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    which of the following is not an exception to the prohibition against the release of personally identifiable information without parental consent?

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    The Family Educational Rights and Privacy Act (FERPA): A Legal Overview

    The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting...

    The Family Educational Rights and Privacy Act (FERPA): A Legal Overview

    November 30, 2005 – November 19, 2013 RS22341

    The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, was designed to address parents’ growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children.

    No substantial legislative changes have been made to FERPA since 2001, but in 2011, the Department of Education (ED) issued controversial new regulations that, among other things, permit educational agencies and institutions to disclose personally identifiable information to third parties for purposes of conducting audits or evaluations of federal- or state-supported education programs. These regulations are discussed below, as is a recently dismissed lawsuit challenging ED’s new rules.

    Download PDF Download EPUB Revision History Nov. 19, 2013 HTML · PDF May. 1, 2013 PDF Oct. 17, 2008 PDF Nov. 30, 2005 PDF Metadata Topic areas

    Intelligence and National Security

    American Law

    Report Type: CRS Report

    Source: EveryCRSReport.com, University of North Texas Libraries Government Documents Department

    Raw Metadata: JSON

    The Family Educational Rights and Privacy Act (FERPA): A Legal Overview

    November 19, 2013 (RS22341)

    Contents

    Access to Education Records

    Release of Education Records

    General Exceptions

    Directory Information

    Health and Safety Exception

    Disclosure of Misconduct and Drug and Alcohol Violations

    Disclosures Related to the Investigation and Prosecution of Terrorism

    The 2011 Regulations

    Enforcement of FERPA Violations

    Summary

    The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, was designed to address parents' growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children.

    No substantial legislative changes have been made to FERPA since 2001, but in 2011, the Department of Education (ED) issued controversial new regulations that, among other things, permit educational agencies and institutions to disclose personally identifiable information to third parties for purposes of conducting audits or evaluations of federal- or state-supported education programs. These regulations are discussed below, as is a recently dismissed lawsuit challenging ED's new rules.

    The Family Educational Rights and Privacy Act (FERPA): A Legal Overview

    This report provides an overview of the Family Educational Rights and Privacy Act (FERPA),1 as well as a discussion of several court cases that have clarified the statute's requirements.

    Access to Education Records

    Under FERPA, educational agencies and institutions that receive federal funds must provide parents with access to the educational records of their children. Access must be provided within a reasonable time, but no later than forty-five days after a request to access education records has been made. In addition, the statute provides parents with an opportunity to challenge the content of their children's education records in order to ensure that the records are not inaccurate, misleading, or otherwise in violation of a student's privacy rights.2

    Under the statute, education records are defined to include those records, files, documents, and other materials that contain information directly related to a student and that are maintained by an educational agency or institution or by a person acting for such agency or institution.3 Education records may also include videotape and products of other media.4 However, education records do not include any of the following: (1) records of educational personnel that are in the sole possession of the maker and not accessible to anyone other than a substitute; (2) records maintained by a law enforcement unit of an educational agency or institution for purposes of law enforcement; (3) employment records; or (4) medical records for students who are age eighteen or older.5

    The parents of a student may exercise rights granted by FERPA until the student reaches the age of eighteen or attends an institution of postsecondary education. At that point, the rights defined by FERPA are transferred from the parents to the student.6 However, FERPA provides that certain types of information shall not be available to students in institutions of postsecondary education. Such students shall not have access to their parents' financial records. Letters and statements of recommendation submitted prior to the enactment of FERPA must also remain confidential if the letters are not used for other purposes. Finally, recommendations regarding admission to any educational agency or institution, employment application, and the receipt of an honor must remain confidential if the student has signed a waiver of his right of access.7

    Release of Education Records

    Source : www.everycrsreport.com

    FERPA: Confidentially Records Flashcards

    Study with Quizlet and memorize flashcards terms like Which of the following is an example of educational record according to FERPA?, Education records may be released without consent only if:, Sole possession records are records that are: and more.

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    Which of the following is an example of educational record according to FERPA?

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    School discipline records

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    Education records may be released without consent only if:

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    All personally identifiable information has been removed.

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    Terms in this set (15)

    Which of the following is an example of educational record according to FERPA?

    School discipline records

    Education records may be released without consent only if:

    All personally identifiable information has been removed.

    Sole possession records are records that are:

    Used only as a personal memory aid

    Under FERPA, an "eligible student":

    is 18 or older or attends a school beyond high school level

    Which of the following is NOT an exception to the prohibition against the release of personally identifiable information without parental consent?

    providing relevant information requested by media outlets

    The annual FERPA notification process must ensure that parents understand their rights to:

    disallow any disclosure of directory information

    If a requested education record includes information about other children:

    that the information must be removed prior to disclosure

    As specified by FERPA, noncustodial parents:

    Have the full rights as parents for access to student records

    School officials can release personally identifiable information without parental consent if:

    It's requested by school officials with legitimate education interests

    Disclosures means to permit access to, or the release, transfer or other communication of:

    Personally identifiable information

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    FERPA exceptions: FERPA Basics: Family Educational Rights and Privacy Act (FERPA): Indiana University

    FERPA Exceptions

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    Family Educational Rights and Privacy Act (FERPA)

    Home FERPA Basics FERPA exceptions

    FERPA EXCEPTIONS

    FERPA EXCEPTIONS Release without student written consent

    FERPA allows the institution the right to disclose education records or identifiable information to third parties (i.e., anyone not a “school official”) without the student's consent under the following circumstances:

    University officials carrying out their specifically assigned educational or administrative responsibilities. This includes contractors, consultants, volunteers and other vended service providers used in the capacity as an official including the IU Foundation and the National Student Clearinghouse. They are required to comply with university security standards.

    Appropriate officials in connection with a health or safety emergency

    Federal officers as prescribed by law

    As required by state law

    Officials of other institutions at which a student seeks to enroll

    Persons or organizations providing financial aid to students

    Accrediting agencies carrying out their functions

    Parents of a student who have established that student's status as a dependent according to Internal Revenue Code of 1954, Section 152. While permitted under FERPA, IU generally does not use this exception and in most cases will refer the parents to the Third Party Pin tool for access

    Parents of a student regarding the student’s violation of any Federal, State or local law or policy of the school, governing the use or possession of alcohol or controlled substance if the school determines the student committed a disciplinary violation and is under the age of 21

    Research projects on behalf of educational agencies for test norms, improving instruction, etc. (provided that the agencies guarantee no personal identification of students)

    An alleged victim of a crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator. Information may be given only in respect to the crime committed

    Information the school has designated as “directory information,” or public, may be released if the student has not filed a FERPA restriction

    In response to a judicial order or lawfully issued subpoena (provided that the student is notified prior to compliance or provided that a reasonable attempt to notify the student has been made)

    Other law enforcement agencies in the investigation of a specific criminal case

    Attorney General of the United States or his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes, under the US Patriot Act

    Veteran’s Administration officials

    Representatives of the Department of Homeland Security or Immigration and Customs Enforcement, for purposes of the coordinated interagency partnership regulating the Student and Exchange Visitor Information System (SEVIS)

    Source : ferpa.iu.edu

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