- Moderator
- #161
You don't know your privacy law, Coyote...schools do in fact have the right to release information to the student's parents.
We are talking Higher Education, not primary schools or high schools. I work for a university and I am very familiar with the laws because I have to adhere to them or I get in trouble. Schools can not release information even to a parent without a signed form on file allowing them to do so (if the student is 18 or over, which covers most).
You may think you know the law but you don't really...
"When a student turns 18 years old or enters a postsecondary institution at any age, all rights afforded to parents under FERPA transfer to the student. However, FERPA also provides ways in which schools may share information with parents without the student's consent. For example:
Schools may disclose education records to parents if the student is a dependent for income tax purposes.
Schools may disclose education records to parents if a health or safety emergency involves their son or daughter.
Schools may inform parents if the student who is under age 21 has violated any law or its policy concerning the use or possession of alcohol or a controlled substance.
A school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student."
Secretary of Education Margaret Spellings
I find contradictory information. Under the Family Educational Rights and Privacy Act (FERPA) (which is presumably more current than Margaret Spelling's quote) it states:
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
..... Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.