The seminar is designed for all school staff and administrators– superintendents, principals, special educators, teachers and paraprofessionals, guidance personnel, and virtually any and all school employees who handle student records.
The presentation will provide a detailed review of the federal and state laws concerning confidentiality of student records, as well as a focus on school districts’ responsibilities for providing access to education records by parents and eligible students.
Emphasis will be on learning to spot “red flags” concerning confidentiality, privacy and access to records issues, and on practical application of the legal provisions in the course of everyday operation of schools. Hypotheticals will be used throughout to illustrate how the legal rules apply in frequently occurring real life situations.
Topics to be discussed include:
• The Family Educational Rights And Privacy Act: General Provisions
• The Rights Of Parents And Eligible Students
• Copying Of Student Records
• Disclosure Of Personally Identifiable Information (“PII”) From Education Records And The Exceptions
• Directory Information
• Amendment Of Education Records
• FERPA, Computers, And The Internet
• Supreme Court And Other Federal Court Decisions And Hypothetical Situations
9:00 a.m. - 9:30 a.m.
I. The Family Educational Rights And
Privacy Act: General Provisions
A. Purposes Of The Act: Maintaining The Confidentiality Of Student Records; Assuring Parent Access
B. Relationship Of The Constitutional Right To Privacy To FERPA Rights; To State Law; To Special Education Law Regarding Education Records And Confidentiality
C. Mandatory Annual Notice To Parents And Eligible Students
D. When Is A Record An “Education Record”?
E. What Is “Personally Identifiable Information”?
F. What Is “Disclosure”?
G. What Federal Office Has Jurisdiction Of FERPA Enforcement And Complaints?
9:30 a.m. - 10:00 a.m.
II. The Right Of Parents And Eligible
A. Who Is A “Parent” Under FERPA? What Rights Do Divorced Parents Have Under FERPA And State Law?
B. Who Is An “Eligible Student”? When Do Parental Rights Transfer To An “Eligible Student” Under FERPA?
C. What Is The Extent Of Parental/Eligible Students’ Right To Inspect And Review Education Records?
D. How Quickly Must A School District Provide Access To Student Records Upon Receipt Of A Request?
E. What If A Requested Record Contains Personally Identifiable Information Concerning Another Student?
F. Is A School District Required To Provide The Parents/Eligible Students With An Interpretation Or Explanation Of The Content Of Education Records?
G. What Recordkeeping Requirements Are There Concerning Requests And Disclosures?
10:00 a.m. - 10:15 a.m.
III. Copying Of Student Records
A. Under What Circumstances Are Parents And Eligible Students Entitled To Copies Of Education Records?
B. May A School Charge A Parent For Copies Of Education Records?
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 11:00 a.m.
IV. Disclosure Of Personally Identifiable
Information (“PII”) From Education
A. What Are The Required Contents Of A Prior Written Consent To Disclosure From Parent Or Eligible Student To Release Of Personally Identifiable Information In An Education Record?
B. What Limitations Are There On Redisclosure Of PII?
11:00 a.m. - 12:00 p.m.
V. The Exceptions: Lawful Disclosure Of PII
Without Prior Written Consent
A. Disclosure To A “School Official With A Legitimate Educational Interest”
B. Disclosure To Officials Of Another School In Which The Student Seeks Or Intends To Enroll: Special Requirements
C. Disclosure In Response To Subpoenas: Special Requirements
D. Disclosure In A Health Or Safety Emergency: Special Requirements
E. Disclosure Of Directory Information
F. Other Exceptions To The Prior Consent Rule
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
VI. Directory Information
A. What Is “Directory Information”?
B. Why Should A School District Consider Issuing An Annual Directory Information Notice?
C. What Should A Directory Information Notice Contain?
1:30 p.m. - 2:00 p.m.
VII. Amendment Of Education Records
A. Under What Circumstances May A Parent/Eligible Student Demand That An Education Record Be Amended, Removed Or Destroyed?
B. What Hearing Procedures Must Be Made Available To A Parent/Eligible Student For Such Purposes?
C. What Rights Does The Parent/Eligible Student Have If The Hearing Officer Denies The Request For Amendment?
2:00 p.m. - 2:30 p.m.
VIII. FERPA, Computers, And The Internet
A. What Are Emerging Issues Of Confidentiality, Recordkeeping And Record Maintenance In The Age Of The Computer And Internet Technology?
B. What Policies Should A District Have In Place To Address These Issues?
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
IX. Recent Supreme Court And Other
Federal Court Decisions
3:30 p.m. - 4:30 p.m.
X. Best Practice Hypotheticals: Applying
The Law To Hypothetical Situations That
Illustrate Frequently Occurring Issues