Tech Directions - September 2007 - (Page 33)

health and safety emergencies; and ● State and local authorities, within a juvenile justice system, pursuant to specific state law (U.S. Department of Education, 2005). The stipulation containing “legitimate educational interest” requires a closer look. Hall and Marsh (2003) report that school officials have a legitimate educational interest if it is “specific to their duties” (p. 296). For example, counselors and academic advisors may review educational records of students to assist in planning their courses of study, but a registrar could not randomly browse student records (Hall & Marsh, 2003). One notable exception to the release of “personally identifiable information” relates to compliance reporting in accordance with the reauthorized Carl D. Perkins Career and Technical Education Improvement Act of 2006 and the Workforce Investment Act of 1998. As performance indicators, both Acts require certain wage and employment data that are linked to a student’s social security number. To satisfy accountability mandates, the Department of Education issued a memo, still in effect, that outlines three possible compliance options for institutions (E. Campbell, personal communication, August 25, 2006). In essence, operating under the “disclosure to improve instruction” exception, (1) schools can receive the employment records and internally match the employment status of students or former students, (2) prior consent for the release of Social Security numbers can be obtained from students (or the parents of minors) for employment purposes, or (3) a school official can participate directly in the computer matching process with the state to ensure that it is carried out in a manner consistent with FERPA requirements (Florida Department of Education, 2003; Wilson, 2004). FERPA also permits disclosing “directory information” without specific consent of a parent or eligible student. This is information “contained in educational records which would not generally be con- sidered harmful or an invasion of privacy if released” (Hall & March, 2003, p. 292). Directory information may include a student’s name, address, telephone number, e-mail address, date and place of birth, major field of study, full- or part-time enrollment status, degrees, honors, awards, and the weight and height of athletes (NSBA, 2004). However, it may never include a student’s race, gender, Social Security or student identification number, grades, GPA, country of citizenship, or religion (Bensing, 2005). Although educators may release directory information without prior consent, institutions must notify parents and students regarding the types of information the school or college has designated as directory information and provide them with procedures for opting out of its release (NSBA, 2004). FERPA’s Relation to Other Federal Laws and Enactments Since FERPA’s enactment in 1974, it has been amended several times in light of new developments. Also, additional laws and regulations have evolved that interThe Family Rights sect with FERPA and present new chaland Privacy Act has lenges for CTE edusignificant implications cators working with for career and technical students now. Speeducators, but many administrators cifically, the USA and instructors are uncertain about Patriot Act, No Child Left Behind Act, how FERPA applies to their students. Protection of Pupil Rights Amendment, Health Insurance surveys. Schools conducting surPortability and Accountability Act, veys funded by the U.S. Department and Improving Educational Results of Education must obtain written for Children with Disabilities Act all permission before minor children include legislation that redefines or can participate in surveys that reextends FERPA’s privacy provisions. veal personal information related to Due to the events of September political affiliations, mental and 11, 2001, colleges and universities psychological problems, sexual have received increased requests for behaviors, religious practices, and information regarding students atcertain other behaviors, practices tending their institutions. These and legally recognized privileged requests have raised new questions relationships. related to FERPA and the release of FERPA also has a connection with educational records. As a result, the the Health Insurance Portability and Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot) Act of 2001 and its reauthorized version signed into law on March 9, 2006, amended FERPA to allow federal law enforcement officials, with a court order, access to educational records “without the consent or knowledge” of the parents or eligible student when investigating alleged terrorism (NSBA, 2004; Stover, 2002). The No Child Left Behind (NCLB) Act of 2001 requires schools to provide certain directory information (names, addresses, and phone numbers) to military recruiters. However, it also stipulates that educational institutions must notify parents of this requirement and provide for opting out of this disclosure. NCLB also requires schools to transmit records relating to suspension and expulsion of students transferring to any public or private school (NSBA, 2004). NCLB also amended the Protection of Pupil Rights Amendment (PPRA) of 1998 to give parents and children additional rights to privacy regarding certain types of student www.techdirections.com CAREER/TECHNICAL EDUCATION 33 http://www.techdirections.com

Table of Contents Feed for the Digital Edition of Tech Directions - September 2007

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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