Educational Records ReflectionI went to an in-service about Educational Records.
You see the artifact is the
PowerPoint we received upon walking into the room. The main purpose of this inservice was to talk about complying with FERPA and IDEA. I had understanding of these two laws because of the class School Law, however since it has been a few years since taking the class I needed a refresher. These two laws are particularly important in the school system. In the in-service we reviewed the law potion and talk about how they apply to the students records. During the time we spent time talking about parents rights to review records and the process for receiving records and challenging records. First we talked about FERPA and how the parents have the rights to inspect, review educational records as well as preventing a person from seeing the same records. All staff must me trained in the laws. The definition of a student record is an information directly related the student and is maintained by any educational agency. Records contain any personally identifiable information such as; name, name of parents, address, student ID number, list of personal characteristics, and etc. School systems start to get into trouble with e-mails and other list they may keep in their classroom that they share with other people. We in the county, had an issue where a staff member was sending e-mails to other staff members with information inside. When the parent asked for the records these were send along with any other record. When a parent request to review records FERPA and IDEA gives the district no more than 45 days after the request is received. In order for a parent to request records a parent/guardian must have a written request to the principal in a reasonable time. For IDEA if the parent would like to review the records before an IEP meeting, the request must me reasonable, if not reasonable time such as three days before the meeting, the principal would write to the parent they can have the records within 45 days because the pervious request is not within a reasonable time. The principal can delegate this to an Assistant Principal to get the records ready. When having parents review records it can be a meeting or copies can be made. We do not have to provide copies of the requested records unless the circumstances prevent the parent from exercising the right. The parent may live in another state over 50 miles, which then the principal would make copies. The school can charge for the copies unless it effectively prevents a parent from exercising their right to inspect their records. You may not charge for the time it takes to make the copies (FERPA) only the paper copies themselves. If the parent does not have transportation, in Carroll County we can use our Pupil Personnel Worker (PPW) to pick up the parent and bring them to the school to review the records. When the parent is reviewing the records the principal or the designee needs to be present during all times. During the review the parent has the right to request a change to the record. The school does not have to grant the change to the record. If the school or school system denies the request, they must inform the parent to the right to a hearing or appeal process.
When handling student records it important to have required information for
a non-custodial parent and parent representative. A non-custodial parent must have a court order with information to apply the right to review the student records. The parent representative such as an advocate or lawyer needs to have written consent from the parent to review the student records. Ultimately the principal has the decision for the right of individuals to have access. In Carroll County if the principal has any question the answer is no, than they send the individual to Student Services to give the final answer. Sometimes the educational records may be disclosed to courts or law enforcement. Most of the time the parent need to still give consent, unless the record was requested by subpoena. You must notify the parent prior to the release of the records. FEPRA and IDEA laws are very important as an administrator in the school. The principal is going to be the first line to handle request but can defer the duties to the assistant principal as needed. In our school we handle about ten request a year. These request could be for 504s moving towards an IEP, but we deal with many request from courts. For our school we need to make sure all information is up to date with court orders and contact information so that we do not release the information to the wrong person. Each school year we are required to do a Safe Schools training on FERPA but I understand that most teacher are not retaining the information the law. As an administrator I would like to add a separate training about e-mails. It is important that teachers realize that all e-mails can be used in the students personal records. I would add this in the first week training. I know that we need to give teachers time in their room however, with schools committing FERPA violations we should take the time to cover this topic. As a teacher now, the fact that e-mails are getting the county and schools in deep water it made me more aware of what I was sending in e-mails.