School Records: Access and Disclosure

The Statute :

"No [federal] funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children." -- 20 U.S.C. S 1232g(a)(1).

Procedure after a Parent's (or Eligible Student's) Request for Access:

1 . District's policies must allow access within a reasonable time -- no longer than 45 days after request.

2. District is required to respond to any reasonable requests for interpretation or explanation of the records.

3. Policies must also allow procedures for a challenge of inaccurate, misleading or intrusive entries in the educational record.

What is an "education record"?

1. Any records that are directly related to a student, and are maintained by the educational agency or institution or by a person acting for the agency or institution.

2. The statute also defines records that are NOT "education records" subject to FERPA:

a. Notes (personal) "which are in the sole possession of the maker ... and which are not accessible or revealed to any other person except a substitute";

b. Certain documents used by law enforcement officials;

c. Medical records of a student who is 18 years of age or older which are made and used only in connection with treatment to the student, and which are available only to those providing treatment.

1. written consent

2. from student's parents (or from "eligible student" 18 years old or older)

3. identifying records to be released

4. stating reason for the release

5. identifying the individual receiving the records.

NOTE: If a student is a 18 years old or older, Q if the student is attending a post-secondary institution, only the student (and NOT the parent) may authorize (permit) disclosure. However, the parents of a dependent over the age of 18 may review the educational records of their child without the child's authorization.

What must be done to document release of educational records?

1. Records must be kept showing when and to whom educational records are disclosed.

2. All educational records disclosed to third parties must be disclosed on the condition that the third party will not re-disclose the records without another consent form.

What are the exceptions to the rule requiring prior authorization for the release of educational records?

1. May disclose records to "other school officials" if the institution or district has identified the individuals entitled to review the records for legitimate educational interests."

2. May disclose to schools to which the student will transfer--parents must be notified of the transfer of records. Nebraska Revised Statutes, Section 79-­4,157.01, also provides for the transfer of a student's file to a school to which the student is transferring.

3. May disclose to certain governmental authorities for audit purposes.

4. May disclose in connection with the student's application for or receipt of financial aid.

5. May disclose to organizations conducting academic studies, or to accrediting organizations.

6. May disclose in the event of an emergency which is threatening the safety and health of the student or others.

7. May (and probably must) disclose in response to a subpoena or court order.

Again, all disclosures and the grounds therefore must be carefully documented.