Education Flashcards
What is FERPA?
The Family Educational Rights and Privacy Act of 1974 (or FERPA) ensures privacy protections for students and their education records. This includes academic, disciplinary and financial records and applies to all education institutions that receive federal funding.
What are the four key components of FERPA?
- Notice
- Consent
- Access and Correction
- Security & Accountability
What are the conditions for Disclosure under FERPA?
Disclosure of education records is permitted if one of the following is met:
* Information is not personally identifiable.
* Directory information has not been blocked by the student.
* Written consent has been given by the parent. The right to consent transfers to the student when they turn 18, at which time parents cannot access records without the student’s permission.
* Disclosure is to a student or parent (if a student is under 18 or has consented).
* Statutory exception applies, such as health or safety purposes.
What does “Notice” mean under FERPA?
- Students should receive annual notices of their rights
- Education records are directly related to students and include academic, disciplinary and financial information that has been recorded in hard copy or electronic form
How does FERPA provide “Access and Correction”?
Students have the right to:
* Access, inspect and review their personal information held by their school
* Request corrections or updates to their personal information
* Request a hearing if a request to make a correction or update is denied
How does FERPA provide “Security & Accountability”?
- Students and applicable parents are given the option to opt out or block the release of directory information
- Social security numbers or student ID numbers are excluded from directory information
- Complaints can be filed with the U.S. Department of Education
Can schools sell student directory information to commercial entities under FERPA?
Yes!
What is the PPRA and what does it do?
The Protection of Pupil Rights Amendment (PPRA) amended FERPA and provides rights to parents of minors regarding sensitive information from students via surveys.
What is the Every Student Succeeds Act, and how does it relate to student privacy?
In 2015, the Every Student Succeeds Act (or ESSA) replaced No Child Left Behind and reauthorized the Secondary Education Act of 1965. Section 8037 of ESSA, also known as the “Sense of Congress on Protecting Student Privacy,” specified that “students’ information should not be shared with individuals other than school officials in charge of educating those students without clear notice to parents.”
How do FERPA and HIPAA interact?
Generally, student health records are subject to FERPA, and not HIPAA, for public elementary or secondary schools. FERPA does not apply to private elementary or secondary schools that do not receive federal funding, so health records maintained by these schools are usually subject to HIPAA.
How has the Government responded to the expansion of online education? (3 ways)
1) The Department of Education provided guidelines on how to apply FERPA in the online arena; 2) Companies began to apply self-regulation policies that pledged to safeguard student information; 3) Violations of pledges would be subject to enforcement under Section 5 of the FTC
Do entities providing free educational services online have to comply with FERPA, PPRA, and ESSA?
Yes. Commercial entities providing free services, such as free teaching material, online posting of homework, online communication and grades, to schools that are federally funded must comply with FERPA, PPRA and ESSA.
What is the K-12 School Service Provider Pledge to Safeguard Student Privacy?
Consumer watchdog organizations have created the “K-12 School Service Provider Pledge to Safeguard Student Privacy,” which prohibits the selling of student personal information and the use of collected information for targeting advertisements to students, among other provisions.
What are examples of national and state laws protecting children’s privacy online?
COPPA, California’s Privacy Rights for California Minors in the Digital World, Delaware’s Online and Personal Privacy Protection Act.
