Liability and Student Records

On the subject of liability and student records in the United States there are various pieces of legislation at the local, state, and federal level that dictate the legal liability of any organizations or persons handling student data in an educational context. This article discusses that in the scope of the United States, and in the scope of educational institutions and their proxies in the handling of student data for children under 19.

This has become a very fiery topic for debate and is in the public eye right now.

The student has the same rights and privileges given to parents or guardians, as long as he or she has reached the age of 18 or is enrolled in a postsecondary institution. The student also has the right to inspect confidential records and challenge the accuracy of information contained in the file.

Eligible students are also able to challenge the accuracy of the information contained in their files, under the same guidelines as their parents or legal guardians.

Although FERPA (see below) is the primary Federal law regarding Student data privacy it is also regulated at the Federal level by regulations like COPPA, for online sites directed at children under 13, and HIPAA, for any health-related data. There are many state- and local-level regulations and laws and policies as well, but these are the primary ones at the Federal level.

Teachers, counselors, and administrators, who have a legitimate educational interest in viewing the records may do so. All school personnel with a bonafide need can maintain personal notes on students for personal use. The school district is required to disclose the following information when requested:

The Family Educational Rights and Privacy Act (FERPA) protects confidentiality of student records. This act, commonly referred to as the Buckley Amendment, was enacted by the Congress in 1974 to guarantee parents and students a certain degree of confidentiality and fundamental fairness with respect to the maintenance and use of student records. The law is designed to ensure that certain types of personally identifiable information regarding students will not be released without parental consent or, at the age of 18, the students consent.

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