FERPA Questions and Answers Latest Update Graded A

FERPA Questions and Answers Latest Update Graded A FERPA a federal law that regulates the management of student records and disclosure of information from those records Privacy Act of 1974 code of fair information practices that governs the personal info about individuals that is maintained in systems of records by federal agencies Fair Information Practices Set of principles governing the collection and use of information about individuals developed and regulated by the US Dept. of Health Education and Welfare. The precursor to FERPA. Buckley Ammendment (or GEPA) Sen.Buckley of NY proposed provisions to safeguard the privacy of student's educational records. Campus Security Act 1. information must be given to guardian if requested 2. schools require posting of felony stats of on/near campus incidents at least 1 time a year 3. requires schools to report felony stats to sec. of education US Dept of Education Originally the Health, Education, and Wellness Dept. in 1923, renamed in 1980 as a cabinet position reporting to the president Gonzaga University v. Doe 1974 FERPA requires schools/colleges to protect privacy of student's educational records, but doesn't establish a PERONAL rights to privacy enforcable in court. What are "Records" protected by FERPA? Any information RECORDED in any way including, but not limited to, handwriting, print, computer media, tape, film. What is "Personally Identifiable Information" under FERPA? Any records that contain identifiable information in which one can deduce the identity of one paticuar student (ex. name, address, SSN, etc.) What are "Educational REcords" under FERPA? Records directly related to the student and maintained by a party acting on behalf of the agency or institution and all representatives includign faculty, staff, and administrators who keep or maintain records. What are the 6 exceptions to FERPAs Educational Records? Records of Sole Possession, Law enforcement, employment, medical, alumni, and peer-graded papers BEFORE they are recorded. HIPPA Health Insuance Portability and Accountability Act passed in 1996 set forth standards reguarding privacy and accountability in the way sensitive health care information is communicated and revealed What is "Joint Guidance" ? The applicability of privacy of a student's health records maintained by educational institutions ARE considered "Educational Records" covered by FERPA Law. Owasso Independent School Distict v.Falvo US Supreme Court decided peer-grading practices WERE NOT considered educational records covered under "educational records" provision because they had not yet been recorded. Directory Information for FERPA may not include Race, Etnicity, Nationality, Gender, SSN, SID Prior Written Consent Authorization for a recordkeeper to disclose personally identifiable information from a student's educational record. 5 Elements of Prior Written Consent Specify records to be diclosed, State purpose of disclosure, identify to whom records may be disclosed, date, authorized signature. What is "Legitimate Educational Interest"? In the excersise or completion of responsibilities on behlaf of the institution, a school official has a need to know and use specific information in the educational record. The exception to prior written consent in viewing educational records protected by FERPA is? If a school official has a legitimate educational interest. in loco parentis "in place of the parents." In the 1960s post-secondary schools were seen as an intentity to make decisions for students in place of parents. Bradshaw v. Rawlings Institutions were no longer bound to a custodial relationship with students (or in loco parentis status). The Court of Appeals for the Third Circuit stated: "the modern American college is not an insurer of the safety of its students." Denver v.Whitlock -"Bystander University" "No duty" approach seems sensible when students are harmed as a result of adult decisions to engage in potentially risky behaviors—e.g., excessive consumption of alcohol or jumping on a trampoline in the dark. Duties arise from "Special Relationship" Colleges and universities are not charged with a duty to protect their students under all circumstances, but once a school has certain knowledge about a particular student's potential to harm either himself or others, a duty may arise. Restatement for Guidance Recognizes various special relationships that create an affirmative duty of reasonable care, including the relationship between common carriers and their passengers, innkeepers and guests, and landowners and invited members of the public. Supervision and Foreseeability Courts consider in the "special relationship" whether the college or university exercised control or supervision over the student in a situation presenting foreseeable danger. Imminent foreseeability Where the school knows or should know self-harm is an "imminent probability," a special relationship may be created and therefore the university may be held liable. Warner Ammendment Stipulates a student must be FOUND GUILTY of violating a federal, state, or local law or instuitutional poicies and MUST be under 21 is a university is to contact parents according to FERPA legislation.