FERPA Regulations

Privacy is a Right, NOT an Accommodation

A parent requested the following accommodation after his teachers repeatedly mentioned his Individualized Education Program (IEP) to the class:

“Teachers should not intentionally allow other students to know that XXXXXX has an IEP and receives special education services.”

The parent didn’t understand that privacy is a right, not an accommodation, simply because the privacy violations modeled by the teacher pointed in the opposite direction.

Confidentiality and Access of Student Records

It’s the Law: Confidentiality and Access of Student Records

The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student records and provides rights to parents and students to access those records.

Under the Individuals with Disabilities Education Act (IDEA) there are additional confidentiality and access protections.

This article includes a few examples of noncompliance, with which you might not be familiar, as well as your go-to regulations should you need them.

What Is An Education Record?

To fully access your student’s education records, you must have a full understanding of the definition of “education records”. The same holds true if you are trying to monitor whether the confidentiality of the student’s records is being maintained.

An education record simply isn’t a file consisting of report cards and progress reports. It includes such records as emails and legal invoices, too.

Parents Have A Right To Challenge Information In Education Records And To A Hearing

Have you or your child identified information in your child’s education record that is inaccurate, misleading, or in violation of the privacy rights of the student?

Did you know that, if your school refuses to make a change you request that you have a right to request a hearing? This is not a state complaint of a due process hearing. It is held at the local level.

Student Records—Confidentiality: Regulations and Case Law Cited by School Divisions, Lawyers and State Education Agencies

This article focuses on student records—confidentiality regulations and case law that school divisions, school division lawyers, hearing officers, and state education agencies use in documents they issue.

It will be updated as new information is obtained.