This chapter discusses liability and student records. It outlines the Family Educational Rights and Privacy Act (FERPA), which gives parents and legal guardians the right to inspect their child's educational records. It also allows students aged 18 or older to exercise the same rights. FERPA permits schools to transfer all education records, including disciplinary records, when a student transfers to another school. The chapter also discusses qualified privilege, good faith, malice, truth as a defense for liability, and maintaining student records in a safe and secure manner only accessible by authorized personnel.
This chapter discusses liability and student records. It outlines the Family Educational Rights and Privacy Act (FERPA), which gives parents and legal guardians the right to inspect their child's educational records. It also allows students aged 18 or older to exercise the same rights. FERPA permits schools to transfer all education records, including disciplinary records, when a student transfers to another school. The chapter also discusses qualified privilege, good faith, malice, truth as a defense for liability, and maintaining student records in a safe and secure manner only accessible by authorized personnel.
This chapter discusses liability and student records. It outlines the Family Educational Rights and Privacy Act (FERPA), which gives parents and legal guardians the right to inspect their child's educational records. It also allows students aged 18 or older to exercise the same rights. FERPA permits schools to transfer all education records, including disciplinary records, when a student transfers to another school. The chapter also discusses qualified privilege, good faith, malice, truth as a defense for liability, and maintaining student records in a safe and secure manner only accessible by authorized personnel.
Primary purpose of maintaining educational records should be to aid school personnel in
developing the best educational program for each student enrolled in the school. Public Law 93-380, Family Educational Rights and Privacy Right (FERPA). Parents or legal guardians have the right to inspect their child’s record. School official should be present to assist a parent or guardian. Parents, guardians, or eligible students must be notified before a school or district complies with a judicial order requesting educational records. Student may exercise the same rights afforded parents or guardians, if age of eighteen or is enrolled in postsecondary. FERPA currently permits schools to transfer any and all education records, including disciplinary records, on a student who is transferring to another school. Elementary and Secondary Education Act (ESEA) Congress passed a provision in the No Child Left Behind (NCLB) Act that addresses the disclosure of directory-type information to military recruiters. Qualified Privilege—requests that are made and school personnel respond in a truthful and reasonable manner in accordance with prescribed duties. Good Faith—legitimate purpose be served by communicating the information. Absence of good faith may result in personal damages against those who do not operate in a reasonable and prudent manner. Malice-exists when there is intent to harm or injure another. Truth—defense for liability, if no malicious intent is present. Implied malice—offender has no defense for conveying harmful information. Actual malice—offended person must demonstrate that the person making the offensive comment had a motive for doing so. Student records should be maintained in a safe and secure place and should not be removed from school premises by school personnel unless authorized.