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Primer...
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a
student for conduct that “poses a significant risk to
the safety or well-being of that student, other students or
other members of the school community.” In addition,
schools may disclose that information to teachers or school
officials who have a “legitimate interest in the behavior
of the student.”
Generally,
funds will be denied to any school that allows disclosure
of student records without written consent from the
parents with a few exceptions. |
Accordingly, a school may track the type and severity of violent
incidents through regular reports included in a student’s
education record. These records would be considered disciplinary
records because they involve reports of actual incidents of
behavior requiring disciplinary action. Moreover, to the extent
these records are maintained by a law enforcement office within
the school, they will be considered law enforcement records,
similar to crime reports that include investigation reports
and incident data. Neither law enforcement records nor crime
reports are educational records under the statute. In contrast,
education records may include psychological evaluations and
the results of psychological tests used for diagnostic purposes.
Sharing Disciplinary Records
Juvenile
education and medical records are generally regarded as confidential,
even after being provided to other agencies in accordance
with law, and may be sealed in court proceedings despite a
presumption that such proceedings are open to the public and
media. The delicate matter of reporting student information
to an outside agency or another school or institution is addressed
directly by FERPA. It is important to remember that a school
is not required to disclose information related to wrongdoing
by a student, but schools have the discretion to do so. FERPA
governs both the request for information received by a school
and the school’s voluntary interest in providing information
to an outside agency, such as law enforcement, social service
agencies or mental health counseling services. |
Consequently,
the following guidelines apply where a school receives a request
for student information or where the school may wish to volunteer
student information.
Generally,
a school that discloses a record must take three steps before
releasing the record:
-
Make a reasonable attempt to notify the parent or the student,
-
Provide a copy of the record that it proposes to release
and
-
Provide a hearing if requested.
Schools
or Educational Institutions
A
school may disclose information to another school or institution
that the student is attending if the student is enrolled or
receives services from the other institution and the preceding
conditions are met. Student disciplinary records may be shared
between schools attended by the student in question, with
the appropriate notice to parents.
Non-School
Agencies or Organizations: Law Enforcement and Social Service
Agencies
FERPA
generally restricts access to student records by non-school
individuals or organizations. Generally, funds will be denied
to any school that allows disclosure of student records without
written consent from the parents with a
few exceptions.
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