Tech Directions - September 2007 - (Page 34)

Accountability Act (HIPAA) of 1996, which ensures that individuals have access to their health records and that information contained in those records is not available to unauthorized persons (Center for Health and Health Care in Schools, 2003). But the Act indicates that school-maintained health information regarding minors and eligible students is part of the student’s “educational records” and therefore not covered by HIPAA regulations, but rather falls under all the previously discussed policies related to privacy of educational records defined in FERPA. Together, HIPAA and FERPA ensure that all individuals are afforded privacy regarding the management of their health records. For example, health information entered by a school nurse becomes part of the student’s educational record and is therefore governed by FERPA (Center for Health and Health Care in Schools, 2003). The reauthorized Improving Educational Results for Children with Disabilities Act (IDEA) of 2004 calls for increased fair record-keeping consent of the parents or guardian” (Special School District, n.d., ¶ 3). Due to the additional confidentially requirements of IDEA, what might ordinarily be considered directory information under FERPA requires parent or eligible student consent because any disclosure of information could be interpreted as identifying a student with a disability (Special School District, n.d.). As more students with special needs are served by inclusive education, CTE instructors and administrators will need to stay well informed about students’ and parents’ rights. most states for those harmed by the unauthorized release of private educational records (Kaplin & Lee, 1995). Compliance Guidelines for CTE Educators In the classroom, educators must ensure student privacy. For example, instructors should not post grades publicly in a way that identifies individual students (e.g., by using names or Social Security numbers); discuss a student’s academic performance or attendance with someone other than the student or an official with a legitimate educational interest; display projects that reveal students’ names and grades (unless a parent, guardian, or eligible student provides written consent); post progress charts in the laboratory that track a student’s completion of activities or assignments that will ultimately lead to a grade; place graded exams or report cards on a table to be picked up (which requires students to sort through all papers); and or disclose grades to the parents of adult students without the student’s consent. It’s interesting to note that a case that found its way to the Supreme Court, Owasso Independent School District v. Falvo, 2002, ruled that peer grading, the practice of having students exchange papers to grade, does not violate FERPA. The Supreme Court, in a decision on February 19, 2002, declared that peer graders are not acting as agents for the educational institution nor are they “maintaining” the grade. In fact, the Court held that “correcting a classmate’s work can be as much a part of the assignment as taking the test itself. It is a way to teach material again in a new context, and it helps show students how to assist and respect fellow pupils” (Hall & Marsh, 2003, p. 304). Still, students retain the right to opt out of such practices. While the Falvo case is often quoted regarding permission to use peer-graders, the courts are less clear when it comes to studentworkers and parent volunteers who have access to grades and records. Enforcement of FERPA Currently, the Family Policy Compliance Office (FPCO) of the Department of Education has responsibility for enforcing FERPA and responding to complaints regarding suspected violations. The FPCO requires school districts to notify parents and eligible students of their rights to file a complaint and information detailing how to do so. If a parent or eligible student thinks that privacy rights have been violated under FERPA, they can file a written complaint with the FPCO. The FPCO will then notify CTE educators also the involved school and request a writneed to keep FERPA in ten response. Folmind when interacting lowing an investigawith employers of tion, if the school students who participate in workdistrict is found in based learning initiatives and when violation, the FPCO will detail what is writing letters of recommendation. required for compliance and provide a timeline during procedures and confidentiality rewhich the school may comply volungarding students with disabilities. tarily. These records may include formal Sanctions for noncompliance and informal assessments, anecdotal include temporarily withholding records, behavior lists, and checkpayments of federal assistance until lists. a resolution can be reached and may lead to the termination of all eligibilLike FERPA, the IDEA Act allows ity to receive federal funds (U.S. parents to inspect and review all Department of Education, 2006). I records pertaining to their child. might mention here that while IDEA further prohibits schools “from FERPA does not allow parents or releasing information to unauthoeligible students to sue schools rized persons regarding a student’s under the federal law, a legal right to disability, or the fact that a student is seek compensation does exist in disabled [italics added], without the 34 techdirections ◆ SEPTEMBER 2007

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

For optimal viewing of this digital publication, please enable JavaScript and then refresh the page. If you would like to try to load the digital publication without using Flash Player detection, please click here.