Chapter 9: Education Records and Technology Flashcards Preview

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Flashcards in Chapter 9: Education Records and Technology Deck (20)
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What is FERPA?

Family Educational Rights and Privacy Act of 1974


What is PPRA?

Protection of Pupil Rights Amendment of 1978


What is FERPA also referred to as?

The Buckley Amendment


Who does FERPA apply to?

All educational institutions that receive federal funding.


What does FERPA do?

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


What rights does FERPA grant to students?

- 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


What is an Education Record?

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


What is a Record?

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.


What records are not considered Education Records under FERPA?

- 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


When is disclosure of Education Records permitted?

If one of the following conditions is met:

- 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


How does the Department of Education define Personally Identifiable Information?

- 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


What is Directory Information?

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.


What are attributes of valid student consent?

- Signed, Dated and Written

Must identify:

- The record(s) to be disclosed

- The purpose of disclosure

- To whom the disclosure is being made


Nondirectory information may only be disclosed with?

Student Consent


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

- "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


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

Within 45 days of the request.


May a student request correction to their educational records?

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


What does PPRA do?

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.


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

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


Are schools required to abide by the HIPAA Privacy Rule?

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.