Family Educational Rights and Privacy Act
And
Classified Employees

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A Federal Law that protects the privacy of student educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
(School Lunch/Breakfast Program, I.D.E.A., Title Programs, etc.)
Board Policy JRA Student Records, Administrative Rule JRA-R

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Certain rights with respect to their children's education records.
These 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.”
Parents or eligible students have the right to inspect and review the student’s education records maintained by the school.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

 records, without consent, to the following parties or under the
§ 99.31):
◦ 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 pursuant to specific State law.

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May disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.
However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.
Schools must notify parents and eligible students annually of their rights under FERPA.

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The primary use for Directory Information by the District is to include this type of information in certain school publications. It is generally not considered harmful or an invasion of privacy if released. Examples of school publications are:
 a playbill or program, showing a child’s role in a drama or music production
 the annual yearbook
 honor roll or other recognition lists published at school or in newspapers
 graduation programs
 sports statistics listed in programs, such as football which may include height and weight of team members.
Directory Information can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to:
 other schools the student is seeking to attend (transcripts, etc.)
 class ring manufacturers
 state or federal authorities auditing, evaluating programs or enforcing state or federal laws
 a court by order of a subpoena
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Schools must notify parents and eligible students annually of their rights under FERPA.

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Student health records and special education information is also protected under FERPA.

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As a school employee you must be careful not to discuss any educational program information relating to students with anyone who does not have a need to know.

Any information directly related to a student, specifically any information recorded in any way, including, but not limited to:
• verbal conversation
• handwriting
• print
• computer media
• video or audio tape
• film
• microfilm
• microfiche
• Any information maintained by educational agencies or institutions, or by parties acting for the agency or institutions
(e.g., special education schools, and health or social services institutions)

Information should not be disclosed (verbal or written) which could identify a student as one who receives special services outside the scope of those who need to know in order to provide such services. This includes but is not limited to such examples as:
1.
Conversations with family and friends
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Conversations with staff members without
“need to know”
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Newsletters
4.
Memos to staff
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Faculty bulletin boards
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Newspaper articles and/or photos

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A female student reported that her picture was held up as an example of information available in a new lunch system, library system, etc.
The student was upset about the public display of her picture, and also was concerned about other possible inappropriate uses of her picture.
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The student ID picture is defined as confidential and should not be used or displayed in any public setting without the student's permission.

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At a church gathering, Jane Doe who works at the local school is sitting next to a long-time friend,
Sally Smith. Sally asks Jane if she knows the new family in town, the Brown’s. Jane said she does and that the children go to her school. Sally asks Jane if there is anything strange about the family
– the children are up at all hours and causing trouble in the neighborhood. Jane tells Sally that one of the children has some serious problems and is receiving special classes and counseling.
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Is this a violation of F.E.R.P.A.?

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A bomb threat is called in to one of the schools.
Susan, the school secretary calls one of her friends,
Carol, in another school to tell her about the incident. Carol asks Susan what happened and did she need to come and get her child. Susan tells
Carol, no John Brown’s son Jimmy, called in the bomb threat.
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Is this a violation of F.E.R.P.A.?

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A student complained that grades could be seen on an office computer and he could see not only his own grades, but grades for the whole class. Isn't that getting a little picky?
A: No, actually, it's not. Everyone who deals with protected student information needs to be cautious about
"passive" and unintended releases of information. This includes leaving information visible on your desk or walking away from a computer screen that displays student information. We even need to be alert to where monitors are placed, so that they are not visible through a window or doorway.

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A bus driver had to break up a fight on the school bus. The driver is very frustrated and tells the other bus drivers that
Suzy Smith is a terror and that she started a fight on the school bus today.
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Is this a violation of F.E.R.P.A.?

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YES!!!

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A housekeeping or maintenance staff member has to go to a school and clean up a break-in. As they talk to other housekeeping or maintenance staff, they tell them that those
Jones boys are trouble – they had to clean up from a break-in that those boys did at the school over the weekend.
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Is this a violation of F.E.R.P.A.?

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YES!!!

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A cell phone has been confiscated and handed to you. You scroll through the contacts and then read the text messages logged into the phone. You decide to call someone from this phone to identify the owner of the cell phone.
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Is this a violation of F.E.R.P.A.?

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YES!!!

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John Brown is creating a disturbance in a classroom. You use the walkie talkie and tell the School Resource Officer or an administrator that John Brown is in Mrs. Johnson’s classroom creating chaos.
Suzy Smith is disrupting the cafeteria. You call on the intercom for the School Resource Office to get Suzy Smith from the cafeteria.
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Is this a violation of F.E.R.P.A.?

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You should ask the School Resource Officer to call you on a secure land line or to come to the office and discuss in private

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You print a list of all students that have custody restrictions and post it by the PA system or the checkout desk.
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Is this a violation of F.E.R.P.A.?

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The person and the District are liable. If you are using a jump/flash drive and you lose it or it is stolen, you must report it immediately to the Director of
Technology.

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The teacher or teachers that work with the particular students.
The principal or other administrative personnel. (This does not include secretaries, custodians, or other support staff that does not directly work with the individual student.)

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Criminal charges may be filed against:
◦ You
◦ The Superintendent
◦ The Board of Education

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Personnel Information (Board Policy GBJ Personnel Records and Files)
An employee’s personnel file includes records and documents concerning the employee
Access to the file is limited to:
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Employee’s school principal/immediate supervisor
Superintendent
School officials involved in the evaluation process
School Board if involved in promotion, demotion, suspension or dismissal
Payroll information is placed in a separate file and this information is limited to persons involved in payroll.
◦ (Employees may not discuss specific personnel and payroll information with any other school or district personnel as well as with anyone outside of the school district. Any questions concerning these matters should be directed to the immediate supervisor.)

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Staff Conduct (Board Policy GBE Staff Rights and
Responsibilities) (Board Policy GBEA Staff Ethics/Conflict of
Interest)
May not use or disclose confidential information in the course of employment
All staff members have a responsibility to make themselves familiar with, and abide by, federal and state laws as they affect their work.

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Use of Computers (Board Policy IJNDB Use of Technology
Resources in Instruction) (Faculty and Staff Acceptable Use
Policy)
Only expect limited privacy of contents of any personal files
Do not provide your password to another person
Do not provide access to district computer systems to anyone, especially non-employees
Email should be primarily used for school-related business
Do not send spam, chain letters, jokes, etc.
District does not monitor email, but monitors the system.
However, email may be requested in eDiscovery or FOIA requests.

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Electronic Mail Retention Procedures (Article 9 General
Retention Schedules for School Districts)
Email may be accessible to the public and some should not depending on the content of the record as determined by
FOIA, FERPA, and HIPAA.
Email is archived and retained for 7 years
Email signatures should contain:
◦ User name
◦ Title
◦ School/Office name
◦ School/Office address
◦ School/Office phone number
◦ School/Office fax number
No other messages may be added to the signature

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When you use a district purchased/owned computer, you are responsible for all activities that occur with that computer at any time of the day.
Your login and password are confidential. If you login into the computer, you are responsible for all activity on that computer. This is why you should never leave your computer unattended or let anyone use your computer while it is logged in under your name.
If you take a district computer home, you are responsible for all activity that occurs on that machine. It is monitored and retrieved.

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Employee Use of Electronic Communication
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An employee will not use an electronic communication device, including a cellular phone or other mobile communications device, while on duty. This includes, but is not limited to, receiving or placing calls, text messages, surfing the Internet, checking phone messages or receiving or responding to email. Cell phones should be turned off at all times.
An employee will not allow a student to use the employee’s cell phone for any purpose.

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 as unprofessional.
Students will not be contacted using personal
 texting.
Employees will use land line phones to contact
 administrator.
communicate with students.

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Employees may post information for students such as homework, practice schedules, etc. on district sponsored websites.
Employees will not post any student or group photographs on any website that is not the official school district website(s).
Employees may not contact students using a student’s personal email accounts (such as yahoo.com, etc.).
Employees may not use their personal email accounts to contact students (such as bellsouth.net, etc.).
All email between employee and student must be through the district email system.

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Employees are encouraged to block students from viewing personal websites or online networking profiles.
If an employee creates and/or posts inappropriate content on a website or profile and it has a negative impact on the employee’s ability to perform his/her job as it relates to working with students, the employee will be subject to discipline up to and including dismissal.
Employees will not use text messaging to contact students. This includes, but is not limited to: coaches, club sponsors, band and cheerleaders.
Formal district communication systems will be used.

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When in doubt – don’t give it out.
Refer requests for student academic information to the appropriate school office.
Information on a computer should be treated with the same confidentiality as a paper copy.
Do not leave confidential information displayed on an unattended computer.
Cover or put away papers that contain confidential information if you are going to step away from your desk.
Do not provide anyone with student schedules or assist anyone in trying to locate a student on campus that is not part of the school staff. Refer them to the school office.
Do not discuss any student or staff information with anyone that does not have a “need to know”
Never discuss student or staff information with anyone outside of the school .

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Never say anything bad about a child or staff member with whom you are working!
If it isn’t positive, don’t say it!
Treat all students and staff as you would like to be treated!