Yes, the parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. See34 CFR 99.8(a)(1). The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Generally, no. The school or LEA enters into a written agreement with the community-based organization. The school or LEA should determine which data elements are necessary for the activity in question and provide only those elements. Letter regarding the applicability of FERPA to undergraduate and graduate student theses that are made publicly available in university libraries for research purposes. The written agreement requirement of FERPA does not apply to disclosures of education records made under this exception to FERPAs general consent requirement including the redisclosure of education records by an SEA. School officials may also share information with a parent about an eligible student that is based on that officials personal knowledge or observation and that is not based on information contained in an education record. 34 CFR 99.3. 34 CFR 99.31(a)(3) and 99.35. The primary purpose of directory information is to allow the School District to include this type of information from your child's education records in certain school publications. Absent the prior, written consent from the parent or eligible student, FERPA prohibits personally identifiable information (PII) from education records from being published in a way that would allow individual students and their parents to be identified. Once a student becomes an eligible student, the rights afforded his or her parents under FERPA transfer to that student. This document is a template notice for notifying parents and eligible students (students over 18 years of age or attending a school beyond the high school level) about the type of information from student's education records, designated by a School District as "directory information," that schools may disclose without consent, unless advised to . In addition, the LEA must notify parents that they may opt out of this disclosure. If a student under 18 is enrolled in both high school and a local college, do parents have the right to inspect and review his or her education records? Specifically, it provides that redisclosures may only be made to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure must be consistent with the state or tribal laws applicable to protecting the confidentiality of a students education records. May schools publish honors and awards received by a student? This case study illustrates a scenario where a State educational agency enters into an agreement to share education data with a Head Start Program. This document provides best practice recommendations for SEAs on presenting information about education data governance and sharing on a SEA website. FERPA Model Notice for Directory Information Colorado - Library If the law enforcement unit of an educational agency or institution creates and maintains videos for a law enforcement purpose, then the videos would not be education records and FERPA would not prohibit the law enforcement unit of an educational agency or institution from disclosing the videos to the police. See 99.32(d). The written agreement requirements in the FERPA regulations do not apply to a disclosure of PII from education records made under this exception by an LEA or school. Letter regarding the applicability of FERPA to State law that require school districts to report students who have been expelled or withdrawn from school to the Secretary of State for the purposes of obtaining a driver's license. No. May a parent or eligible student have an attorney at an amendment hearing? Letter to Kennesaw State University (GA) regarding whether certain disciplinary records can be disclosed pursuant to State open records law. Back note to the Department's annual notices to SEAs and LEAs; Notify the Chief Status Instruct Officials; Notice on Superintendents; Modeling Forms: FERPA Paradigm Notification of Access fork Elementary & Subordinate Trains; FERPA Model Directory Information Notice (En espaol) Model Notification forward Postsecondary Officials Yes. The institution may disclose to the victim the final results of the disciplinary proceeding regardless of whether the institution concluded a violation was committed. This guide provides general information on a parents rights under FERPA. Who are considered appropriate parties that may receive information under the health or safety emergency exception? LEAs are also generally required to provide students names, addresses, and telephone listings to military recruiters, when requested. PDF Family Educational Rights and Privacy Act (FERPA) Would a Child Welfare Agency (CWA) or tribal organization be subject to FERPAs five-year rule if it improperly redisclosed personally identifiable information (PII) from education records? This checklist is designed to assist stakeholder organizations with developing and maintaining a successful data security program by listing essential components that should be considered when building such a program, with focus on solutions and procedures relevant for supporting data security operations of educational agencies. The document provides these entities with information about requirements and best practices for data disclosures under the studies exception and the audit or evaluation exception, as specified in FERPA. The letter provides practices and recommendations to States on how to protect privacy when publicly reporting. Educators and other youth-serving professionals will find clear directions here on how to share information while complying with FERPA. This brief provides best practices for data security and data management trainings for educational leaders. While the rights under FERPA transfer from the parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age, FERPA provides ways in which an institution can share education records on the student with his or her parents. This document is a template notice for school districts notifying parents and eligible students (students over 18 years of age or attending a school beyond the high school level) to inform eligible students about their rights under the Protection of Pupil Rights Amendment (PPRA). Does FERPA protect the education records of students that are deceased? This Statewide Longitudinal Data Systems (SLDS) Technical Brief focuses on data stewardship, which involves each organizations commitment to ensuring that privacy, confidentiality, security, and the appropriate use of data are respected when personally identifiable information is collected. What actions must the agency or institution take to ensure the parent or eligible student receives a timely and fair hearing regarding the amendment of education records? Letter explaining that there is no basis in FERPA and IDEA for concluding that education records may be disclosed by a school district without prior written consent because a parent previously permitted them to be submitted into evidence in an open public hearing. This letter is in response to the University of North Carolina's inquiry on whether there are any restrictions that would prevent any of its 16 individual constituent institutions that are part of the University of North Carolina (UNC) from providing to the University of North Carolina General Administration (UNC-GA) information from students' Free Application for Federal Student Aid (FAFSA) that is provided to each institution by the Department in the form of an Institutional Student Information Record (ISIR). Are there any limitations as to what education records may be disclosed to a community-based organization to which a school has outsourced an institutional service under the school official exception? While it is not mandatory to develop a data use policy, the U.S. Department of Education recommends doing so as a best practice. See 34 CFR 99.35(a)(2). Can stepparents, grandparents, and other caregivers be considered parents under FERPA? See 99.31(a)(9)(i) and (ii). FERPA Model Notice for Directory Information. Ferpa - Nyu (Spanish version). Yes. For example, a representative from the city police who serves on a schools threat assessment team generally could not give the police department any PII from a students education records to which he or she was privy as a member of the team. In this regard, the law requires that a senior military officer (e.g., Colonel or Navy Captain) visit the LEA within 120 days. Letter to University of California regarding whether FERPA permits disclosure of borrower information may be disclosed to the U.S. Department of Education's Ombudsman under FERPA's financial student aid exception. A brief description of each threat is followed by a suggestion of appropriate risk mitigation measures. For example, if the school has a policy of allowing postsecondary institutions or prospective employers to come on school property to provide information to students about educational or professional opportunities, it must afford the same access to military recruiters. Guidance on FERPA as it relates to disclosure of PII to health departments regarding H1N1 flu outbreak. FERPA does not require schools to create education records nor does it require schools to maintain education records, unless there is an outstanding request by a parent or eligible student to inspect and review the records. See 99.32. For activities that do not fit within the statutory exceptions to consent, we recommend that schools, local educational agencies (LEAs), and/or community-based organizations build written consent into the registration process so that when parents sign students up for services offered by a community-based organization, the organization obtains the consent needed to access those education records of the student that will be needed to provide its services to that student. This one-page document provides a brief overview of parents and eligible students rights under the Family Educational Rights and Privacy Act (FERPA), with a particular focus on student health records. What rights does a parent or eligible student have if, as a result of the hearing, the school decides that the information in the education record is not inaccurate or misleading? Letter addressing whether FERPA would permit the disclosure of PII from students' education records in connection with seeking reimbursement from Medicaid for medical services provided by a school. Any applications or services that collect personally identifiable information (PII) from students education records under the school officials exception to prior consent in FERPA must: Remember that the use of some applications or services may introduce security or privacy vulnerabilities into the school or districts IT systems. DOCX Model Notification of Rights under FERPA for Elementary and - ed PDF Annual Notification of FERPA Rights Directory Information Notice However, the SEA would not have to make a record of the redisclosure if the LEA had made a record of the disclosure to the SEA and included in that record the name of the CWA or tribal organization and its legitimate interest (i.e., to permit the CWA or tribal organization to address the education needs of the child) to which the additional disclosure of the education records would be made. Model Notice for Directory Information The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Upper Merion Area School District, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, the student becomes an eligible student, and all rights under FERPA transfer from the parent to the student. However, if the CWA or tribal organization does redisclose PII from an education record on a student in foster care placement to anyone other than an agency- or organization-employed caseworker or other representative who has the right to access a students case plan, the Department recommends, as a good data management practice, that the CWA or tribal organization record the redisclosure and inform the school of the redisclosure for record keeping purposes. What are the requirements for access by military recruiters to high school students? as directory information and/or obtain consent from the parents or eligible students to publicly disclose photos or videos from these events. This guide provides general information on a parents rights under FERPA. 675(1) as a written document that must include a number of specified items that, among other things, must address both the proper care of children in foster care placement. Yes. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so. See 99.33. A school surveillance video showing two students fighting in a hallway, used as part of a disciplinary action, is directly related to the students fighting. Brochure that schools can use to notify volunteers of their legal responsibilities to preserve student privacy. According to 34 CFR 99.3, education records are "directly related to a student" and maintained by the "educational agency or institution or by a party acting for the agency or institution.". 400 Maryland Avenue, SW Washington, DC 20202 [NOTE: In addition, a school may want to include its directory information public notice, as required by 99.37 of the regulations, with its annual notification of rights under FERPA.] Among the factors that may help determine if a photo or video should be considered directly related to a student are the following: A photo or video should not be considered directly related to a student in the absence of these factors and if the students image is incidental or captured only as part of the background, or if a student is shown participating in school activities that are open to the public and without a specific focus on any individual. This document discusses the 2011 changes to regulations regarding data sharing between SEA and a research organization. Yes. Records of the law enforcement unit of an educational agency or institution. Some of the FERPA exceptions to consent require the recipient of education records to destroy personally identifiable information (PII) from education records when it is no longer needed. Examples include: A playbill, showing your student's role in a drama production; The annual yearbook; Honor roll or other recognition lists; Graduation programs; and For more information on penalties for FERPA violations, see 34 CFR 99.67. Are there situations in which school officials may non-consensually disclose personally identifiable information from education records of students who have been disciplined for conduct that posed a significant risk to the safety of the school community? This guidance document reviewsparents rights under the PPRA and education officials obligations in implementing the PPRA. While FERPA does not specifically prohibit a school from disclosing personally identifiable information from a students education records over the telephone, it does require that the school use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the school discloses personally identifiable information from education records. Letter regarding the applicability of FERPA to Minnesota's alleged child abuse reporting and investigation laws pursuant to the Federal Child Abuse Prevention and Treatment Act (CAPTA). This document is a template notice for postsecondary institutions to use in informing eligible students about their rights under FERPA.