Student+Records+and+Confidentiality


 * The Issue:**

It is important is understand the issue of confidentiality when dealing with student record and highly sensitive information. Throughout a students' school life, many records will be maintained, with some of the records dealing with information that can be considered highly confidential. Are parents and students allowed to access a student's educational records, at any time? Is an administrator not allowed to share any information with a third party? Knowledge of the confidentiality laws is essential for an administrator to accurately release and properly withhold information.


 * The Law:**

In 1974, Congress enacted the Family Educational Rights and Privacy Act (FERPA), ensuring that any information, obtained by a public school regarding its' students, can not be released without parental consent if the student is under 18 years old. Further, if the student is over 18 years old, he or she must be the ones to provide consent. FERPA was amended in 1994 to emphasize that institutions are not prevented from maintaining records related to a disciplinary action taken against a student for behavior that posed a significant risk to the student or others (Essex, 2008).

What constitutes educational records that may be under the protection of FERPA? Counseling records, maintained in the confidence of a school counselor, and personal records are not subject to FERPA laws (Essex, 2008). Generally speaking, these files can remain confidential, unless there is evidence of public need.

With regards to liability, //Gonzaga University v. John Doe// (2002) was a case where a private university student was denied a teaching certification affidavit after the university's certification specialist became aware that John Doe had engaged in sexual misconduct. After notifying the state certification board, and identifying the individual by name, the student was denied the certificate and sued the university for damages. In this case, the U.S. Supreme Court decided that a school is not liable for private damages when enforcing FERPA.

The State of Alaska's Professional Teaching Practices Commission has established the following Professional Standard regarding confidentiality:


 * "In fulfilling obligations to students, an educator shall keep in confidence information that has been obtained in the course of providing professional service, unless disclosure serves a compelling professional purpose or is required by law", (20 AAC 10.020, Code of Ethics and Teaching Standards, (b) 8.**


 * Proactive Measures:**

1. Establish procedures for parents who wish to access their child's educational records, and clearly communicate these procedures with parents. Should a parent wish to view his/her child's records, ensure a school official is present.

2. Once again, procedure is key. Establish a building regarding the check out of student educational records. Create a sign-in/out forms that all employees are aware of and utilize.

3. Know and follow your school board policy.