FERPA�FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

SHELLEY CHATFIELD

FCPS GENERAL COUNSEL

SHELLEY.CHATFIELD@FAYETTE.KYSCHOOLS.US

LEGAL DISCLAIMER

The information in this presentation is for educational and training purposes, only. It is not intended to provide legal advice.

What is FERPA?

• Federal law that protects the privacy of student education records and allows free access to student records by parents or guardians.
• Codified at 20 U.S.C. 1232g and
• 34 C.F.R. Part 99

What does FERPA do?

​

• Sets confidentiality requirements for student records
• Affords parents/guardians

the right to:

• Have access to their children’s

educational records;

• Seek to have the records

amended; and

• Consent to the disclosure of

personally identifiable

information from education

records.

​

Basic Tenets of FERPA

• Parents/Guardians have the right to inspect and review the student’s education records maintained by the school.
• Schools are not required to provide copies unless, for reasons such as distance, it is impossible for the parent/guardian to view the records.
• School may charge a fee for copies.

​

What is an educational record?

• Records directly related to the student; and
• Maintained by an educational agency or institution or by a party acting for the agency or institution.
• Personally Identifiable Information is a FERPA term referring to identifiable information that is maintained in education records and includes direct identifiers

Personally Identifiable Information

• Information that is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

• It could be lots of things:

​

In what instances can a school release student information?

• If you have consent from the parent/legal guardian, you need look no farther.
• In general, schools must have written permission from the parent/guardian in order to release any information from a student’s educational record.
• There are some exceptions, however.

Directory information?

• Directory information may be released without parental/guardian consent
• FCPS Policy 09.14 AP .12 Directory information includes:
• Name
• Address
• Email address
• Telephone number
• Date and place of birth
• Information about the student’s participation in officially recognized activities and sports
• Student’s weight and height (if a member of an athletic team)
• Student’s dates of attendance
• Grade level, honors and awards
• Photograph (excluding video records)
• Major field of study

​

NOT THIS KIND OF DIRECTORY

​

Directory Information Limitations

This information CAN be released without prior written consent of the parent/guardian

U N L E S S

Parent/Guardian has opted out.

​

Record keeping

Must maintain a record of each request for access to education records and each disclosure from an education record.

​

A word about VIDEOS

When there is more than one student in a video, the parents/guardians of the subject of the video have a right to see it, but not to have a copy of it.

​

Does this change when a minor becomes an adult?

• Yes, upon a student’s 18 birthday, FERPA rights shift from parent/guardian to student
• Dependent exception

Why do I care?

​

​

• Violations of FERPA can result in the withholding of federal funds to the district.

So, is it really that complicated?

It’s midterm exams. You have collected the tests and plan to grade them during your planning period. Nosey Nellie sees Genius Gene’s test sitting on the corner of your desk and gasps and tells her classmates she already knows she missed the first one because Genius Gene got a different answer. Did you violate FERPA?

SOCIAL MEDIA

You have a “class page” for your senior English class. You regularly post photos of students in the classroom. Is this permitted?

Student Interaction

• Best practices:
• No texting one on one with students
• No snapchatting with students
• No “friending” students and families on your personal Facebook/IG page unless it is completely clean
• Keep your politics off social media if you students and families have access
• Beware of timing of communications
• If you meet alone with a student, keep the door open

​

Divorced Parents

• Be sure the school has a copy of the custody agreement.
• Parents have a right to the educational records of their student unless parental rights have been terminated.
• In most instances, both parents will have that right.
• Communication is key.

​

Other concerns

• While eating lunch, Reactive Randy, sits down next to you and tells you he saw the substitute teacher in the class next door to his lose his temper, berate a student, and slap the student’s head. Reactive Randy can be pretty dramatic about things, but he seemed pretty serious. What, if anything should you do?

Other concerns in your role as educator

• Duty to Report Abuse or Neglect KRS 620.030
• Any person who knows or has reasonable cause to believe that a child is dependent, neglected, or abused shall immediately cause an oral or written report to be made to a local law enforcement agency or to the Department of Kentucky State Police, the cabinet or its designated representative, the Commonwealth's attorney, or the county attorney by telephone or otherwise. Any supervisor who receives from an employee a report of suspected dependency, neglect, or abuse shall promptly make a report to the proper authorities for investigation.

Other concerns in your role as educator

• The statutes applies to any person, including but not limited, to a physician, osteopathic physician, nurse, teacher, school personnel, social worker, coroner, medical examiner, child-caring personnel, resident, intern, chiropractor, dentist, optometrist, emergency medical technician, paramedic, health professional, mental health professional, peace officer, or any organization or agency for any of the above.
• Failure to report is a Class B misdemeanor for the first offense, Class A misdemeanor for a second offense, and a Class D felony thereafter.
• For more information, visit the Kentucky Cabinet for Health and Family Services website chfs.ky.gov.

Other concerns

18-year-old Chelsea the Cheerleader comes into class looking very tired and with what looks like a black eye. You pull her aside to check on her. She reveals her 20-year-old boyfriend accused her of cheating and hit her last night.

What, if anything, should you do?

KRS 209A was amended in 2017 to require among other people, teachers who have a professional relationship with someone for whom they have reasonable cause to believe is experiencing domestic or dating violence to provide information about where to get help. Resources are on the Kentucky Coalition Against Domestic Violence website at kcadv.org

​

Shelley Chatfield

FCPS General Counsel

Shelley.Chatfield@Fayette.kyschools.us

859-381-4728