Family Educational Rights and Privacy Act
(20 U.S.C. § 1232g; 34 CFR Part 99)
Quiz
True or False:
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____ When a student turns 18 years old or attends a post-secondary institution, parents must obtain consent from the student to obtain educational records.
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____ After a divorce, only the custodial guardian of a student has the right to obtain access to educational records.
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____ Schools may publicly disclose: Name, Address, Telephone Number, Academic Honors/Awards and in some cases Height and Weight of students.
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____ Students and/or parents have a right to amend educational records
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____ Schools may NOT release educational records to The Office of the Secretary of Agriculture
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____ Schools may publicly release the names and GPA of the top 10% of students in the local school district
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____ Schools may publicly release the names of students on the Honor Roll and/or Dean’s List
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____ Schools must retain a student’s transcript for a minimum of 5 years after graduation or leaving the schoo l
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Answers:
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F – The rights of FERPA do transfer, however, it is at the discretion of the institution to disclose information if the student is still listed as a dependent for tax purposes. The Institution DOES NOT have to disclose information, but is able to. Check institution and state guidelines. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html See “Disclosure of Education Records” section
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F – Both parents/guardians maintain rights to access student records unless prohibited by court ruling. “FERPA gives custodial and noncustodial parents alike certain rights with respect to their children's education records, unless a school is provided with evidence that there is a court order or State law that specifically provides to the contrary.” http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html
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T – This is considered “directory information.” Students may opt out of this disclosure. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html See “Disclosure of Education Records” section
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T – have the right to petition for amendment; if schools don’t amend legal action is necessary for educational records to be amended. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html See “Ammendment of Education Records” section
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F – there is a legitimate educational interest e.g. school lunch programs. http://www2.ed.gov/programs/titleiparta/22003.html. http://www.ed.gov/news/press-releases/education-secretary-duncan-and-agriculture-secretary-vilsack-urge-congress-pass-
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F – Cannot release GPA publicly. http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html See “Disclosure of Education Records” section
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T – This is considered “directory information." http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html See “Disclosure of Education Records” section
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F – There is no provision in FERPA regulations which stipulates maintenance of records. State and local laws will vary.