Federal law protects the confidentiality of student education records as well as personally identifiable information contained in such records. At the same time, federal and state laws guarantee parents access to this information.

FERPA
The Family Educational Rights and Privacy Act (FERPA), a federal law, protects the privacy of student educational records and assures parents the right to access those records. It applies to education agencies or institutions that receive federal funds. FERPA gives personnel designated by the district as having a “legitimate educational interest” the right to access and view student records without prior parental consent. In addition, for employees who have a legitimate educational interest in the behavior of a student, a district does not need consent to release information from discipline records arising from conduct that “posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.”

District employees are charged with maintaining the strict confidentiality of student education records and may release such information to others only with written consent of the parent, guardian or (in some cases) the student. The Act establishes a penalty for violations of the law. A 2005 amendment to Chapter 26 of the Texas Education Code requires school districts to annually notify parents of FERPA provisions relating to release of student directory information, such as name, address and telephone number. Parents may elect to not disclose such information or limit such disclosure to only certain stated purposes.

Closed school board meetings for deliberation about a student
A school district is not required to conduct a hearing in open session if that hearing will necessarily disclose personally identifiable information about a student under the age of 18. This prohibition does not apply if the student is age 18 or older, or if the parents/guardians of the student request an open hearing.

Peer grading OK, says U.S. Supreme Court
In 2002, the U.S. Supreme Court unanimously decided Falvo v. Owasso ISD, a case in which a parent alleged that a teacher violated FERPA by permitting students to grade each other’s daily papers and call out the grades. The Court held that peer grading did NOT violate FERPA, and praised the practice as a learning experience for all students. The Court also said that it was not deciding whether a teacher’s grade book is an educational record under FERPA.

Testing
The laws regarding test security apply equally to state and local tests. Texas Education Code, Sec. 39.030, makes confidential a student’s state test scores. They may be released only as permitted by FERPA. Public release of test information cannot contain the names of students or otherwise implicitly identify the students, but may contain information regarding ethnicity, grade, subject, etc. TEA prohibits encouraging or helping another person to breach test security, and requires reporting of known violations. A supervisor who gives directions inconsistent with the rules should be referred to the test administrator.

Medical files
Under Sec. 38.009 of the Texas Education Code, a school administrator, nurse or teacher is entitled to access district student medical records for reasons established by district policy. A student cannot be required to undergo tests to determine a medical condition or status. Any person who views medical records must maintain the confidentiality of the records.

Parental rights under Chapter 26 of the Texas Education Code
A parent is entitled to:

• Access a child’s records including attendance records, test scores, grades, disciplinary records, health records, student evaluations, and reports of behavioral patterns.
• Review teaching materials, including textbooks and aids.
• Review each test the child takes after it is administered to the child’s class.

A 2002 Texas Attorney General opinion addressed the question of whether a parent has unrestricted access to a child’s counseling records. The opinion states:

Under [FERPA], a public school may withhold a minor child’s counseling records from a parent only if the records are kept in the sole possession of the counselor, are used only as the counselor’s personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the counselor. Within this circumscribed category, state law permits the counselor to withhold a minor child’s records only if the counselor is a “professional,” as defined in section 611.001(2) of the Health and Safety Code, and further, if the counselor determines that release of such record “would be harmful to the patient’s physical, mental, or emotional health.”

The Health and Safety Code defines “professional” to include: a person licensed or certified by this state to diagnose, evaluate, or treat any mental or emotional condition or disorder; or a person the patient reasonably believes is authorized, licensed, or certified, as provided by this subsection.

Written consent of parent
A parent must consent in writing before a school employee may conduct a psychological examination, test or treatment (except with regard to investigation of child abuse), or make a video- or audiotape of a child (unless the recording is to be used only for safety purposes, co- or extracurricular activities, purposes related to regular classroom instruction, or media coverage of the school). A parent may remove the child temporarily from a class or activity that conflicts with the parent’s religious or moral beliefs.

Web posted: 08/01/08