U.S. Secretary of Education Issues New Guidance on Student Privacy and School Safety
November 27, 2007
The recent shootings at Virginia Tech University have highlighted the struggle of school and college administrators to create safe schools without violating the student-privacy regulations mandated by the Family Educational Rights & Privacy Act (FERPA). In response to concerns expressed by educational leaders from across the country, U.S. Secretary of Education Margaret Spellings recently announced the publication of a series of brochures that offer specific guidance on how schools and colleges can balance school-safety concerns with the need to protect student privacy.
Secretary Spellings explained that “FERPA is not intended to be an obstacle to school safety, and the brochures will enable parents, teachers and administrators to safeguard students in our education system." [1] The three new guides are addressed to K-12 educators, higher education officials, and parents. The Department of Education also has published an updated list of emergency-management resources for schools.
Balancing School Security and Student Confidentiality
Under FERPA, the general rule is that schools must obtain written consent from the student's parent (in the case of K-12 students) or the student (if the student is in college) before releasing the student’s personally identifiable information to a third party, including other students and parents. However, in certain situations, administrators and teachers must also be able to act quickly and decisively. The new brochures highlight a range of scenarios and issues, including:
Educational vs. Law Enforcement Unit Records
The brochures remind educators that reports and records created by school security personnel acting as “law enforcement units” are not protected by FERPA and, thus, can be shared with other law enforcement, public health, and other safety officials without consent of the student or the student's parent.
Security Videos
Images of students on security videotapes created and maintained by the school's "law enforcement unit" can be shared with outside law enforcement officials and parents of students whose images are on the videotapes.
Personal Knowledge or Observation
Because FERPA only protects information contained in an educational "record," it would not prohibit an educator from disclosing information obtained through personal observation (such as actually hearing a student making a threat). Other legal constraints on disclosure, however, might apply, such as the Texas educators' code of ethics; therefore, educators generally should refrain from disclosing student information unless the recipient has a legitimate and professional reason to know the information.
Health and Safety Emergencies
During an emergency, educators may disclose student information (including education records) to law enforcement and public health officials or medical personnel; however, the exception does not include a blanket release of personally identifiable information.
Immigration Information
FERPA allows educational institutions to comply with information requests from the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement Bureau (ICE).
The Department of Education brochures also cover other important FERPA issues, including student health information, disciplinary records, and disclosures of information to parents of students who are over the age of 18. School administrators are encouraged to review their campus policies, procedures, and handbooks to ensure that they comply with federal privacy requirements. Schools and colleges also should consider requiring a periodic FERPA training workshop for faculty and staff to ensure that all employees are prepared to deal with the privacy questions that typically arise during the school year.
[1] “Secretary Spellings Announces New Guidance to Improve Emergency Preparedness in Schools, Joins Secretaries Chertoff and Gutierrez to Praise Fairfax County for Its Emergency Preparedness Efforts,” press release, U.S. Department of Education, October 30, 2007.