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Heard in the Halls:

“I’ve come to the frightening conclusion that I am the decisive element in the classroom. It’s my personal approach that creates the climate. It’s my daily mood that makes the weather. As a teacher I possess a tremendous power to make a child’s life miserable or joyous."
– Hiam Ginott
"Relationships are the foundation of a personalized school. Opening students' minds to lifelong learning requires cultivating their trust and respect. Without a positive student-teacher relationship, many students aren't even willing to try." – Dennis Littky and Farrell Allen

From Creating Emotionally Safe Classrooms by Jane Bluestein, Ph.D., reviewed in The Bulletin, Volume 1, No. 1.

Primer... continued from page 6

enforcement officials on any criminal or violent acts (assault, homicide, child abuse) or possession of weapons or drugs. Property damage, vandalism, and destruction of property may or may not come under the state reporting requirement. In addition, internal school board policies based on state or local requirements may govern these areas, and readers are urged to contact local legal authorities to determine the specific rules in their community.

Response to Release of Student Records
Schools will not be liable in a civil suit by students or parents for FERPA viola


tions, primarily due to the exclusive remedies by the Secretary of Education provided in the federal statute. FERPA may create, however, a right actionable under civil rights statutes. American courts are split on this issue so readers are advised to contact their local school counsel for guidance in this area. It is clear, however, that administrative remedies need not be exhausted for a person to bring suit against a school under civil rights laws.


This article is an excerpt from "School Safety and Youth Violence: A Legal Primer." Download the complete text at http://hamfish.org/
framework/frameworks/primer.pdf
.


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Checklist - Student Records
  • Recognize that the student may always seek appropriate judicial relief.
  • Schools should adopt policies and procedures consistent with the requirements of FERPA. Students, parents, and legal guardians should be informed of their rights under this act.
  • Accurate student records should be maintained. Student records should include the name, title, date, description of educational interest, specific records examined and the place of examination.
  • Any corrections or adjustments to student records should be dated and initialed by the person responsible, with the knowledge and approval of school officials.
  • School personnel should avoid labeling children.
  • Disciplinary information in student records should be specific regarding the infraction committed (time, place, and witnesses) as appropriate. The student should be informed of the information recorded and provided a copy as appropriate.
  • School personnel should not discuss student records with third parties. Gossip or careless talk among school personnel may not be protected by various privileges.
  • Student records should be maintained in a safe and secure place and should not be removed from school premises by school personnel without proper authorization.
  • Unless prohibited by court order, the noncustodial parent should be afforded the same right to access student records as the custodial parent.
  • To avoid allegations of malicious intent, transmit only the information that is requested by a prospective employer.
  • Avoid releasing information by telephone, unless the requestor’s identity is confirmed.
  • Consult with the school’s legal counsel regarding any questions, conflict or difficulty involving student records or FERPA.
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