Student record confidentiality requirements & parental rights

Student record confidentiality requirements and parental rights

Federal law protects the confidentiality of student education a medical condition or status. Any person who views medical records as well as personally identifiable information contained records must maintain the confidentiality of the records. in such records. At the same time, federal and state laws guarantee parents access to this information. Parental rights under the Texas Education Code FERPA The Family Educational Rights and Privacy Act applies to education agencies or institutions that receive federal funds. FERPA gives personnel designated by the district as having a “legitimate educational interest” the right to access and view Parents are entitled to: access their child’s records, including attendance records, test scores, grades, disciplinary records, health records, student evaluations and reports of behavioral patterns; review teaching materials, including textbooks and aids; and review each test the child takes after it is administered to the child’s class. student records without prior parental consent. In addition, A 2002 Texas attorney general opinion addressed the question for employees who have a legitimate educational interest in of whether a parent has unrestricted access to a child’s school the behavior of a student, a district does not need consent to counseling records. The opinion stated a very narrow exception to release information from discipline records arising from conduct the general rule that all student records are available to parents. that “posed a significant risk to the safety or well-being of Under FERPA, a public school may withhold a minor child’s that student, other students, or other members of the school counseling records from a parent only if the records are kept in the community.” District employees are charged with maintaining sole possession of the counselor, are used only as the counselor’s the strict confidentiality of student records and may release such personal memory aid, and are not accessible or revealed to any information only with written consent of the parent, guardian other person except a temporary substitute for the counselor. In or (in some cases) the student. FERPA establishes a penalty addition to the FERPA standards, state law provides that a licensed for violations of the law. Districts must annually notify parents mental health practitioner may withhold a minor child’s records of FERPA provisions relating to release of student directory only if the practitioner determines that the release of such records information, such as name, address and phone number. Parents “would be harmful to the patient’s physical, mental or emotional may elect not to disclose such information or limit such disclosure. health.” According to the Texas attorney general, a licensed Closed school board meetings about students A school district is not required to conduct a hearing in open mental health practitioner includes a licensed professional counselor but not a school counselor certified by SBEC. session if it will disclose identifiable information about a student Situations requiring written consent of parent younger than 18. This prohibition does not apply if the student is A parent must consent in writing before a school employee 18 or older, or if the parents/guardians request an open hearing. may conduct a psychological examination, test or treatment Testing The laws regarding test security apply equally to state and local tests. Texas Education Code Sec. 39.030 makes a student’s state test scores confidential. They may be released only as permitted by FERPA. Public release of test information cannot contain the names of students or otherwise implicitly identify the students, but may contain information regarding ethnicity, (except with regard to investigation of child abuse), or make a video- or audiotape of a child (unless the recording is used only for purposes of safety and discipline, including student safety in special education settings, co- or extracurricular activities, purposes related to regular instruction, or media coverage of the school). A parent may remove a child temporarily from a class or activity that conflicts with religious or moral beliefs. grade, subject, etc. TEA prohibits encouraging or helping another person to breach test security, and requires reporting of known violations. A supervisor who gives directions inconsistent with the rules should be referred to the test administrator. Student searches Public school students are entitled to be free of unreasonable searches pursuant to the U.S. Constitution, although the standard for initiating a student search by school officials is less stringent Peer grading than the probable cause requirement applicable to searches by In 2002, the U.S. Supreme Court decided Falvo v. Owasso ISD, a case in which a parent alleged that a teacher violated FERPA by permitting students to grade each other’s work and call out grades. The court unanimously held that peer grading did NOT violate FERPA, and praised the practice as a learning experience. law enforcement officials. School officials may search students if there is reasonable suspicion of finding evidence of wrongdoing. The scope of the search must be reasonably related to the objectives of the search and not be excessively intrusive in light of the student’s age and sex and the nature of the infraction. The The court also said it was not deciding whether a grade book is U.S. Supreme Court approved the search of a student’s purse an educational record under FERPA. when the student was caught smoking and there was reasonable suspicion that the student’s purse contained cigarettes. In a 2009 Medical files opinion, the Supreme Court held that a search that required a Under Sec. 38.009 of the Texas Education Code, a school female student to strip to her underwear and pull the garment administrator, nurse or teacher is entitled to access district away from her body to look for prescription-strength ibuprofen student medical records for reasons established by district policy. was not reasonable. Due to the potential for civil rights liability, A student cannot be required to undergo tests to determine only trained administrators should conduct searches.