Contents

Contents
Foreword

Preface

Section [1] [2] [3] [4] [5] [6]

Appendix [A] [B] [C] [D] [E]

Acknowledgments

List of Acronyms

Section 1. A Primer for Privacy
Section Summary

Overview
Principles and Concepts

A. Principles Underlying Privacy Protections

B. Key Concepts of Privacy Laws and Confidentiality Policies

C. Important Terms

Exhibit

1-1. A Summary of Privacy and the National Information Infrastructure: Principles for Providing and Using Personal Information

Section 2. Summary of Key Federal Laws

Section Summary

Overview
Commonly Asked Questions
Guidelines

A. Privacy-Related Laws That Apply to Agencies and Schools

A1. Which education agencies or institutions must adhere to federal education privacy laws?

A2. Which federal laws directly affect data that education agencies collect and maintain?

B. Privacy Protection under FERPA: Responsibilities of Agencies and Schools

B1. FERPA Defines Protected Education Records

B2. Local Education Agencies--Not State Agencies--Must Give Public Notice of Rights under FERPA

B3. Parents and Eligible Students May Inspect and Review Education Records

B4. FERPA Restricts Release of Information without Prior Consent

B5. Records Matching and Redisclosure to Third Parties

B6. Implications of Other 1996 FERPA Regulations

C. U.S. Department of Education-Funded Surveys and Studies

D. FERPA and Special Education Records

E. Other Federal Laws Affecting Information Privacy in Schools

E1. National School Lunch Program

E2. Confidentiality of Drug Prevention and Treatment Records

E3. Forms Clearance Requirements of the Paperwork Reduction Acts of 1980 and 1995

E4. Using Social Security Numbers as Student Identification Codes

F. Resources for Interpreting Federal Laws That Protect the Privacy of Education Records

Exhibit

2-1 Fact Sheet: Family Educational Rights and Privacy Act of 1974

2-2 Fact Sheet: Protection of Pupil Rights Amendment

2-3 Model Notification of Rights under FERPA for Elementary and Secondary Institutions

2-4 Requirements under FERPA Applicable to General Education and Special Education Records

2-5 Privacy Requirements Applicable Only to the Education Records of Students with Disabilities

2-6 Memorandum Regarding the Use of Free and Reduced-Price Lunch Data for Title I Purposes

2-7 Examples of Forms Pertaining to Releasing Confidential Information That Informs Patients of Their Rights under 42 CFR

Section 3. Protecting the Privacy of Individuals during the Data Collection Process
Section Summary

Overview
Commonly Asked Questions
Guidelines

A. Determining the Agency's Student Data Needs and Uses

B. What Information Can Be Requested about Students?

C. Classifying Data Elements or Record Sensitivity

D. Ensuring Data Integrity and Accuracy

E. Assigning and Using Unique Identification Codes

F. How Long Should Data Be Maintained?

Exhibit

3-1 An Example of Classifying and Categorizing Education Record Contents by a State Education Agency

3-2 An Example of a School District's Brochure about Record Maintenance and Policies

Section 4. Securing the Privacy of Data Maintained and Used within an Agency
Section Summary

Overview
Commonly Asked Questions
Guidelines

A. Management Responsibilities

B. Defining "Legitimate Educational Interests"

C. Training Agency Staff

D. Professional Ethical Standards

E. Research Use within an Agency

Exhibit

4-1 Some Ways to Promote Secure Maintenance of Automated Student Records

Section 5. Providing Parents Access to Their Child's Records
Section Summary

Overview
Commonly Asked Questions
Guidelines

A. Notifying Parents of Their Rights

B. Providing Access to Individual Records

C. Handling a Parent's Request

D. Managing the Review

E. Providing Copies or Charging a Fee

F. Handling Challenges to Record Contents

G. Managing the Hearing Procedures

Exhibit

5-1 Rights of Non-Custodial Parents in the Family Educational Rights and Privacy Act of 1974

5-2 Sample Request to Review an Education Record

5-3 Sample Notification to Review an Education Record

5-4 Sample Consent Form to Allow Accompanying Person to Review Record

5-5 Sample Request to Amend an Education Record

5-6 Sample Notification for Approval/Disapproval of Request for Amendment

5-7 Sample Notification for a Hearing of Request for Amendment

Section 6. Releasing Information Outside an Agency
Section Summary

Overview
Commonly Asked Questions
Guidelines

A. Types of Information Release

B. Release of Directory Information

C. Release with Prior Consent

D. Release without Prior Consent

E. Release to Researchers

F. Release to Other Service Agencies

G. Review Prior to Release

H. Avoid Misuse of Information by NonIntended or Secondary Users

I. Document the Release

J. Ensure the Security of Data in Electronic Transmission

Exhibit

6-1 Sample Request to Withhold Release of Directory Information

6-2 Sample Request of Non-Parent for Access to Education Record

6-3 Sample Affidavit of Non-Release by Researchers

6-4 Sample Statement of Non-Disclosure of Released Information

Appendix

A. A Brochure: Protecting the Privacy of Student Education Records

B. Final Regulations on Family Educational Rights and Privacy Act (Federal Register, April 11, 1988)

C. Final Rules to Implement a Provision of the Higher Education Amendments of 1992 to Exclude Law Enforcement Unit Records from FERPA (Federal Register, January 17, 1995)

D. Final Rules to Implement Changes on FERPA as Amended in the Improving America's Schools Act (Federal Register, November 21, 1996)

E. Protection of Pupil Rights Amendment: Proposed Rules to Implement Amendments in the Goals 2000: Education America Act (Federal Register, August 28, 1995)

For questions about the content of this product, please contact Lee M. Hoffman.