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FERPA - FLDOE Home

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									                           Student Records
 Overview of the Student Records Law, including recent changes
   to federal and state law, upcoming rulemaking, and records
                       management issues.
Maggi O’Sullivan Parker
Deputy General Counsel
Florida Department of Education
June 2009

                          Getting Started . . .
                  Role of the Department of Education
              Problems? Lawsuits? Angry Parents?
            Consult your friendly school board attorney.
                           Regular Policy Review
                           The Federal Law
 FEPRA - Family Educational Rights and Privacy Act or The
  Buckley Amendment of 1974
 20 U.S.C. 1232(g)
 Fed. Rules: 34 C.F.R Part 99
                              Florida’s Law
 Section 1002.22, Florida Statutes
 Rule 6A-1.0955, F.A.C.
                          CHANGES AHEAD
 Revisions to FERPA Regulations
 Revisions to Florida Law (Section 1002.22, F.S.)
 Revisions to Florida’s rules
              Revisions to FERPA Regulations
                                  34 C.F.R. Part 99
                              Published in Dec. 2008
                                    Effective 2009
     Changes, updates, and clarifies regulations on student
                           records.
                      Revisions to Florida Law
 House Bills 7117 and 7119
    Maintain basic rights and protections but remove most of the
     detailed language regarding definitions, procedures and
     exemptions
 Planned revisions to Florida administrative rules to codify
  student records requirements.
                    Helpful Links on New Laws
                 USDOE Family Policy Compliance Office
       http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
                       Florida House of Representatives
                                 HB 7117 and 7119
                        http://www.myfloridahouse.gov/
                              FERPA = Rights
 Four Basic Rights of Students and Parents
    Right of Access
    Right of Waiver of Access
    Right to Challenge and Hearing
    Right of Privacy
Plus: Entitled to receive notice of their rights under the law.
                   Parental Access to Records
 Q: In the case of unmarried, estranged or divorced parents,
  who may have access to student records?
 Distinction between custody status and status as parent under
  FERPA
 Presumption: both parents have access
                             Federal Guidance
34 C.F.R. § 99.4 What are the rights of parents?
An educational agency or institution shall give full rights under the Act to either parent,
unless the agency or institution has been provided with evidence that there is a court
order, State statute, or legally binding document relating to such matters as divorce,
separation, or custody that specifically revokes these rights.

                               Right of Privacy
• Exceptions: When may data be disclosed without parental
   consent?
 Most common exception: other school officials for a legitimate
  educational purpose.
               “Legitimate Educational Interest”
 Electronic recordkeeping poses new considerations for access
  and security.
 School employees are not entitled to look at all student
  records, just those in which they have a legitimate educational
  interest
 New FERPA regulations requires districts to have policies and
  methods to ensure that school employees obtain access to
  only those educational records for which they have a legitimate
  educational reason.
                             Electronic Access
 New requirement that agencies and institutions use reasonable
  methods to verify identity before disclosing student records to
  parents, school officials, or other parties.
 “Reasonable” = appropriate security measures such as PIN
  numbers or passwords and security appropriate to the level of
  data being provided.
          Electronic Access and Disclosure
 2 areas of concern:
         Internal access by school staff
         External disclosure to parents or 3rd parties
 Policies and Practices:
   Develop policies, protocols, security protections.
   Train and remind employees of policies.
   Use more than one verification method.
   Ensure safety of removable, portable devices such as
    laptops and flash drives.
              Electronic Transfer of Data
 No blanket prohibition or USDOE guidance on using e-mails,
  but consider use carefully.
 Regardless of form, schools have obligation to ensure that data
  disclosed to third parties is not improperly re-disclosed.
   written agreement
   encryption
   destruction or return of data
          Electronic Access and Disclosure
 Biometric records added to definition of “student record”
Biometric information is based upon unique attributes of an individual, such as
fingerprints, voice, face, or eyes, that can be measured and used for identification or
verification. Examples include fingerprints, eye patterns, voice prints and facial
recognition. 34 CFR §99.3
Recent use: Verification of student school lunch accounts in cafeterias.
Other non-student uses: employee access to records, buildings or systems.

                         Directory Information
 Current Florida definitions
    Name
    Phone Number, Address
    Date/Place of Birth
    Major
    Academic, Sports and Other Activities
    Weight and Height (Athletics)
    Date and School Attended
    Degrees and Awards Received
                         Directory Information
 New categories that will be added:
    e-mail address
    grade level
    photograph
    enrollment status
Q: Do districts have to release all categories of directory information?
Q: Must districts release directory information to anyone or any entity that requests it?

              Additional Protection of Students
Situation: Protective Order, Witness Protection Program, Other Security Issues

 Policy
 Staff Awareness
 Ch. 119 exemption for child of judge, law enforcement offices
 Limits of Effectiveness
                           Changes to FERPA
     rd
• 3 parties such as contractors, consultants, or volunteers who
   have contracted with school/agency to perform services may
   have access consent, provided they are under control of
   school/agency and agree to be governed by FERPA
   regulations.
                           Changes to FERPA
    Health and Safety Emergencies
    Response to Virginia Tech. tragedy.
 Removes prior strict construction of the term “emergency.”
Now defers more discretion to local officials to determine the “totality of the
circumstances” when evaluating a threat to a student or others.

              The Public Records Law Ch. 119
 Student records are exempt from disclosure
 Some, but not all, elements of employee data are subject to
  public disclosure
    OPEN: Name, address, transcript, job history, job
     application.
    CLOSED: Evaluations (for one year), medical and financial
     data, complaints (while the investigation is active)
                              Video Recording
 Videotaping students: consider purpose and use of video. Is it
  instructional (student record) or evidence of crime (law
  enforcement records)
 Videotaping teacher performance or classroom activities: may
  come under FERPA and may be shared with instructional
  personnel for legitimate educational purposes.
 Recommended practice: include notice of potential taping in
  student handbook or class newsletter.
                Records Retention Schedules
 Florida Department of State Records Retention Schedule for
  Public Schools
Schedule GS-7
http://dlis.dos.state.fl.us/recordsmgmt/gen_records_schedules.cf
                                   m
                     School Health Records
 Q: What are health records?
 Q: How and when can a school share immunization records?
 November 2008 Federal Guidance:
http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentiti
                   es/hipaaferpajointguide.pdf
                            Useful Links
                    Current FERPA Regulations
           http://www.ed.gov/policy/gen/reg/ferpa/index.html
USDOE Guidance on FERPA from the Family Compliance Office
         http://www.ed.gov/policy/gen/guid/fpco/index.html
                Pinellas Student Education Records Policy
http://www.pinellas.k12.fl.us/records/files/F8744482437242A3BFF
                         5F4884E788B4B.pdf
     Follow Up Question and Answer Session
       Submit Questions to dbweias@fldoe.org or call (850) 245-0400

								
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