When Safety and Privacy Meet: How FERPA Deals with Security

December 15th, 2008 By: Diane Trim in Articles, Teachers' Corner

FERPA, or the Family Educational Rights and Privacy Act, gives student records protection. Parents and school officials can review a student’s grades, class schedules, and disciplinary records.

But, what if a student commits a crime? What if she has an allergic reaction and goes into shock? Can the police or medical officials have access to the student records?

In case of emergency, break open the records. According to the U.S. Department of Education, if the health or safety of the student or other students is in jeopardy, school officials can allow the law enforcement or public health officials access to a student’s records without parent consent for the duration of the emergency. After the crisis is over, the records are again private.

Know what an educational record is. The key to understanding FERPA and security or health situations lies in the definition of an educational record. If the school district maintains the record, like report cards, transcripts, discipline records, and even e-mails, it’s an education record and FERPA covers it.

However, if you have a campus police officer and she maintains law enforcement records about the student, these aren’t usually part of the student record. If your campus police officer maintains security cameras in the building, these aren’t part of the education record, either.

First-hand knowledge. If you overhear students plotting a food fight and e-mail someone about it with the students’ name, that’s part of the educational record. However, if share your personal observations with the campus police officer next time you see him, that’s not part of the educational record and doesn’t fall under FERPA’s protection.

Seek assistance. In cases like these, it’s always a good idea to refer authorities to your building administrator and to visit her office yourself. The law balances student records privacy and student safety and you’ll want to make sure that the student is protected and that you’re protected, too.

Tags: FERPA, student records