Deck 7: Liability and Student Records

Question 1

The Family Educational Rights and Privacy Act was passed to:

A) Provide access to student records for non-custodial parents
B) Protect the confidentiality of student records
C) Allow parents to remove false information about their child
D) Allow parents to determine if school personnel can view confidential information on their child

Answer 1

Protect the confidentiality of student records

Question 2

Which of the following items should most likely not be included in an effective student file?

A) School suspension
B) Family background
C) Health records
D) Achievement data

Answer 2

School suspension

Question 3

Who of the following may not access confidential student records?

A) Student
B) Parent or legal guardian
C) Student's physician
D) Non-custodial parent

Answer 3

Student's physician

Question 4

Which of the following is not considered to be educational records?

A) Records
B) Instructional records
C) Files
D) Documents

Question 5

Directory information may be released which includes:

A) Student's name
B) Student's address and telephone number
C) Date and place of birth
D) All of the above

Question 6

When parents or legal guardians challenge the accuracy of information regarding their child, the school:

A) Schedules a conference to discuss the information thought to be inaccurate
B) Sends the parent or legal guardian a letter explaining the basis for recording the information
C) Have the child's homeroom teacher speak with the parent or guardian regarding their concern
D) Decide how it wishes to respond to the parent or legal guardian

Question 7

Which of the following steps must occur when the parent or eligible students gives consent to release records?

A) Consent must be provided in written form.
B) The form must be signed and dated by the consenting person.
C) The consent form must include a specification of the records released and the reason for the release including names of individuals to whom the records will be released.
D) All of the above

Question 8

Which of the following states have the most complete protection regarding confidentiality for counselors in their dealings with students?

A) Indiana, Kentucky, Missouri, and Montana
B) South Dakota, Ohio, Maine, Oregon,
C) Michigan and Nevada
D) Alabama and Arkansas

Question 9

What rights do school personnel possess under FERPA?

A) Access to confidential records for legitimate educational purposes
B) Disclosure of educational records to comply with judicial orders for state and federal agencies
C) Disclosure of disciplinary proceedings conducted against perpetrators of a crime
D) All of the above

Question 10

Students who attend postsecondary institutions or are eighteen years of age have rights with respect to FERPA. Which of the following is not a right granted these students?

A) Challenge the accuracy of information contained in records
B) Bring legal charges against school personnel who refuse to delete information from records as requested
C) Request hearing to contest information contained on records
D) Receive a copy of released request upon request

Question 11

Which of the following actions do not require eligible student, parent, or legal guardian consent?

A) Federal and state officials' inspection of student records
B) Enforcement of federal or state laws
C) Audit or evaluate federal education programs
D) All of the above

Question 12

Which of the following activities are not impacted by FERPA:

A) Peer grading of student papers
B) Homework assignments
C) Teacher's grade book
D) All of the above

Question 13

What requirements are covered regarding student records under No Child Left Behind?

A) States must have procedures in place to facilitate the transfer of disciplinary records regarding suspension and expulsion on students to private schools or postsecondary institution to which student is attending
B) Disclosure of directory information to military recruiters
C) The Secretary of Education must inform every state education agency and local educational agency of their rights under FERPA.
D) Parents are provided more rights regarding surveying of minor students and the collection of information from students for marketing purposes.

Question 14

Which of the following practices may not invite legal challenges regarding the actions of school personnel?

A) Sharing sensitive information found on a student's records with colleagues in the teacher's lounge
B) Making statements based on opinion regarding a student's morals
C) Discussing student achievement data with the principal
D) Making statements which suggest that a student has a contagious disease or mental problems

Question 15

Teachers or school officials may be protected from defamation suits based on qualified privilege. Which item is not covered by qualified privilege?

A) Statements made in good faith
B) Harmless gossip
C) Statements made without malice
D) Statements made in their official capacity without malice

Question 16

School districts have a responsibility on an annual basis to provide information to parents, guardians, and eligible students regarding the content of the Family Educational and Privacy Act.

Question 17

School districts are prohibited from providing directory information on students.

Question 18

The Supreme Court held in Owasso ISD v. Falvo that peer grading does violate FERPA.

Question 19

Students and parents may sue for damages under 42 U.S.C. § 1983 to enforce provisions of FERPA.

Question 20

Students who are 18 or attending a post secondary institution may exercise the same rights afforded parents or guardians under FERPA.

Question 21

University disciplinary records are educational records under FERPA.

Question 22

Libel is more serious than slander because it is written defamation.

Question 23

Qualified privilege is only valid when educators operate in good faith.

Question 24

Malice is present when there is an intent to harm another's reputation.

Question 25

Actual malice occurs when the offender has no defense for conveying harmful information.

Question 26

Truth is a good defense to charges involving defamation if no malice intent is present.

Question 27

Truth may not be sufficient in defamation cases if there is evidence that malice was involved.

Question 28

The courts allow some freedom to educators regarding privilege so long as they execute their official duties, have an interest in the information transmitted, and act in good faith.

Question 29

Courts generally support the view that custodial and non custodial parents may access their child's record.

Question 30

It is not necessary to notify a parent or legal guardian before a school district complies with a judicial order requesting educational records.

Question 31

Parents and legal guardians must be provided information regarding procedures for accessing educational records.

Question 32

Any teacher, counselor, or administrator may review a student's record if he/she wishes to do so.

Question 33

Schools are prevented, under FERPA, from maintaining serious disciplinary records on students even when their behavior poses a risk to others.

Question 34

Federal and state officials may inspect students' files without parental consent to enforce federal and state laws so long as the student is not permanently identified.

Question 35

Digitizing student records violates confidentiality of students' personal information under FERPA.
Fill in the Blank

Question 36

_____ is written defamation.

Question 37

____________ suggests that information is communicated to other eligible parties for a legitimate purpose and without any intent to damage a person.

Question 38

_______________ is based on the premise that the educator is operating in good faith when sensitive information is communicated to another person who has a need to know.

Question 39

________ exists when there is intent to harm or injure another person.

Question 40

_______ is generally considered a defense to charges involving defamation as long a there is no intent to harm another person.

Question 41

_________ is a tort or civil wrong committed against another in which recovery is appropriate with a showing that the offended party received injury based on the deliberate action of others.
Short

Question 42

Explain the basic provisions of the Family Educational Rights and Privacy Act (FERPA).

Question 43

Discuss the rights of parents and eligible students under FERPA.

Question 44

Provide examples of information that is considered directory information under FERPA.

Question 45

In the absence of district policy, how would you as a principal handle a request from a non-custodial parent requesting access to his/her child's record?

Question 46

Explain the ruling on Owasso ISD v. Falvo and its implications to teachers.

Question 47

Discuss the types of records that are not included under Public Law 93-380, the Family Educational Rights and Privacy Act. Provide a rationale as to why the records you identified are not included. (See Table 7.1 on page 203)

Question 48

What rights and responsibilities do school personnel have under FERPA with respect to student records. (See Table 7.2 on page 206)

Question 49

Under what conditions may students' privacy rights be jeopardized with digitization of student records?