Tech Directions - September 2007 - (Page 32)

A Peer-Reviewed Article Details on the Family Educational Rights and Privacy Act How Does FERPA Affect You? By Thomas V. Toglia thomas.toglia@enmu.edu HE Family Educational Rights and Privacy Act (FERPA) has significant implications for career and technical educators. Although FERPA was enacted in 1974 to oversee the privacy, discharge, and accuracy of educational records, many administrators and instructors are uncertain about how FERPA applies to their students. The information I provide here clarifies various components of FERPA and their application to situations frequently encountered by career and technical educators. (Note that I do not intend this as legal advice and recommend consulting a lawyer if a legal issue arises.) Career and technical education (CTE) programs present unique challenges regarding the privacy of student records. T FERPA Overview FERPA guidelines apply to elementary, secondary, and adult students in public and private institutions that receive federal funds. They provide explicit regulations regarding the privacy and release of students’ educational records (Hall & Marsh, 2003). FERPA defines education records Thomas V. Toglia is an assistant professor of professional technical education, Eastern New Mexico University, Portales. as “documents containing information related to a student which are maintained by an educational agency” (Kaplin & Lee, 1995, p. 577). More specifically, educational records might include a student’s date and place of birth; parental information; grades, test scores, and courses taken; special education records; disciplinary records; medical and health records; attendance documentation, schools attended, awards, and degrees earned; and personally identifiable information such as the student’s identification code, Social Security number, photograph, and other information used for identification purposes (NSBA, 2004). These records may appear in handwriting, print, computer media, video- or audiotape, film, microfilm and microfiche and are not necessarily maintained in an official student file, but may be in a teacher’s possession (Hall & Marsh, 2003). Equally important, FERPA does not define certain documents as educational records. These include sole possession notes made by teachers such as grade books, treatment records pertaining to adult students (e.g., notes from a physician), records developed by law enforcement agencies, student employment records, and alumni records (Hall & Marsh, 2003). Release and access procedures governing records can differ signifi- cantly, depending on the age of the student. For example, parents and legal guardians of students under the age of 18 have the right to inspect and review their child’s educational records, and they can request corrections to records they believe are inaccurate or misleading. Also, in most cases involving minors, schools must obtain parental permission to release information from a student’s educational records (U.S. Department of Education, 2005). A student 18 or older or enrolled in a postsecondary institution is designated an “eligible student,” and the rights of privacy and consent provided by FERPA transfer to the student (NSBA, 2004). With some exceptional individuals or circumstances, FERPA allows institutions to disclose educational records without the consent of parents or an eligible student: ● School officials with legitimate educational interest; ● Other schools to which a student is transferring; ● Specified officials for audit or evaluation procedures; ● Appropriate parties in connection with financial aid to a student; ● Organizations conducting certain studies for or on behalf of the school; ● Accrediting organizations; ● To comply with a judicial order or lawfully issued subpoena; ● Appropriate officials in cases of 32 techdirections ◆ SEPTEMBER 2007

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Technically Speaking Contents Direct from Washington The News Report Technology’s Past Technology Today Mastering Computers Dome, Sweet Dome—Geodesic Structures Teach Math, Science, and Technology Principles Help Students Become Wise Energy Consumers How Does FERPA Affect You? Camera Operator and Videographer e-gallery Product Central Free for the Asking More than Fun

Tech Directions - September 2007

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