Texas Education Centers
F.E.R.P.A.
Overview
Family Educational Rights and Privacy Act
Security and
Confidentiality of
Information
F.E.R.P.A. is
• 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.
Deypartment of Education. (School Lunch/Breakfast
Program, I.D.E.A., Title Programs, etc.) Board Policy JRA
Student Records, Administrative Rule JRA-R
FERPA Gives Parents:
• 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 still 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.
Generally:
• Schools must have written permission from the parent or eligible student in order
to release any information from a student's education record. However, FERPA
allows schools to disclose those records, without consent, to the following
parties or under the following conditions (34 CFR § 99.31):
– School officials with legitimate educational interest;
– Other schools to which a student is transferring;
– Specified officials for audit or evaluation purposes;
– 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.
Schools:
• 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.
Texas Education Centers
FERPA Statement
• The Family Educational Rights and Privacy Act (FERPA) is a federal law that
requires the school district, with certain exceptions, to obtain your written consent
prior to the disclosure of personally identifiable information from a child’s
educational records. However, the school may disclose some student information
without written consent when the information is designated “Directory Information”
unless the parent/guardian has advised the district to the contrary in accordance with
district procedures.
• 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:
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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.
FERPA Statement (Continued)
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Schools will treat each student’s education records as confidential and primarily for local
school use.
The district takes special care not to identify students by name or the school they attend in
most cases. However, published names in yearbooks, student/school newspapers, are
considered domain and can be reproduced by the media.
Two federal laws require school districts that receive assistance under the No Child Left
Behind Act of 2001 to provide military recruiters, upon request, with three Directory
Information categories-names, addresses, and telephone listings-unless parents have notified
the district that they do not want their child’s information disclosed without their prior written
consent.
H.I.P.A.A. is
• *The strongest federal confidentiality protection ever enacted.
• *Requires privacy safeguards for any PHI (Protected Health
Information), whether oral or recorded in any form or medium that is
created or received by a health care provider, health plan, public health
authority, employer, life insurer, school or university, or health care
clearinghouse, and relates to the past, present, or future physical or
mental health or condition of an individual, the provision of health care
to an individual, or the past, present, or future payment for the provision of
health care to an individual.
– *Applies to both written and electronic health records.
– * Immunizations are NOT considered to be PHI.
• CIVIL PENALTIES: $100 PER VIOLATION TO A MAXIMUM OF
$25,000 PER PERSON FOR VIOLATONS IN A CALENDAR YEAR
• CRIMINAL PENALTIES: $50,000 AND/OR IMPRISONMENT UP
TO ONE YEAR.
• SCHOOL HEALTH RECORDS ARE ALSO CONSIDERED PART OF
THE STUDENT RECORD AND ARE THEREFORE PROTECTED
UNDER FERPA.
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PHI can only be disclosed for:
Treatment, payment, or health care operations.
With signed parental authorization.
For permitted public health or other legal purposes.
When PHI is de-identified.
• HEALTH INFORMATION IN SCHOOLS MAY BE SHARED WITH
OTHER INDIVIDUALS ON A NEED-TO-KNOW BASIS.
• Examples:
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First responders who may need to provide emergency treatment
Classroom teachers who must report symptoms
Bus drivers who must respond in emergencies
Principals’ designees
– School secretaries who must take call for emergencies or absences.
• EMPLOYEES MAY NOT:
– Discuss the health concerns of students with friends, family, or uninvolved
school personnel.
– Discuss the payment source (e.g. CHIPS, Medicaid) of a student’s health care
with friends, family, or uninvolved school personnel.
– Discuss health emergencies, medications, or other treatments of students with
friends, family, or uninvolved school personnel.
How Does This Have Anything To
Do With Me?
• As a school employee or board
member, you must be careful not
to discuss any educational
program information relating to
your students with anyone who
does not have a need to know.
Do Not Discuss:
Educational Records of Students which are
defined by F.E.R.P.A. as the following:
Do Not Discuss
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.
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6.
Conversations with family and friends
Conversations with staff members without “need to know”
Newsletters
Memos to staff
Faculty bulletin boards
Newspaper articles and/or photos
Examples:
• Mrs. Johnson, in attempt to publish student work, posted on the wall the
top 3 projects in her class including their grades.
• Is this a violation of F.E.R.P.A.?
POSTING GRADES
• The public posting of grades by the student's name, student
identification number, or social security number is a violation
of FERPA. Even without the name, using a student I.D.
number or any part of a social security number violates
FERPA, as the information may be personally identifiable to
the student.
• You may post 100%’s on tests or great work samples, but not
a complete list of grades for an entire class.
• Mr. Smith passed out his student’s tests with grades on them, row by
row.
• Miss Jones asked the student helper of the day to pass out students
graded homework.
• Is this a violation of F.E.R.P.A.?
RETURNING ASSIGNMENTS
• Assignments and papers that contain "personally identifiable"
information should not be distributed to the student in a way that
would allow other students to view the information. Graded papers
should not be left unattended in an office or classroom for students to
sort through or returned to students via another student. Both of
these examples are a violation of FERPA.
• Mr. Jones has just had a horrible day with his students; John Brown
was absolutely horrible. Mr. Jones was so frustrated that he went to the
secretary’s office after school and discussed this student with other
teachers and the secretary.
• Is this a violation of F.E.R.P.A.?
• YES! 100%! Without a doubt!
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At a church gathering, Jane Doe who
teaches at ABC Charter 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 and
that one of them is in her class. 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.?---YES!!
What do you think?
• 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 that John Brown called in the bomb threat.
• Is this a violation of F.E.R.P.A.?
• YES!!! Gossip is not acceptable!
What do you think?
• A student complained that I left my grade book open on my desk 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.
• Make sure that all paper documentation is stored in a locked cabinet
and that your monitor is off when you leave your desk.
• 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.
• Is this a violation of F.E.R.P.A.?
• YES! The other bus driver did not have
a legitimate “need to know.”
• 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.
• Is this a violation of F.E.R.P.A.?
• YES!!!
• You do not have a need to know the private contents of the cell
phone unless you have a legitimate cause to believe that some
illegal activity has been discussed using that phone.
• John Brown is creating a disturbance in a classroom. You use
your cell phone to call the principal to report that John Brown
is in Mrs. Johnson’s classroom creating chaos. Your students
obviously hear you making this call.
• Suzy Smith is disrupting the cafeteria. You call the principal to
remove her from the cafeteria.
• Is this a violation of F.E.R.P.A.?
• YES! Texting is preferred because no names are mentioned.
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The principal of a middle school has asked the school secretary to
provide a list of names of all students in the building who have asthma
so that the teachers can be prepared. Is this a violation of FERPA?
• Names of affected students can only be shared on a need to know basis.
The secretary should notify each teacher privately of only the students in
his/her class who have asthma or any other chronic health condition.
• You have a jump/flash drive saving information to transport to
another computer or home. Are you liable for all of this
information?
• 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 principal
because confidential information
could be jeopardized!
Technology Information and
F.E.R.P.A.
• 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.
Who Has A Need To Know
Student Information?
• The teacher or teachers that work with the
particular students.
• The principal or other administrative
personnel. (This does not include school
secretaries, custodians, or other support staff
that does not directly work with the individual
student.)
• School secretaries should not be involved in
disciplinary hearings or ARD meetings other
than to contact the parent to schedule the
meeting.
What Can Happen To Me If I Don’t Pay
Attention to F.E.R.P.A.?
• Criminal charges may be filed against:
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You
The Principal
The Superintendent
The Board of Trustees of the School
Use of School Computers
• 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.
• Districts may monitor.
• Electronic Mail Retention Procedures (Article 9 General Retention
Schedules for School Districts)
• Email may be accessible to the public.
• Email signatures should contain:
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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
– You may not add a Bible verse, personal mantra, etc.
Policy GBEBD
• Employee Use of Electronic Communication
• An employee will not allow a student to use the employee’s
cell phone for any purpose.
• Employees should not use their cell phones during
instructional times or while on-duty. Exceptions are made
during emergencies (contacting principal, safety concern, etc.)
• If you are on your phone during class, you are not providing
quality instruction!
Policy GBEBDA
• Employee Use of Electronic Communication with Students
• Texas Education Centers prohibits any type of personal
relationship between a school employee and a student that may
be reasonably perceived as unprofessional.
• Students will not be contacted using personal employee cell
phones through calls, photos or texting.
• Employees will use the school to contact students, if approved
by the principal.
• Employees will not use social networking sites to
communicate with students.
Policy GBEBDA (Continued)
• Employees may post information for students such as
homework, practice schedules, etc. on district sponsored
websites with principal approval.
• 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, student, and parent must be
through the district email system.
Policy GBEBDA (Continued)
• 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.
What Do I Do If I Slip?
• Inform your Superintendent or
Principal as soon as you realize
you’ve made a poor decision.
• Inform your personal attorney.
• Inform your insurance
company if a formal complaint
is made.
What should I do to protect myself?
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When in doubt – don’t give it out.
Refer requests for student academic information to the 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 information with anyone that does not have a
“need to know”
Never discuss student information with anyone outside of the school.