The Law & Ethics of

Student Records:
How to Comply with FERPA
J. Mark White, Staff Attorney
Arkansas Department of Education
 Goal: To outline a legal and ethical
decision-making framework to assist
you in making everyday decisions
about student records and privacy.
What is legal is not always ethical.
What is legal is not always ethical.

Choices
Choices that
that
are legal.
are ethical.
 The Code of Ethics
for Arkansas Educators
“An educator keeps in confidence
information about students and colleagues
obtained in the course of professional
service, including secure standardized test
materials and results, unless disclosure
serves a professional purpose or is allowed
by law.” (Standard 6, Code of Ethics)
 American School
Counselor Association
www.schoolcounselor.org
• Informed Consent
• Protect Confidentiality
• Obey all legal requirements
• Avoid serious and foreseeable harm
• Promote Autonomy and Independence
 American School
Counselor Association
www.schoolcounselor.org

• Balance Student’s and Parents’ Rights

• Recognize each parents’ right to be the
guiding voice in a child’s life, especially in
value-laden issues
 FERPA: Family
Educational Rights and
Privacy Act of 1974
(“The Buckley Amendment”)
“The purpose of my
amendment was to
strengthen the parental
role by requiring schools
that received federal
funding to provide
parents, on request, with
all information relating to
their children.”
-- Sen. James L. Buckley
 Parents have a guaranteed
right to inspect any and all
education records related to
their minor children.
 Parents have a guaranteed
right to inspect any and all
education records related to
their minor children.
 Parents have a guaranteed
right to inspect any and all
education records related to
their minor children.
 Parents have a guaranteed
right to inspect any and all
education records related to
their minor children.
 “Eligible Student”

A student who has:

• Reached the age of 18;
• Has graduated or transferred to a post-
secondary institution; or
• Has been emancipated by court order.
 “Eligible Student”
An eligible student’s parents have the same
rights to information so long as:
• The student meets the definition of a
“dependent student” in § 152 of the Internal
Revenue Code of 1986.
The student is still living at home or is
financially dependent on the parents.
 “Eligible Student”
An eligible student’s parents have the same
rights to information so long as:
• The student meets the definition of a
“dependent student” in § 152 of the Internal
Revenue Code of 1986.
• The student is still living at home or is
financially dependent on the parents.
 When you must release
education records

• Parent Request
• Student Transfer
• Child Abuse Investigation
 When you may release
education records
• Read your district policy
• School officials
• Arkansas Department of Education
• A student who is under 18
• Directory information
 When you may release
education records
• Parent’s written consent
• Other schools
• Scholarships / financial aid
• Health or safety emergency
• Judicial order or subpoena
 Amendments
“If a parent or eligible student believes the
education records relating to the student
contain information that is inaccurate,
misleading, or in violation of the student's
rights of privacy, he or she may ask the
educational agency or institution to amend
the record.”
Are you in danger?
 Are you in danger?
• Ethics Charges

• Discipline

• Loss of Job

• Loss of federal funding

• Nasty Letter from

U.S. Dept. of Education
 Thank you!

Mark White, Staff Attorney

Arkansas Department of Education
Mark.White@Arkansas.gov
(501) 682-4227