Chapter 7: Liability and Student Records

Sanctions for Violating Family Privacy Rights (pg. 188-189)

o School districts should provide parents/guardians information reminding them about their
family privacy rights on an annual basis.
o Schools may release directory information about students to the public
Rights of Parents (pg. 190)
o Parents or legal guardians have the right to inspect their childs records and challenge
their accuracy if appropriate.
Family Educational Rights and Privacy Act (pg. 190)
o Over time many proposed rule changes to FERPA have taken place, student protections
must still be maintained
o Student testing records may fall under student record laws
Rights of Noncustodial Parents (pg. 192)
o Neither parent can be denied access to their childs records under FERPA. Schools
should make educational records available to both parents interested in the childs
welfare.
Rights of Eligible Students (pg. 192)
o If a student is 18 years of age or is enrolled in a post-secondary institution, they have the
same rights as parents or guardians for their school records. They may inspect
confidential records, challenge accuracy, and determine who is authorized to personal
files.
Rights of School Personnel (pg. 192-195)
o Teachers, counselors, and administrators who have a legitimate educational interest in
viewing records may do so; however, a written form must be filled out and filed with the
permanent record.
o FERPA was amended in 1994 to allow institutions to maintain behavior records and may
share that information with school officials or other schools who have a legitimate
educational interest.
o A student is not protected under FERPA when they file a complaint against a teacher in
public schools and colleges according to the Rhea v. District Board of Trustees of Santa
Fe College ruling.
o Digital records should not present concerns for educators as long as there is
accountability for confidentiality of student information.
o Some states have laws that protect the confidentiality of counselors from civil and
criminal proceedings. Counselors are not required to share information with students
parents and the counselor's personal records are not covered under FERPA. In Tarasoff v.
Regents of the University of California, the California supreme court ruled that the school
psychologist does need to inform the possible victim of a crime if they know of a safety
concern.
Enforcement of State or Federal Statutes (pg. 195)
o Federal and state officials may inspect files without parental consent in order to enforce
federal or state laws or to audit or evaluate federal education programs.
Family Education Rights and Privacy Act (FERPA) (pg. 195)
o On February 19,2002, U.S Supreme court ruled in Owasso ISD v. Falvo that peer grading
does not violate FERPA.On June 27, 2002, the Sixth Circuit court of Appeals
unanimously affirmed a lower court's ruling that university disciplinary records are
education records under FERPA and that disclosing such records without students
consent constitutes a violation of FERPA.
No Child Left Behind Act (pg. 196)

Chapter 7: Liability and Student Records

o

o
o
o

The Secretary of Education is now required to annually inform each state education
agency (SEA) and each local education agency (LEA) of their obligations under both
FERPA and the Protection of Pupil Rights Amendment (PPRA).
FERPA currently permits schools to transfer any and all education records, including
disciplinary records, on a student who is transferring to another school.
Congress passed a provision in the NCLB Act that addresses the disclosure of directorytype information to military recruiters if requested.
NCLB contains a major amendment to PPRA that gives parents more rights with regard
to the surveying of minor students, the collection of info from students for marketing
purposes, and certain nonemergency medical examinations.

Defamation Involving School Personnel (pg. 197)

o Slander, is oral defamation, which occurs when school personnel inadvertently
discuss/communicate sensitive and damaging information contained in student files to
others who have no need to know or have no affiliation with the school.
When key information is obtained from a student that information is to be used
only to help education purposes.
Confidentiality is best practice when dealing with student information.
o Libel, is written defamation, which occurs when teachers, counselors, and principals
should refrain from including damaging information in the student's record for which
there is no basis.
All information recorded needs to be factual and used for education purposes.
School need to keep in mind everything that they put into students written files.
Schools dont want to have something in a student file that is opinion based.
There should never be personal information in a student file that contains,
morality, contagious diseases, family marital conditions and mental or emotional
issues.
o Privilege, when it comes to privilege both parties need to be in the best interest of the
student. The information being disclosed needs to be used for educational purpose. If
information is released to individuals who have no need for the information or are not
using it for educational purpose then no privilege is granted.
o Good Faith goes hand in hand with privilege. When people communicate information
about students to others who have no purpose knowing the information good faith has
been broke. There needs to be a common interest in the student to make sure that
information being written or spoken is used in good faith.
o Acts of Malice, these acts exist when there is intent to harm or injure another. Intent is
the key word in this phrase. Personnel want to make sure that written or oral information
is not going to be harmful or injure a student's reputation. There needs to be reason for
everything being said and needs to be used for education purpose. Making sure that
students are entitled to a liberty right with respect to the expectation that their reputation
be protected against unwarranted attacks.
o FERPA, plays a large role in litigation. Many defenses are using FERPA to make sure
that student information is being protected.

N. L. Essex (2012). School Law and the Public Schools: A Practical Guide for Educational Leaders, (6th
Edition). Pearson Education, Inc.