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The Law & Ethics of  Student Records:How to Comply with FERPA      J. Mark White, Staff Attorney   Arkansas Department of ...
Goal: To outline a legal and ethicaldecision-making framework to assist  you in making everyday decisions about student re...
What is legal is not always ethical.
What is legal is not always ethical.                     Choices   Choices that                       that    are legal.  ...
The Code of Ethicsfor Arkansas Educators“An educator keeps in confidenceinformation about students and colleaguesobtained i...
American SchoolCounselor Association      www.schoolcounselor.org• Informed Consent• Protect Confidentiality • Obey all leg...
American SchoolCounselor Association       www.schoolcounselor.org• Balance Student’s and Parents’ Rights • Recognize each...
FERPA: FamilyEducational Rights and Privacy Act of 1974(“The Buckley Amendment”)
“The purpose of myamendment was tostrengthen the parentalrole by requiring schoolsthat received federalfunding to providep...
Parents have a guaranteed right to inspect any and alleducation records related to    their minor children.
Parents have a guaranteed right to inspect any and alleducation records related to    their minor children.
Parents have a guaranteed right to inspect any and alleducation records related to    their minor children.
Parents have a guaranteed right to inspect any and alleducation records related to    their minor children.
“Eligible Student”  A student who has:• Reached the age of 18;• Has graduated or transferred to a post-  secondary institu...
“Eligible Student”  An eligible student’s parents have the same  rights to information so long as:• The student meets the ...
“Eligible Student”  An eligible student’s parents have the same  rights to information so long as:• The student meets the ...
When you must release  education records• Parent Request• Student Transfer• Child Abuse Investigation
When you may release     education records•   Read your district policy•   School officials•   Arkansas Department of Educa...
When you may release     education records•   Parent’s written consent•   Other schools•   Scholarships / financial aid•   ...
Amendments“If a parent or eligible student believes theeducation records relating to the studentcontain information that i...
Are you in danger?
Are you in danger?•   Ethics Charges•   Discipline•   Loss of Job•   Loss of federal funding•   Nasty Letter from    U.S. ...
Thank you!   Mark White, Staff AttorneyArkansas Department of Education   Mark.White@Arkansas.gov        (501) 682-4227
FERPA Slide Show
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FERPA Slide Show

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Presentation for Career Development Conference in Hot Springs, AR on February 22, 2012.

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FERPA Slide Show

  1. 1. The Law & Ethics of Student Records:How to Comply with FERPA J. Mark White, Staff Attorney Arkansas Department of Education
  2. 2. Goal: To outline a legal and ethicaldecision-making framework to assist you in making everyday decisions about student records and privacy.
  3. 3. What is legal is not always ethical.
  4. 4. What is legal is not always ethical. Choices Choices that that are legal. are ethical.
  5. 5. The Code of Ethicsfor Arkansas Educators“An educator keeps in confidenceinformation about students and colleaguesobtained in the course of professionalservice, including secure standardized testmaterials and results, unless disclosureserves a professional purpose or is allowedby law.” (Standard 6, Code of Ethics)
  6. 6. American SchoolCounselor Association www.schoolcounselor.org• Informed Consent• Protect Confidentiality • Obey all legal requirements • Avoid serious and foreseeable harm• Promote Autonomy and Independence
  7. 7. American SchoolCounselor Association www.schoolcounselor.org• Balance Student’s and Parents’ Rights • Recognize each parents’ right to be the guiding voice in a child’s life, especially in value-laden issues
  8. 8. FERPA: FamilyEducational Rights and Privacy Act of 1974(“The Buckley Amendment”)
  9. 9. “The purpose of myamendment was tostrengthen the parentalrole by requiring schoolsthat received federalfunding to provideparents, on request, withall information relating totheir children.” -- Sen. James L. Buckley
  10. 10. Parents have a guaranteed right to inspect any and alleducation records related to their minor children.
  11. 11. Parents have a guaranteed right to inspect any and alleducation records related to their minor children.
  12. 12. Parents have a guaranteed right to inspect any and alleducation records related to their minor children.
  13. 13. Parents have a guaranteed right to inspect any and alleducation records related to their minor children.
  14. 14. “Eligible Student” A student who has:• Reached the age of 18;• Has graduated or transferred to a post- secondary institution; or• Has been emancipated by court order.
  15. 15. “Eligible Student” An eligible student’s parents have the same rights to information so long as:• The student meets the definition of a “dependent student” in § 152 of the Internal Revenue Code of 1986. The student is still living at home or is financially dependent on the parents.
  16. 16. “Eligible Student” An eligible student’s parents have the same rights to information so long as:• The student meets the definition of a “dependent student” in § 152 of the Internal Revenue Code of 1986.• The student is still living at home or is financially dependent on the parents.
  17. 17. When you must release education records• Parent Request• Student Transfer• Child Abuse Investigation
  18. 18. When you may release education records• Read your district policy• School officials• Arkansas Department of Education• A student who is under 18• Directory information
  19. 19. When you may release education records• Parent’s written consent• Other schools• Scholarships / financial aid• Health or safety emergency• Judicial order or subpoena
  20. 20. Amendments“If a parent or eligible student believes theeducation records relating to the studentcontain information that is inaccurate,misleading, or in violation of the studentsrights of privacy, he or she may ask theeducational agency or institution to amendthe record.”
  21. 21. Are you in danger?
  22. 22. Are you in danger?• Ethics Charges• Discipline• Loss of Job• Loss of federal funding• Nasty Letter from U.S. Dept. of Education
  23. 23. Thank you! Mark White, Staff AttorneyArkansas Department of Education Mark.White@Arkansas.gov (501) 682-4227

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