Training Course Syllabus:

Student Records: Legal Requirements You Need to Know - School Law Seminar

Maintain and Access School Records in a Legally Compliant Manner
State and federal student record laws create a complicated maze of regulations that you must navigate in order to properly handle these highly protected documents. Are you inadvertently putting yourself or school at legal risk? Do you know how to ensure your current policies and practices are in compliance with the latest developments? This program will clarify the myriad of regulations and laws that directly impact student records. Safeguarding student privacy and properly managing education records is an important part of your day - don’t risk a potential lawsuit. Register today!

• Determine what does and what doesn't count as an education record, so you'll know which documents you need to be most careful with.
• Make compliance a snap by understanding key protective legislation; including the Family Educational Rights and Privacy Act (FERPA), and the Pupil Privacy Rights Amendment (PPRA).
• Understand if and when a parent has the right to view, and or amend, a student record.
• Avoid adding documents to the official student record that create risky compliance scenarios.
• Draft internal policies that teachers and school staff can reference when questioning the physical access of a student record.
• Employ failsafe measures for correct electronic record retention and destruction.
• Identify specific requirements regarding the access to, and transfer of, special education records.
• Take a look at sample records to understand what each of the documents are, which records to maintain and how to amend them.

1. Overview of Family Educational Rights and Privacy Act (FERPA)
   8:30 - 9:15, Georgiana O. Miranda
   
1. What is an Education Record?
2. Who is a “Parent”?
3. Defining Parental Rights
4. Enforcement of FERPA
5. Hot Topics and Latest Developments
1. Test Protocols - Parent Right to Access vs. Integrity of Test
2. Child Abuse Mandatory Reporting
6. Q&A Discussion
2. Student and Parental Right to Access
   9:15 - 10:00, Georgiana O. Miranda
   
1. State Specific Laws
2. Health Insurance Portability and Accountability Act (HIPAA)
3. Consent Form To Access Pupil Records
4. Who can Access Student Records Without Parental Consent?
5. Student Direct Access Best Practices
6. Parental Right to Amend Child’s Record
7. Conflicts Between Federal and State Requirements
8. Q&A Discussion
3. Maintaining and Handling Student Records
   10:15 - 11:00, Linda Chaim
   
1. Who is Responsible for Managing Student Records?
2. Title IX Coordinator Responsibilities
3. Records and Media to Include
1. Performance Record
2. Health History
3. Behavioral Records
4. Personal History and Directory
4. Maintaining the Student’s File
1. Permanent vs. Temporary Folders
2. What Information Should go Where?
5. Sports and Extracurricular Activity Records Best Practices
6. Q&A Discussion
4. Student Surveys and Evaluations: Do’s and Don’ts
   11:00 - 11:45, Dina L. Atwood
   
1. The Protection of Pupil Rights Amendment (PPRA)
2. What Qualifies as a “Survey”?
3. What You Can and Cannot Ask on a Survey
4. Parental Notification Requirements
5. Exceptions to Disclosure Requirements
6. PPRA Compliance and Enforcement
7. Q&A Discussion
5. Physical Security of Student Records
   12:45 - 1:15, Linda Chaim
   
1. Drafting Internal Policies and Guidelines
2. Obtaining Employee Signature of Policy Acknowledgement
3. Are Record Custodians Needed?
4. Controlling Access to Records
5. Retention Requirements
6. Destruction/Disposal Best Practices
7. Visitor Guidelines
8. Q&A Discussion
6. Electronic Security of Student Records
   1:15 - 2:00, Linda Chaim
   
1. Guidelines for Data Integrity
2. Retention Requirements
3. Destruction/Disposal Best Practices
4. Employee Training to Access and Update Electronic Records Management System
5. Defining Data Custodian Responsibilities
6. Extracted Data Must Do’s
7. Internal Emails: What are They Considered?
8. Q&A Discussion
7. Additional Requirements for Special Education
   2:15 - 3:00, Dina L. Atwood
   
1. Individuals with Disabilities Education Act (IDEA)
2. Section 504 of the Rehabilitation Act of 1973
3. State Specific Statutes
4. Who is a Parent in Regards to Special Education Students?
5. Individual Education Plan's Best Practices
6. Public and Special Education Screening Notices
7. Q&A Discussion

Seminar Summary:

This program will clarify the myriad of regulations and laws that directly impact student records. (see full course description)

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