Presented by:
Sherman R. Garnett
Coordinator, Child Welfare and Attendance
San Bernardino County Superintendent of Schools
Are you current and well versed in the area of student records? Is it
permissive to place the IEP of a current or former special education
student in the student cum file or deny a separated, never married,
or divorced parent the right in accessing student records? This
interactive session will delve in this issue and many other records
issues that site and district level administrators face daily.
Participants will be quizzed/challenged regarding their current
practices to ensure compliance with the Family Education Rights
Privacy Act (FERPA). Additionally, sample policies and procedures
will be discussed and recommended to participants to ensure that
the rights of all students and parents are being adhered.
Ok, can you answer the questions below without hesitation? They are either totally
true or totally false. If the answer is false, please provide an explanation. Good Luck.
1.
Any current public school student who has
completed Grade 10 may access their
records regardless of their age without
parent permission.
6.
Charter
Schools
may
create
protocols/procedures
that
are
more
stringent than a public school records
request protocol/procedures.
2.
A teacher’s grade book is considered an
education record.
7.
3.
A public school does not have to forward
records to another public school in which
the student is enrolled unless the student
has formally disenrolled from that school.
A parent/guardian must produce a copy of a
birth certificate in order to enroll their
kindergarten or first grade child in a public
school or charter school.
8.
All teachers at the school site are entitled to
access records to any student enrolled at the
school during business hours.
9.
Non custodial parents are not entitled to
student records unless permission is
granted via a court order.
10.
Special Education records such as IEPs,
authorizations, etc., are never to be kept in a
student’s cumulative file. They are not be
placed in a separate confidential file away
from the school site.
4.
A parent request for a copy of an IEP can be
withheld by a school district if the parent or
student owes fees for books, etc.
5.
A parent/guardian must be granted access
to all student records upon their written or
oral request within forty five business days.
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How the agency or institution informs parents and students of their
right.
How parents or eligible student may inspect and review education
records.
The procedure the parent or eligible student must follow to
inspect and review the records.
A description of the circumstances to deny a request for a copy of
records.
A schedule of fees (if any) to be charged for copies.
A list of the type and location of education record maintained by
the agency or institution, and the titles and addresses of the
officials responsible for the records.
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A statement that personally identifiable information will not be
released from an education record without the prior written
consent of the parent or eligible student.
A statement indicating whether the educational agency or
institution has a policy of disclosing personally identifiable
information, a specification of the criteria for determining which
parties are school officials, and what agency or institution
considers to be legitimate educational interest.
A statement that a record of disclosures will be maintained and
that a parent or eligible student may inspect and review that
record.
A specification of the types of personally identifiable information
the agency or institution has designated as directory information.
A statement that the agency or institution permits a parent or
eligible student to request correction of the student’s education
records, to obtain a hearing and to add a statement to the record.
Records
A “record” is defined by the FERPA regulations as “any information recorded in any way,
including, but not limited to, handwriting, print, computer media, video or audio tape, film,
microfilm and microfiche.”
What is an education record?
In order for a document to receive protection under FERPA, it must be considered an
“education record.” An education record consists of those “records” that are: (1) “directly
related to the student”; and (2) “maintained” by an “educational agency or institution” or
by a “party acting for the agency or institution.”
Directly related to the student
According to 34 CF 99.3, “personally identifiable information” is information about a
student that includes, but is not limited to:
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The student’s name;
The name of the student’s parents or other family member;
The address of the student’s family;
A personal identifier, such as the student’s Social Security number or student’s
number;
A list of personal characteristics that would make the student’s identity easily
traceable;
Other “indirect identifiers.” such as the student’s date of birth, place of birth, and
mother’s maiden name;
 FERPA
applies when funds have been made
available under any program administered by
the Secretary of Education to an educational
institution that provides educational services,
instruction or both, to student, or is authorized
to direct and control public elementary or
secondary, or postsecondary educational
institutions.
FERPA grant parents (or eligible students) four specific rights:

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The right to inspect and review the education records relating
to the student maintained by the schools he or she has
attended.
The right to challenge and require the school to amend any
portion of the education records concerning the student that
might be inaccurate, misleading or otherwise in violation of the
student’s privacy rights.
The right to require the school to obtain written consent prior
to the disclosure of personally identifiable information,
expected in those instances specifically noted in the statute
and regulations.
The right to receive notice of the rights afforded them by
FERPA.
 FERPA
regulations at 34 CFR 99.10 provide
that schools must give a parent or eligible
student the opportunity to inspect and
review the student’s education records. This
provision applies to any educational agency
or institution, and state educational agency
and its components. The district must
comply with the request to access records
“within a reasonable period of time, but not
more than 45 days after it has received that
request.” (34 CFR 99.10 (b).)

To teachers or other district officials who have a legitimate
educational interest. 34 CFR 99.1 (a) (1).

To officials of another school system or school where the
student seeks to enroll or has enrolled. 34 CFR 99.1 (a) (2).

To authorized representatives of the Comptroller General of
the United States, the Secretary of the Department of
Education, or state and local educational authorities.
34 CFR 99.1 (a) (3).

In connection with the application for or receipt of financial
aid. 34 CFR 99.1 (a) (4).
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To state and local juvenile justice system or their officials.
34 CFR 99.1 (a) (5).
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To organizations conducting educational studies.
34 CFR 99.1 (a) (6).
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To accrediting organizations. 34 CFR 99.1 (a) (7).
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To parents of an eligible student who is considered a
dependent student under the Internal Revenue Code.
34 CFR 99.1 (a) (8).
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In compliance with judicial order or lawfully issue subpoena.
34 CFR 99.1 (a) (9).
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In connection with a heath or safety emergency. 34 CFR 99.1
(a) (10).
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If designated as directory information. 34 CFR 99.1 (a) (11).

To the parents (of non-eligible student) or to an eligible
student. 34 CFR 99.1 (a) (12).
FERPA spells out 15 separate conditions under which prior parental consent is not
required to disclose information to third parties:
1.
To teachers or other districts
officials that have a legitimate
educational interest.34 CFR
99.31(a) (1).
2.
To officials of another school
system or school where the
student seeks to enroll. 34 CFR
99.31(a) (2).
3.
To authorized representatives of
the Comptroller General of the
United States, the Secretary of the
Department of Education, or state
and local educational authorities.
34 CFR 99.31(a) (3).
4.
In connection with the application
for receipt of financial aid. 34 CFR
99.31(a) (4).
5.
To state and local juvenile justice
systems or their officials. 34 CFR
99.31(a) (5).
6.
To organizations conducting
educational studies. 34 CFR 99.31(a)
(6).
7.
To accrediting organizations. 34
CFR 99.31(a) (7).
8.
To parents of an eligible student
who is considered a dependent
student under the Internal Revenue
Code. 34 CFR 99.31(a) (8).
9.
10.
In compliance with a judicial order or lawfully issued subpoena. 34 CFR
99.31(a) (9).
In connection with a heath or safety emergency. 34 CFR 99.31(a) (10).
11.
If designated as directory information. 34 CFR 99.31(a) (11).
12.
To the parents (of a non-eligible student) or to an eligible student. 34
CFR 99.31(a) (12).
13.
To an alleged victim of a crime of violence, disciplinary records
maintained by postsecondary institutions concerning the alleged
crime. 34 CFR 99.31(a) (13).
14.
In connection with a disciplinary proceeding at an institution of post
secondary education. 34 CFR 99.31(a) (14).
15.
To the parent of a student at an institution of postsecondary education
regarding the student’s violation of any Federal, State, or local law, or of
any rile or policy of the institution, governing to use or possession of
alcohol or a controlled substance. 34 CFR 99.31(a) (15).

FERPA allows parents who believe that their child’s
education records contain information that is
“inaccurate, misleading, or in violation of the student’s
right of privacy” to ask the educational agency or
institution to amend the record, (34 CFR 99.20 (a).) The
agency then must decide whether to amend the record
as requested within “a reasonable time” after it receives
the request, (34 CFR 99.20 (b).) If the agency decides not
to amend the record as requested, it must inform the
parent or eligible student of its decision and of his of her
right to a hearing on the matter, 34 CFR 99.20 (c). The
right to a hearing is established under 34 CFR 99.21.
Further regulation at 34 CFR 99.22 set out certain
minimum requirements for the conduct of such hearing.

The regulation at 34 CFR 99.31(a) (2) allow a school to disclose information from a
student’s education record to another school (including a postsecondary
institution) where the student seeks or intends to enroll. Of course, test scores are
commonly disclosed using the exception. The disclosure is contingent on three
conditions, described in 34 CFR 99.31(a), with which the school must comply:
1.
The school must make a reasonable attempt to notify the parents (or eligible
student) that it is making such disclosure, unless the disclosure is initiated by the
parent (or eligible student), or if the schools annual required FERPA notice
includes a provision that it forwards education records to other agencies or
institutions that have requested the records in which the student seeks or intends
to enroll. 34 CFR 99.31(a) (1).
2.
The School must provide the parent with a copy of the record that was disclosed, if
they request it 34 CFR 99.31(a) (2).
3.
The school must conduct a hearing to consider a parental request to amend the
disclosed record, should they make such request. 34 CFR 99.31(a) (3).

The exception is most frequently used in
connection with students who are applying to
college. More commonly, the parent themselves
have requested the disclosure, obviating the
need for notice or disclosure in the student’s
records policy. Similarly, colleges may obtain the
consent of parents to the release of high school
records as part of the application process. In the
point of fact, transmission of transcripts by high
schools is, of necessity, consensual as between
the parents and the high school, for colleges
demand production of records directly from the
school as a condition of admission.
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FERPA generally does not require schools to transfer records.
IDEA required that, the new district where the student enrolls has
to take reasonable steps to promptly obtain the student’s records,
including the IEP, any other records concerning the provision of
special education or related services from the previous district
where the student was enrolled.
Disciplinary records, which are considered education records
under FERPA, the No Child Left Behind Act of 2001 at 20 USC 7165
requires state with assurances a procedure in place to “facilitate
the transfer of disciplinary records, with respect to a suspension or
expulsion, by local educational agencies to any public or private
elementary school or secondary school for any student who is
enrolled or seeks, intends or is instructed to enroll, on a full- or
part-time basis in the school.”
1.
Creation of Documents
2.
Age Requirements/ Non Custodial
Parents/ 18 year olds/ Step Parents
3.
11.
On- Going Standing Requests
12.
Withholding Records
Grades/ Credits/ Transcripts/
IDEA/504/ Charging of Fees
13.
NCLB Required Issues/ Transfer
of Records
4.
Removal/ Challenging of Records
14.
5.
Use of Non- Attorney Advocates in
Complaint Representation Process
Required Annual Notification/
HOW????
15.
Directory Information/ Military
6.
Teacher and Administrator
Personal Notes
16.
Private Schools/ Charter Schools
17.
Test Protocols
18.
Discipline Records
19.
Birth Certificates
20.
Custodial Court Orders
7.
Records to Law Enforcement
8.
Primary Language
9.
Treatment Records/ Immunization
Records
10.
Maintenance of Records/
Destruction of Records/ State
Regulations