools to which students apply for entrance may also have access to education records Any third party that inappropriately re-releases In addition, without prior consent of the parent. personally identifiable information from an educa- information from students' records may be released tion record cannot have access to education records to state and local education officials to conduct for five years; audits or to review records in compliance with . . Federal laws. Schools may also disclose information actions taken disciplinary about Information from education records without the consent of against students may be shared, without prior parents in response to subpoenas or court orders. A consent of the parent, with officials in other educa- school official must make a reasonable effort to tion institutions; parent before complying with the the notify subpoena unless the subpoena is issued to enforce a Schools may release records in compliance with law and specifies not to notify the parent. In orders and law enforcement judicial certain emergencies, school officials can provide informa- subpoenas without notifying parents: tion from education records to protect the health or safety of the student or others. Questions? Call the Local School System, State Education Agency, or the Federal Family Policy There are cases when schools or school systems Compliance Office. decide it is in the public interest to participate in If student policy evaluations or research studies. School districts, state education agencies, and the records are to be released for these purposes, the U.S. Department of Education all offer assistance school or school system must obtain prior consent of about FERPA. Before contacting Federal officials, the parent. Signed and dated written consent must: however, you can often get a direct and immediate response from your local or state education officials. Specify the records that will be released; can be The Family Policy Compliance Office State the reason for releasing the records; reached at the following address: Identify the groups or individuals who will re- U.S. Department of Education ceive the records. 600 Independent Avenue, SW Washington, DC 20202-4605 In general, information about each request for (202) 260-3887 records access and each disclosure of information from an education record must be maintained as part of the record until the school or agency destroys the education record. Outside parties receiving records must receive a written explanation of the restrictions on the re-release of information. 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