Back to AI Flashcard MakerEducation /FERPA, HIPAA, and Student Record Keeping Overview Part 1
Findings of the 1969 Russell Sage Foundation Conference
1) Public elementary and secondary school officials released student records without obtaining permission from parents or students.
2) Parents and students typically had little knowledge of the contents of student records or how they were used.
3) Secrecy made it difficult for parents to ascertain the accuracy of information in student records. Inaccurate records could become a part of the student's permanent record and could be passed to potential employers, law enforcement, etc.
4) Few provisions existed for protecting school records from examination by unauthorized persons.
5) Formal procedures for regulating access to records by nonschool personnel did not exist in most schools.
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Key Terms
Term
Definition
Findings of the 1969 Russell Sage Foundation Conference
1) Public elementary and secondary school officials released student records without obtaining permission from parents or students.
2) Parents and stu...
FERPA
The Family Educational and Privacy Act. Passed in 1974 as an amendment to the Elementary and Secondary Education Act of 1965. This legislation address...
Education records
Defined by FERPA as any records maintained by the schools (or agencies or consultants to whom a school has outsourced services) that are directly rela...
Records excluded by FERPA
1) Records maintained by a school-based law enforcement unit for the purpose of law enforcement and records of employees who are not also students
2) ...
Directory information
Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed (e.g.,...
Sole possession records
Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other per...
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| Term | Definition |
|---|---|
Findings of the 1969 Russell Sage Foundation Conference | 1) Public elementary and secondary school officials released student records without obtaining permission from parents or students.
2) Parents and students typically had little knowledge of the contents of student records or how they were used.
3) Secrecy made it difficult for parents to ascertain the accuracy of information in student records. Inaccurate records could become a part of the student's permanent record and could be passed to potential employers, law enforcement, etc.
4) Few provisions existed for protecting school records from examination by unauthorized persons.
5) Formal procedures for regulating access to records by nonschool personnel did not exist in most schools. |
FERPA | The Family Educational and Privacy Act. Passed in 1974 as an amendment to the Elementary and Secondary Education Act of 1965. This legislation addresses the privacy of student records and access to those records. |
Education records | Defined by FERPA as any records maintained by the schools (or agencies or consultants to whom a school has outsourced services) that are directly related to the student. At the elementary and secondary levels, this includes student education records maintained by the school nurse, school psychologist, and special education student records. |
Records excluded by FERPA | 1) Records maintained by a school-based law enforcement unit for the purpose of law enforcement and records of employees who are not also students
2) For eligible students (one who is 18 or attending a postsecondary institution), records maintained by a physician, psychologist, etc. involved in the treatment of the student unless treatment is in the form of remedial education or is a part of the instructional program
3) Grades on papers corrected by classmates before they are collected and recorded by a teacher
4) Directory information
5) Sole possession records |
Directory information | Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed (e.g., name, address, telephone number, email address, activities and sports participation, degrees and awards received). |
Sole possession records | Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. |
Parents Against Abuse in Schools v. Williamsport Area School District, 1991 | Ruled that information that the psychologist discloses or makes available to others in the school setting should be placed in the student's education record. |
Parent | Includes natural parent, guardian, or an individual acting as a parent in the absence of a parent or guardian. |
Eligible student | A student who is 18 years of age or older, or enrolled in a postsecondary school. (When a student reaches the age of 18, the rights of the parent transfer to the student). |
Disclosure | Permitting access to, or the release, transfer, or other communication of personally identifiable information by any means, including oral, written, or electronic. |