The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

What is the Protection of Pupil Rights Amendment (PPRA)?

PPRA applies to the programs and activities of an SEA, LEA, or other recipient of funds under any program funded by the U.S. Department of Education.  It governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:

Is an educational institution or agency permitted to disclose student records without consent to accrediting organizations?

Yes, an educational institution or agency is permitted to disclose student records to the extent accrediting organizations need the records in order to carry out their accrediting function.

What must educational agencies or institutions do to ensure that only school officials with a legitimate educational interest see protected education records?

An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement.

Must an educational agency or institution have a written agreement to disclose PII from education records without consent for the purposes of conducting a study or an audit or evaluation of an education program?

Yes. Both the studies exception and the audit or evaluation exception specifically require that the parties execute a written agreement when disclosing PII from education records without consent. The mandatory elements of that agreement vary slightly between the two exceptions.  See FPCO’s  Guidance for Reasonable Methods and Written Agreements for more information regarding the mandatory elements for written agreements.

What rights does a parent or eligible student have if, as a result of the hearing, the school decides that the information in the education record is not inaccurate or misleading?

The parent or eligible student has the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution.  The agency or institution must maintain the statement with the contested part of the record for as long as the record is maintained disclose the statement whenever it discloses the portion of the record to which the statement relates.

May a parent or eligible student have an attorney at an amendment hearing?

Yes, the parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

What actions must the agency or institution take to ensure the parent or eligible student receives a timely and fair hearing?

The educational agency or institution must provide the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.  The individual conducting the hearing must not have a direct interest in the hearing’s outcome.  The agency or institution must give the parent or eligible student a full and fair opportunity to present relevant evidence.  Finally, the agency or institution must make its decision in writing within a reasonable period of time after the hearing, and this decision must be based solely on the evidence presented at the hearing, include a su

When does a parent or eligible student have a right to a hearing?

An educational agency or institution must hold a hearing within a reasonable time after it has received a request from the parent or eligible student challenging the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student.

Guidance for Reasonable Methods and Written Agreements

Type: pdf
Author: Admin
Year of Publishing: 2013
Keywords:

December 2, 2011 Rules and Regulations

Type: pdf
Author: Admin
Year of Publishing: 2011
Keywords:

Pages

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