Chapter 9: Education Records and Technology

Question 1

What is FERPA?

Answer 1

Family Educational Rights and Privacy Act of 1974

Question 2

What is PPRA?

Answer 2

Protection of Pupil Rights Amendment of 1978

Question 3

What is FERPA also referred to as?

Answer 3

The Buckley Amendment

Question 4

Who does FERPA apply to?

Answer 4

All educational institutions that receive federal funding.

Question 5

What does FERPA do?

Answer 5

Prevents schools from divulging education record information, such as grades and behavior, to parties other than the student, without that student’s consent.

Question 6

What rights does FERPA grant to students?

Answer 6

• Control the disclosure of their education records to others
• Review and seek amendment of their own education records
• Receive annual notice of their rights under FERPA
• File complaints with the U.S. Department of Education

Question 7

What is an Education Record?

Answer 7

Any record that is directly related to the student and maintained by the school or by a party on behalf of the school.

Question 8

What is a Record?

Answer 8

Any information recorded in a way, not including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. All electronic records and emails are covered by the term computer media.

Question 9

What records are not considered Education Records under FERPA?

Answer 9

• Campus police records created and maintained by school campus police for law enforcement purposes
• Employment records, when the employee is not a student at the university
• Treatment records or health records, subject to several requirements
• Applicant records of those who are not enrolled in the university
• Alumni records created by a school after the individual is no longer a student
• Grades on peer-graded papers, before they are collected and recorded by a faculty member or other university representative

Question 10

When is disclosure of Education Records permitted?

Answer 10

If one of the following conditions ismet:

• The information is not personally identifiable
• The information is directory information whose release the student has not blocked
• Consent has been provided by: (1) the parent, or (2) the student once the rights transfer to the student when he or she reaches the age of 18 or attends only a postsecondary institution
• The disclosure is made to (1) the parent or (2) the student himself or herself once the rights transfer to the student when he or she reaches the age of 18 or attends only a postsecondary institution
• A statutory exception applies, such as for health or safety purposes

Question 11

How does the Department of Education define Personally Identifiable Information?

Answer 11

• The student’s name
• The name of the student’s parent or other family members
• The student or student’s family’s address
• Personal identifiers such as the Social Security number or student number
• Other identifiers, such as date of birth
• Other information that, alone or in combination, can be linked to a student and would allow the student to be identified with reasonable certainty
• Information requested by a person whom the school reasonably believes knows the identity of the student to which the education record is linked

Question 12

What is Directory Information?

Answer 12

Information that would not generally be considered an invasion of privacy or harmful if disclosed. Institutions my disclose Directory Information if they have provided students with an opportunity to opt-out, or block the release of the Directory Information.

Question 13

What are attributes of valid student consent?

Answer 13

• Signed, Dated and Written

Must identify:

• The record(s) to be disclosed
• The purpose of disclosure
• To whom the disclosure is being made

Question 14

Nondirectory information may only be disclosed with?

Answer 14

Student Consent

Question 15

When may a school disclose Personally Identifiable Information from an Education Record without Student Consent? (10)

Answer 15

• “Legitimate educational interest,” including outsourced parties that provide services to the school
• When you’re seeking admission
• Financial Aid
• Research for tests, aid programs, teaching
• Disclosure to accrediting organizations to fulfill accrediting duties.
• Victims of sexual offense
• Sex offenders
• Between parties that created records (eg., between 2 colleges you attended)
• Law enforcement
• Health or safety emergency

Question 16

When must an educational institution provide a student access to his/her records after the student has issued a request?

Answer 16

Within 45 days of the request.

Question 17

May a student request correction to their educational records?

Answer 17

Yes, if they believe the records to be inaccurate, misleading or in violation of their privacy.

Question 18

What does PPRA do?

Answer 18

Provides certain rights to parents of minors with regard to the collection of sensitive information from students through surveys. It applies to all elementary and secondary schools that receive federal funding; the statute, however, does not apply to postsecondary schools.

Question 19

What did the No Child Left Behind Act do to the PPRA?

Answer 19

It broadened the PPRA to limit the collection and disclosure of student survey Information.

Question 20

Are schools required to abide by the HIPAA Privacy Rule?

Answer 20

No. The general rule is that health records are subject to FERPA—and not HIPAA—where a public elementary or secondary school provides a nurse for student health issues.