Patti:  

I have to agree with Susan that FERPA mostly protects 18+ year olds from
being forced to share their academic records with their parents because the
parents request it from the institution (I wish I had known this when I was
in college!  I'd have thought twice about showing my grades to my parents
voluntarily!)  I really think, however, states implement this rigorously
when it comes to K-12, so the 'legitimate educational interest' almost
always has to meet a high standard.

I also believe that special education students have more protection than
general education students when it comes to sharing institutional records,
but I could be wrong. I'd love to hear from the K-12 specialists on the
list.  

Thanks, Varshna.


on 1/4/06 3:25 PM, Patti White at prwhite at MadisonCounty.NET wrote:


> Thanks for your response, Susan.

> 

> The website Varshna referenced says, "FERPA gives parents certain rights

> with respect to their children's education records. These rights transfer to

> the student when he or she reaches the age of 18 or attends a school beyond

> the high school level. Students to whom the rights have transferred are

> 'eligible students.'"

> 

> So if the student is under 18, it seems like the parents wouldn't need to

> sign a release form to see the student's records, because the rights pertain

> to the parents.  After 18, the parents would need a release from the

> student, but you still wouldn't, right?  Because as an Academic Development

> Specialist, you would be a "School official with legitimate educational

> interest"?  This opens up a whole can of worms that I just don't get yet,

> especially re: how this works for adult ed.

> 

> Patti White

> 

> 

> ----- Original Message -----

> From: Susan Jones

> To: learningdisabilities at nifl.gov

> Sent: Wednesday, January 04, 2006 3:05 PM

> Subject: Re: [LearningDisabilities] Out of school youth withlearning

> disabilities

> 

> 

> I would imagine that the privacy rights change when the magic age of 18 is

> crossed.    I know that parents we work with are often confused (and

> frustrated) when we tell them that we really can't talk to them about their

> children, period, without a release.

> 

> Susan Jones

> Academic Development Specialist

> Academic Development Center

> Parkland College

> Champaign, IL  61821

> sujones at parkland.edu

> Webmastress,

> http://www.resourceroom.net

> 

>>>> prwhite at MadisonCounty.NET 01/04/06 2:08 PM >>>

> Oh, Varshna.....there's really a loophole for confidentiality?  This is

> somewhat alarming.  Everything I've ever heard or seen from anyone in the

> field of adult ed & LD has been very, very clear that the students'

> disabilities can not be disclosed - even within the program - without a

> signed release form.  And I know that many states that have developed LD

> policy manuals for adult ed have been very explicit about following

> appropriate procedures regarding confidentiality...including ours in

> Arkansas.

> 

> The phrase "School officials with legitimate educational interest" is so

> vague.  Does this mean that: (1) teachers can share students' disability

> information among themselves, the GED examiner, the program director, the

> intake person, etc.?  (2) programs no longer have to worry about hiding

> disability information on reports to the state?  (3) the state doesn't have

> to hide disability information on reports to the feds?  I mean, this could

> seriously get crazy.  When I work with adult ed students who have learning

> disabilities, it's always a feeling of security for them that they are in

> control of who in the program had access to their disability information.

> 

> I'm wondering if anyone else out there knows more about how this actually

> plays out in real-life adult ed policies/procedures.  Thanks for any info

> you might have, and btw, I'm still looking for funding resources for

> accessibility projects.  ;)

> 

> Patti White

> Disabilities Project Manager

> Arkansas Adult Learning Resource Center

> prwhite at madisoncounty.net

> 

> 

> ----- Original Message -----

> From: Varshna Narumanchi-Jackson

> To: The Learning Disabilities Discussion List

> Sent: Tuesday, January 03, 2006 6:58 PM

> Subject: Re: [LearningDisabilities] Out of school youth with learning

> disabilities

> 

> 

> Robin:

> 

> In general, I believe you are correct. I found this at the US Dept of

> Education website: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

> 

> Generally, schools must have written permission from the parent or eligible

> student in order to release any information from a student's education

> record. However, FERPA allows schools to disclose those records, without

> consent, to the following parties or under the following conditions (34 CFR

> § 99.31):

> 

> -School officials with legitimate educational interest;

> -Other schools to which a student is transferring;

> -Specified officials for audit or evaluation purposes;

> -Appropriate parties in connection with financial aid to a student;

> -Organizations conducting certain studies for or on behalf of the school;

> -Accrediting organizations;

> -To comply with a judicial order or lawfully issued subpoena;

> -Appropriate officials in cases of health and safety emergencies; and

> -State and local authorities, within a juvenile justice system, pursuant to

> specific State law.

> 

> I would imagine that many adult education programs that are linked to K-12

> or community colleges can demonstrate a 'legitimate educational interest'. I

> would, however, question the value of an IEP that is out of date or does not

> represent a complete assessment that is in practice today.  It seems the

> real heart of the issue is funding for assessments.

> 

> I'd like to know if anyone on the list can offer some statistics on how many

> adults with LD actually have pre-existing IEPs that are (a) current and (b)

> relevant?

> 

> Varshna Jackson

> Austin, TX

> 

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