Teachers and The Law 7 th Chapter 17 Who Controls Student Records? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 17Chapter 17Who Controls Student Records?Who Controls Student Records?

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

PowerPoint PresentationPowerPoint Presentation

Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

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Key ConceptsKey ConceptsWho Controls Student Records?Who Controls Student Records?

Buckley Amendment Other Rights

Right of Access Legal

Enforcement


Chapter 17 Chapter 17 Who Controls Student Records?Who Controls Student Records?

Essential Question Essential Question

In what ways has the Buckley Amendment diminished the abuses in the use of student records since 1974?


KEY TERMS- Chapter 17KEY TERMS- Chapter 17

FERPA – Family Educational Rights and Privacy Act (389)

Directory Information (394)

Annual Notice (396)

Family Policy Compliance Office (398)


Guarantees parents the right to inspect

and revieweducational records

of their children

Entitles parents to file complaints

Protectsconfidentiality

of student records

Requires schools to Inform parents of their rights

under the act each year

Establishes procedures parents can

use to challenge

accuracy of student record


CaseCase

U.S. v. Miami UniversityU.S. v. Miami University


• Education Records– directly related to current student.– review any form of records (handwriting, print,

computer file etc.).– maintained by “state educational agencies” or

by local school districts.– protected student files from outsiders such as

consultants or parents.– complied with parental request within 45 days.

Right of Access


FERPA FERPA

• releases teacher’s transcript without teacher’s consent.

• shares directory information.

• protects identifiable information about students in the press.

• may require schools– to restrict distribution

of student personal information.

– to disclose personal information about students without their parent’s permission.


CaseCase

Ellis v. Cleveland Municipal School DistrictEllis v. Cleveland Municipal School District


• Schools can destroy student records.

• Parents are to be informed of their rights under the Buckley Amendment and have a right to challenge their children’s records.

• Parents/students may not contest the appropriateness of a grade.– It doesn’t prohibit students from grading each

other’s classroom work or assignments.

Other Rights


CaseCase

Owasso v. Falvo Owasso v. Falvo


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference


• Procedures to enforce the Buckley Amendment:– investigate– process– review violations and complaints

• Impact of Buckley Amendment:– destruction of old records/improvement of new ones – improvement in the quality of students records– clear any misunderstandings, regarding access to

student records, right to challenge, right to inspect and review, and the process of sharing information about students who pose a safety concern.

Legal Enforcement


Chapter 17 Chapter 17 Who Controls Student Records?Who Controls Student Records?

ReflectionReflection

In what ways, has the administration improved the accuracy and quality of student records in your school district?

Documents

Teachers and The Law 7 th Chapter 17 Who Controls Student Records? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald