Yup, this pretty much looks like I would have all kinds of rights that a parent wouldn't.  

I'm suddenly somewhat appreciative of how defensive one of my co-workers is about student information.    

>>> prwhite at MadisonCounty.NET 01/04/06 3:25 PM >>>

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 

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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