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FERPA Family Education Rights and Privacy Act of 1974 (Buckley Amendment)

FERPA Family Education Rights and Privacy Act of 1974 (Buckley Amendment). Challenge. Student Records Availability Accuracy. Rights. Parents have the opportunity to: Inspect and review records Challenge the records (inaccurate/misleading information)

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FERPA Family Education Rights and Privacy Act of 1974 (Buckley Amendment)

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  1. FERPAFamily Education Rights and Privacy Act of 1974(Buckley Amendment)

  2. Challenge Student Records Availability Accuracy

  3. Rights Parents have the opportunity to: • Inspect and review records • Challenge the records (inaccurate/misleading information) • Be provided names/agencies of those requesting or obtaining information from those records

  4. Directory Information Does not require Consent Name, Date, address, telephone, date and place of birth, major field of study, participation in sports/ recognized activities, weight and height information (for athletics), dates of attendance, awards, degrees, previous educational facilities

  5. Owasso Independent School District v Falvo • 543 US 425 (2002) Challenge – Peer grading to be considered education record Violation of confidentiality of grades (records) Court held that peer grading is not a part of a students RECORD Burden Is a teachers book an academic record?

  6. Gonzaga University v Doe536 US 273 (2002) Private University learned of allegations against a student sexual assault a fellow student University contacted a state agency that was responsible for teacher certification and provided them with students name and allegations against him

  7. 5 months later student learned he would not be provided with an affidavit of good moral character from the university • 7:2 decision student could not sue a school that improperly releases grades or other personal information(FERPA) • Jury order of $450k to the student was not upheld but student was awarded $600k in monetary – defamation, invasion of privacy, negligence, and breech of contract

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