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Dr. William Kritsonis

Dr. William Kritsonis
Public School Law

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    Ferpa Ppt Ferpa Ppt Presentation Transcript

    • FERPA William Allan Kritsonis, PhD
    • Purpose of FERPA
      • The Family Education Rights and Privacy Act of 1974 (FERPA)
        • Ensures that parents have access to their
        • children’s educational records
        • Protects the privacy rights of
        • parents and children by limiting
        • access to these records without
        • parental consent.
    • What is FERPA
      • A federal law that protects the privacy of student education records.
      • Also known as the Buckley Amendment
      • FERPA deals with:
        • Access to educational records
        • Parental right to inspect and review
        • records
        • Amendment of records
        • Destruction of records
    • The Buckley Amendment
      • This act is enforced to guarantee the
      • rights of citizens, but especially to protect
      • students in whom the federal government
      • has made a significant investment.
      • Toward these ends, the FERPA
      • act mandates that schools must
      • "annually" and "effectively" notify
      • current students of their federally
      • affirmed rights.
    • Who does FERPA apply to
      • FERPA applies to all agencies and
      • institutions that receive federal funds,
      • including elementary and secondary
      • schools, colleges and universities.
    • Educational Records
      • There are two types of educational records defined under FERPA.
        • Directory Information
          • Can be disclosed without the written
          • consent of the student
          • Release can be restricted with formal
          • request.
        • Non-directory information
          • Cannot be released to anyone without
          • prior written consent of the student.
          • Faculty and staff can access with
          • legitimate academic need.
    • What’s Included
      • Directory Information
        • Name
        • Address
        • Phone number and email address
        • Dates of attendance
        • Degree(s) awarded
        • Enrollment status
        • Major field of study
      • Non-Directory Information
        • Social security numbers
        • Student identification number
        • Transcripts
        • Gender
        • Race
    • Landmark Case
      • Gonzaga University v. Doe (2002):
        • Court noted that individuals cannot
        • sue for damages for FERPA violations.
        • The punishment for violations, noted
        • the Court, should be the denial of
        • federal funds to schools that
        • demonstrate noncompliance with
        • privacy laws.
    • Landmark Case
      • Owasso Independent School District v. Falvo (2002):
        • Decision upheld the constitutionality
        • of peer grading. Actions did not violate
        • FERPA because student records
        • were not being maintained by the
        • peer graders.
    • Landmark Case
      • McGilvray v. Moses (1999):
        • This case involves a teacher who gave
        • personally identifiable information to someone
        • not employed by the district. The Texas
        • Commissioner of Education noted
        • that the list contained personally
        • identifiable information and violated
        • the students FERPA rights
    • References
      • Family Educational Rights and Privacy Act (FERPA) (2007, April 24). Retrieved March 24, 2008, from http:// www.ed.gov/print/policy/gen/guid/fpco/ferpa/index.html
      • Privacy, Confidentiality, Education Records (2002, January 1). Retrieved March 24, 2008, from http:// www.wrightslaw.com/info/ferpa.index.htm
      • Van Dusen, William D., Jr. (2004). FERPA: Basic guidelines for faculty and staff a simple step-by-step approach for compliance. Retrieved March 24, 2008, from the NACADA Clearinghouse of Academic Advising Resources Web site: http://www.nacada.ksu.edu/Resources/FERPA-Overview.htm
      • Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator's guide to Texas School Law (6th ed.). Austin: University of Texas Press. Retrieved March 30, 2008