FERPA

A student has opted out of directory information and wants to be anonymous in an online course. Are we required to allow the student to take the course anonymously?

• Yes, Under FERPA, a student is allowed to say they do not want to disclose directory information in an online platform. Therefore the LEA must comply.

• No. Under FERPA, a student may not use his or her right to opt out of directory information disclosures to prevent school officials from identifying the student by name or disclosing the student’s electronic identifier or institutional e-mail address in class.

An eligible student that opted out of directory information has left the school. Now that the student is no longer in attendance, may the school disclose that students directory information?

• No, a school is required to honor the eligible student’s request to opt out of the disclosure of directory information made while the student was in attendance, unless the student rescinds the opt out request.

• Yes, a school is not required to honor an eligible student's request to opt out of the disclosure of directory information made while the student is in attendance.

Can stepparents, grandparents, and other caregivers be considered parents under FERPA?

• In some cases, a stepparent may be considered a “parent” under FERPA if the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to the child’s education records. A grandparent or other caregiver who is acting in the absence of the parent(s) may also be considered a “parent” under FERPA.

• No, only the legal parent is the only person(s) to have rights under FERPA

Does a spouse of an eligible student have rights with respect to that student’s education records?

• Yes, the spouse of the student has rights under FERPA. The educational institution can disclose information from a student's education records to his or her spouse, the student would not have to give written consent.

• No, spouses of eligible students have no rights under FERPA. Before an education institution discloses information from a student’s education records to his or her spouse, the student would have to provide written consent.

How long does an educational agency or institution have to comply with a request to view records?

• 10 school days

• 30 calendar days

• 45 calendar days

• 30 school days

I want to use online tool or application as part of my course. However, I am worried that it is a violation of FERPA. What should I do?

• Make sure the online application is free of charge

• Decide if it is research-based

• First check with their school/district administration to see if that application or service is approved for use in the classroom.

• Make sure it is TEKS based

In the case of a divorce, do both parents have rights under FERPA?

• Generally, yes. Unless a school is provided with evidence that there is a court order, state law, or other legally binding document relating to such matters as divorce, separation, or custody that specifically provides to the contrary, FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records.

• Well of course both parents have rights under FERPA.

May an educational agency or institution disclose information over the phone?

• No, you may not disclose personally identifiable information over the phone due to not being able to identify who you are speaking with.

• While FERPA does not specifically prohibit a school from disclosing personally identifiable information from a student’s education records over the telephone, it does require that the school use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the school discloses personally identifiable information from education records. 34 CFR § 99.31(c).

May schools publish honors and awards received by a student?

• Schools may disclose honors and awards received by students if it has properly designated “honors and awards” as a category in its directory information policy and has followed the requirements in FERPA for notifying parents and/or eligible students about the policy.

• No they may not due to the personally identifiable information involved.

What is an education program?

• Any program principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

• Schools, LEAs, Charters, public, private, and daycares