The way I read this (http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
) is that it primarily relates to directory information, and school record
info (progress, attendance, transcripts, etc.).  I don't think it applies to
'strictly confidential' stuff (medical records, AIDS, LD diagnosis, etc.).
I think rules for "strictly confidential info" trump these rules.  That's
just my own take.

Cathy Shank
phone: 304-766-7655 ext. 112 or 1-800-257-3723 ext. 112; fax: 304-766-7915
email: cshank at access.k12.wv.us

-----Original Message-----
From: learningdisabilities-bounces at nifl.gov
[mailto:learningdisabilities-bounces at nifl.gov] On Behalf Of Patti White
Sent: Thursday, January 12, 2006 12:04 PM
To: The Learning Disabilities Discussion List
Subject: Re: [LearningDisabilities] confidentiality in adult education

Hey Jeff, I was hoping you knew this one.  Okay, the question is this: In 
FERPA, it says:
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):

  a.. School officials with legitimate educational interest;
(http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html)

How does this work in adult ed?  Our policy manual says to use a release 
form to release any student confidential information to anyone, but I can 
see how a teacher might argue that they are a "school official with 
legitimate educational interest."

So....any comments?  June said she would try to get a lawyer to the summer 
Bridges seminar to address issues like this one.  Thanks,
Patti 

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