Joanne R. Pompano
The Family Education Rights and Privacy Act (FERPA)
The Family Education Rights and Privacy Act is a federal law that establishes privacy protection for educational records. This legislation ensures that information collected about students can only be released with the prior consent of a parent or student over eighteen to authorized persons for specific purposes. This act applies to public schools or local education agencies that receive education funds. It protects both computerized and paper records In addition; most states have privacy protection laws that reinforce FERPA.
FERPA requires written policies must be accessible about how student records are restricted and released. And these policies must explain parent rights. This Act also sets procedures for reviewing and correcting errors in records. (24)
Buckley Amendment
Congress strengthened safeguards for the privacy of education records and allows for the accuracy of those records. Prior written notice from parents is necessary before local education agencies and schools can release information from students’ records. However, information can be released such as to State and local education official for audits or to review records in compliance with Federal laws. They are also allowed to disclose information without parental consent when subpoenas or courts orders are in effect or in emergencies to protect the health and safety of the student or others. The rules apply to third parties working or under contract or acting on behalf of schools (medical, psychologists, researcher, state and local education agencies)
In general, this Act must:
-
Specify records to be released
-
Reason for releasing
-
Identify group or individual receiving records (25)
Improving America’ School Act
The Improving America’s Schools Act of 1994 amended the FERPA. This amendment tightened privacy rights for students in several areas.
-
l. It provided parents with the right to review records maintained by state education agencies.
-
2. It provides a five year ban on receiving federal funds if any agency inappropriately re-releases personally identifiable information
However, it also provides agencies the right to share information about disciplinary actions or for certain law enforcement judicial orders and subpoenas without notifying parents. (NCES feb.96) (26)
The Individuals with Disabilities Education Act (IDEA) of 1997 was the first major revision to the Education of All Handicapped Children Act. It retained and strengthened the basic rights and protections under the original
IDEA: It provides:
-
The right to a free appropriate public education for all children with disabilities (including children suspended or expelled from school)
-
The procedural safeguards rights for children and their parents. (27)
IDEA, is a federal law that affects data collection, disclosure procedures and maintenance of educational records.
How To Utilize This Curriculum;
This curriculum was originally developed for visually impaired student attending a regular education high school in an urban setting. The students are legally blind or visually impaired due to a variety of vision problems including cataracts, glaucoma, severe myopia, Retinitus Pigmentosa, etc. Some students are totally blind. Others have some limited vision. In addition, some students may have additional handicapping conditions such as cerebral palsy, hearing impairments, or learning disabilities. The students are mainstreamed into regular education classes along with their non-disabled peers.
The visually impaired students may use enlarged print, recorded translations, or Braille text. A certified teacher of the blind consults with the student and staff members concerning any modifications that need to be made to compensate for the students loss of vision. In some cases, an aide or tutor either accompanies them to class or is in close contact with them throughout the school day.
This curriculum was designed to integrate the skills of reading and writing, computer, and debating, and researching. The unit was designed for use in History, Law, Special Education, and Social Science. Both handicapped and non-handicapped students will benefit from the information and experiences it will provide.
The classroom activities utilized will promote problem solving, communication skills and teamwork. In addition, these activities will allow students the opportunity to gain an understanding of the t U.S. Constitution, the 1st, 4th, and 5th amendments, as well as general issues of privacy that will have to be dealt with in the 21st century. It is believed that the knowledge and understanding gained from this project will assist students as they attempt to comprehend problems on a wider scale. The materials used in this curriculum will be provided in large print, Braille, or audio translations depending on the needs of individual’s students.
General issues of privacy will have to be dealt with in the 21st century. It is believed that the knowledge and understanding gained from this project will assist students as they attempt to comprehend problems on a wider scale. The materials used in this curriculum will be provided in large print, Braille, or audio translations depending on the needs of individual students.