Topic: FERPA

Are the Records of School Resource Officers or School Security Officers Considered School Records Under the Family Educational Rights and Privacy Act (“FERPA”)?

With respect to FERPA and its requirements regarding the disclosure of student records and personally identifiable student information, there are different rules in place for “school security” officials that are based upon their affiliation. Why is it important to determine who a school district’s law enforcement unit is (or if it even has a law…

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HEALTH AND SAFETY EXCEPTION TO FERPA’S CONFIDENTIALITY REQUIREMENTS

In this day and age where, sadly, tragedies have struck numerous schools across the country, the question of when schools are allowed to share personally identifiable student information with law enforcement frequently arises. The Family Educational Rights and Privacy Act (“FERPA”) allows schools to share education records when the disclosure is necessary to protect the…

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Does Providing A Parent With The Surveillance Video Of A School Incident And/Or Student Statements About The Incident That Involved Multiple Students Violate FERPA?

The United States Department of Education’s Office of the Chief Privacy Officer recently issued a guidance letter to a school district indicating that while surveillance video of a hazing incident that involved numerous perpetrators, victims and bystanders was considered an educational record of all students on the video, the school district must provide the parents…

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Who is Considered A Parent For Purposes of Accessing School Records?

Under state and federal law, a parent generally has the right to access his/her child’s educational records. The question is, who is considered a “parent” in under the Family Educational Rights and Privacy Act (“FERPA”).  As the definition of “family” changes and broadens, it is important for schools to know who has the right to…

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