1. Liability & Student Records
Presented by: Melissa Beavers, Becky Buhler, & Janae Gile

2. Educational Records
 Primary purpose of maintaining educational records is to aid school personnel
in developing the best educational program for each student enrolled in the
school.
 Directory data, family background information, health records, progress
reports, achievement test results, psychological data, disciplinary records and
other confidential materials are included as well.
 Should contain information used for counseling, program
development, individualized instruction, grade placement, college
admissions, and a variety of other purposes.
 Information contained in student records is there for the exclusive use of
teacher/principal/counselor that has a legitimate interest in accessing this
information as they work with that specific student.

3. Family Educational Rights & Privacy Act
(FERPA)
 Public Law 93-380 (federal statute) protects the confidentiality of student
records.
 Buckley Amendment was originally enacted in 1974 to guarantee parents and
students a certain degree of confidentiality and fundamental fairness with
respect to the maintenance and use of student records.
 Law was designed to ensure that certain personally identifiable information
was not released without parental consent.
 Schools should develop policies and procedures, including a listing of the
types and locations of educational records and persons who are responsible
for maintaining these records.

4. Rights of Parents
 Parents or legal guardians have the right to inspect their child’s
records.
 Parents/guardians may challenge the accuracy of any information
found in the file. School is then required to schedule a conference
within a reasonable period of time (suggested within 10 days but no
more than 45 days).
 If an agreement can be reached, no further action is necessary and
deletions or corrections should be executed, recorded, and
communicated to parents in written form.
 If an agreement cannot be reached, parents may request a hearing to
appeal the decision reached in the conference. This should take place
within 10 days or less.

5. Rights of Noncustodial Parents
 The courts have maintained that neither
parent could be denied access to the child’s
records under the Family Educational Rights
and Privacy Act.

6. Rights of Eligible Students
 The student may exercise the same rights
afforded parents or guardians, if he or she
has reached the age of 18 or in enrolled in
a postsecondary institution.

7. Rights of School Personnel
 Teachers, counselors, and administrators
who have a legitimate educational interest
in viewing record may do so. A written
form, must be maintained permanently
with the file.

8. Confidentiality
 School counselors are not required to share
information obtained from students with
their parents. Records that remain in the
sole possession of counselors are not
subject to FERPA. Educational records
under FERPA do not include personal files.
When circumstances arise in which public
disclosure is in the public interest,
confidentiality is lost.

9. No Child Left Behind Act of 2002
• Required the Secretary of Education to annually inform state and local education
agencies of their obligations under the Federal Education Rights and Privacy Act
(FERPA) and Protection of Pupil Rights Amendment (PPRA).
• Required that states that receive funding under the Elementary and Secondary
Education Act (ESEA) have procedures in place to transfer student disciplinary
records, with respect to suspensions and expulsions, to any private or public
elementary or secondary school to which a student attends
• Schools are required to provide directory-type information to military recruiters who
request it (used for recruiting purposes and college scholarships)
• Parents were given more rights with regard to the surveying of minor students to
collect information for marketing purposes and non-emergency medical
examinations

10. Defamation Involving School Personnel
(Professionalism and Ethics)
 If school personnel communicate (orally or in writing) personal and sensitive
information to another unauthorized person that results in injury to the student’s
reputation or standing in the school…..they may face charges of libel or slander.
 Slander: Oral defamation. Should not be discussed in a thoughtless or joking
manner. Burden of proof does rest with the student to demonstrate actual harm
occurred based on the deliberate communication to a third party.
 Libel: Written defamation. Any information recorded should be factual and
specific in regards to the student. Sound and rational judgment needs to be used
in determining if a serious infraction should be maintained in their permanent file.
Students should receive a copy of any referral in their record.
 Refrain from opinion especially those involving questions of morality, contagious
disease, family marital conditions, and mental/emotional issues. Stereotypical
statements should be avoided.

11. Additional information re: Defamation
 Qualified privilege applies when school personnel is responding in a truthful
and reasonable manner to requests for information on a student. If a person
does not have a common interest then privilege is lost
 Good faith is when a person is sharing information for a legitimate purpose
and without any intent or desire to damage the student.
 Malice exists when there is intent to harm or injure another. If the intent is
to injure someone’s reputation (especially if false) then you are liable. If a
statement is true and there is no malicious intent, then there is possibly a
defense.
 Implied (no defense for conveying harmful information) vs. Actual (motive for
conveying information is to generate ill will against the offended person)
 To be legally defendable……Statements should be true, free of malice, and
communicated in a professional and non-biased manner.