ERIC Number: ED498470
Record Type: Non-Journal
Publication Date: 2006
Reference Count: N/A
Maintaining Student Records and Meeting Confidentiality Requirements under the Family Education Rights and Privacy Act (FERPA), Individuals with Disability Education Act (IDEA), Section 504 of the Rehabilitation Act (504). A Primer for Educators
Mountain Plains Regional Resource Center (MPRRC)
An important federal statute impacting student records is the Family Educational Rights and Privacy Act (FERPA), enacted to ensure student/parent access to education records and to limit disclosures to others for unauthorized purposes. FERPA Regulations set forth the basic federal records retention and destruction requirements. The records of students with disabilities are also subject to the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act and regulations. Additionally, most school districts have their own requirements setting forth access procedures, copying fees, form of records, retention, and destruction schedules. In an overview of the subject, this document provides definitions of terms related to record retention and confidentiality, background of pertinent federal legislation, discussion of access rights, fees, consent, disclosure, complaint and enforcement. Issues of staff training, file content, record location and file destruction are discussed. A section on frequently asked questions with answers is included. Eight appendixes are included: (1) FERPA Basics--Educational Records; (2) Access Log; (3) Student Record Locator; (4) Annual Notice/ Your Rights; (5) Electronic Transfer of Records; (6) Relationship between FERPA and HIPAA; (7) General Rules for Maintaining Confidentiality; and (8) Protecting the Privacy of Student Records.
Descriptors: Student Records, Federal Legislation, Confidentiality, Information Policy, Disclosure, Confidential Records, Special Education, Access to Information, Compliance (Legal), Performance Factors, Policy Analysis, Educational Policy
Mountain Plains Regional Resource Center. 1780 North Research Parkway Suite 112, Logan, UT 84341. Tel: 435-752-0238; Fax: 435-753-9750; Web site: http://www.rrfcnetwork.org/mprrc
Publication Type: Guides - Non-Classroom
Education Level: N/A
Sponsor: Special Education Programs (ED/OSERS), Washington, DC.
Authoring Institution: Utah State Univ., Logan. Mountain Plains Regional Resource Center.
Identifiers - Laws, Policies, & Programs: Family Educational Rights and Privacy Act 1974; Individuals with Disabilities Education Act; Privacy Act 1974; Rehabilitation Act 1973