FERPA- Family Edicational Rights and Privacy Act

1103 Words3 Pages

FERPA Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students or created an overboard policies? The history of the FERPA Act began in 1974 when the act became the law; up to that time there was very little legislation on privacy within schools (Groves & Groves, 1981). Senator Buckley of New York was concerned with the lack of privacy within schools; the Buckley Amendment was enacted on August 21, 1974 (Groves & Groves, 1981). The two hugely significant impacts of the amendment is 1) people are required to be informed of their rights. 2) Helps educators reflect on their record and document policies in order to avoid conflicts with federal law (Groves & Groves, 1981). There have been many cases since the Buckley law, which have specified regulations within schools, which have affected both state and district policies. The Peoria Unified School District Board Policy states, “Within the first three (3) weeks of each school year, the District will publish in a District communication a notice to parents and eligible students of their rights under the FERP... ... middle of paper ... ..., 2013, from http://lp.ctspublish.com/asba/public/lpext.dll?f=templates&fn=main-hit-h.htm&2.0 Bennett, A., & Brower, A. (2001). ’THAT’S NOT WHAT FERPA SAYS!’: THE TENTH CIRCUIT COURT GIVES DANGEROUS BREADTH TO FERPA IN ITS CONFUSING AND CONTRADICTORY FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT DECISION. Brigham Young University Education & Law Journal, 2, 327. Cossler, C. (2010, April 1, 2010). Privacy Concerns: The Effects of the Latest FERPA Changes. School Buisness Affairs, 76(3), 22-24. Groves, S. L., & Groves, D. L. (1981). Professional Discretion and Personal Liability of Teachers in Relation to Grades and Records. Education, 101(4), 335-340. Lomonte, F. D. (2010). Ferpa Frustrations: It’s Time for Reform. Chronicle Of Higher Education, 56(35), A56. White, L. (2013, January 1, 2013). Don’t Like Ferpa? Change the Law. Chronicle of Higher Education, Vol. 59(18).

Show More
Related

  • Elementary School Case Study: Frugis V. Bracigliano

    1190 Words  | 3 Pages

    A teacher’s most important duty is to protect the students they are in charge of. This duty includes both reasonably protecting students from harm and, when a student is harmed, reporting it to the proper authorities (Gooden, Eckes, Mead, McNeal, & Torres, 2013, pp. 103-109). There have been many court cases that reiterate this duty of school staff. One such case is Frugis v. Bracigliano (2003) where many staff at a school failed in their duty to protect students and allowed abuse to continue for years.

    Read More

  • Jackson V. Birmingham Board Of Education Case Study

    933 Words  | 2 Pages

    The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th

    Read More

  • Case Study: Marvin Pickering Case

    1447 Words  | 3 Pages

    Board of Regents (1967). The teacher’s interest as a citizen in making public comment must be balanced against the State’s interest in promoting the efficiency of its employees’ public services. The court found the statements of the appellant were substantially correct, regarded matters of public concern, and presented no questions of faculty discipline or harmony. The statements offered no proper basis for the school board’s action in dismissing the appellant (Oyez, n.d.).

    Read More

  • Equality in Education: A Review of Grove City College v. Bell and Title IX

    1131 Words  | 3 Pages

    ...g Title IX’s coverage to protect those who laid claims against institutions for sexual discrimination from retaliation (“Court’s”). Another amendment made to Title IX came in 2009 as a result of the Fitzgerald v. Barnstable School Committee trial. This one is fairly straight forward and is one of the most recent amendments made. In 2009, parents of a kindergartener filed complaints against the school when their daughter came home and accused a third grade boy for making sexual comments towards her on the bus (George 53). The court found that victims of sexual discrimination or harassment could now sue the specific individual who committed the act, as opposed to the entire program or institution (George 42). The amendment also provided some suggestions to aid institutions in these cases, helping them avoid paying damages to plaintiffs for one person’s act (George 42).

    Read More

  • The Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida

    1526 Words  | 4 Pages

    The first list of obligations in the Principles of Professional Conduct for the Education Profession in Florida contains 9 rules that has involved with the educator and their students. They involve protection, safety, restrains, points of view, learning subjects, embarrassment, legal rights, harassment, discrimination, relationships and personal information. Many of these rules are important for an educator to r...

    Read More

  • Title IX: Protecting Our Right to an Education Free of Sexual Harrassment and Equal Opportunity in School Activities

    1116 Words  | 3 Pages

    Have you ever wondered what protects our right to an education free of sexual harassment and equal opportunity in school activities? Title IX does that.

    Read More

  • Peer Grading Does Not Violate the Privacy Law in Schools

    691 Words  | 2 Pages

    In 1998 in Owasso, Oklahoma, mother Kristja Falvo sued the Owasso Independent School District because she claimed that her children were ridiculed when their grades were read out loud in class by classmates. Falvo says that when teachers have students grade each other's papers, the 1974 federal law protecting the privacy of educational records is violated. This is such a controversial subject that it has not been resolved as of today. This paper argues that peer grading does not violate the privacy law.

    Read More

  • The History of Titile IX

    4879 Words  | 10 Pages

    Sex. That one little word has led to a mini-revolution in all aspects of a girl's education, from Kindergarten to Graduate School, all across the nation. In 1972, Title IX was adopted as the landmark legislation for prohibition of gender discrimination in schools, and was signed into law, by President Richard Nixon, on June 23. This legislation encompasses both academics and athletics. Title IX reads: "No person in the U.S. shall, on the basis of sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal aid." Since 1972, many attempts have been made to alter the appearance and effect of Title IX.

    Read More

  • essay questions

    1124 Words  | 3 Pages

    In Goss v. Lopez, a student sued because an Ohio law allowed a school principal to suspend a student for 10 days or more with only a simple 24-hour notice to parents. The court ruled that this was a violation of a student’s 14th amendment due process clause rights because students were not given a due process hearing. In Dixon v. Alabama, a federal appellate court affirmed same standard in higher education by maintaining that a public college or university cannot expel a student without a hearing.

    Read More

  • Privacy in Education

    734 Words  | 2 Pages

    According to the U.S. Department of Education, “FERPA does not regulate a school official from disclosing information about a student if the information is obtained through the school official’s personal knowledge or observation of the student” (U.S. Department of Education: “Joint Guidance on the Application of the FERPA”). This means any school employee may unequivocally share information so long as they choose to not officially document said information in a student’s personal education records. Another loop-hole allows schools to share personal information, without the consent of the student or their parents, so long as the information is labeled directory information. Directory information is a student’s full name, address, telephone number, date of birth, honors, awards, and attendance record. This information may include even more personal information depending on what the individual educational institution classifies directory information as. As disturbing as this information is, these are only two of the many loop-holes currently worked into FERPA law.

    Read More

  • Individual Privacy versus National Security

    1933 Words  | 4 Pages

    The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...

    Read More

  • Family Educational Rights And Privacy Act

    304 Words  | 1 Pages

    The Family Educational Rights and Privacy Act is a federal law passed in 1974 that bars the disclosure of personally identifiable data in student records to third parties without parental consent.

    Read More

  • The Right to Privacy

    1243 Words  | 3 Pages

    Today, because privacy is a emerging right, a discussion of privacy is usually consists of a list of examples where the right has been recognized. Privacy can be talked about in the nature of the right and the source of the right. There are four rights in the USA, unreasonable intrusion such as physical invasion, appropriation of a persons name or likenesss, publication of private facts such as income tax data or sexual relations, and publication that places a person in a false light, and the only one that is widely accepted in the US is the second one. A person might also recover under intentional infliction of emotional distress, assa...

    Read More

  • Drug Use In School Persuasive Essay

    656 Words  | 2 Pages

    The Fourth Amendment essentially stands for the proposition that all United States citizens are protected from the unlawful search of their persons and property. However, the Fourth Amendment had not applied to public schools due to the fact school officials were governed by the doctrine of in loco parentis. This doctrine is predicated on the idea the educators should be viewed as substituting the place of the parents while the students’ are in the school setting. Following the rationale of this doctrine, educators shared the same rights and responsibilities that a student’s parents po...

    Read More

  • Should Celebrities Have Their Right to Privacy?

    1573 Words  | 4 Pages

    Staff, Proquest. Right of Privacy Timeline. N.p.: Leading Issues Timelines, 2013. N.p. Web. 5 Dec. 2013. .

    Read More

More about FERPA- Family Edicational Rights and Privacy Act

Open Document