Family Education Rights and Privacy Act of 1974
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>> Hello everyone.
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>> I want to welcome you back to the course.
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>> Is Chris and I'm Cybrary's instructor for
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its US Information Privacy course.
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In Lesson 8.1, we're going to look at
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the Family Education Rights and Privacy Act
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of 1974 as amended,
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which is an important law.
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Privacy professionals that are supporting
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those educational agencies and
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institutions that must comply with
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this law should familiarize
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themselves with this requirements.
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There are several learning objectives.
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We're going to talk about the applicability of FERPA,
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we're going to talk about FERPA and
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the fair information practice principles,
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we're going to talk about those rights
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of parents and eligible students.
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When I talk about parents,
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I'm also talking about also legal guardians.
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We're going to talk about some of
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the annual privacy notice requirements.
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Who must comply with FERPA?
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If you are a public education institution
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or agency that is funded by
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the US Department of Education,
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then you must comply with FERPA.
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There are also private schools that receive funding
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from the Department of Education
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and they too must comply with FERPA.
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Now, there are parochial and private schools at
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the elementary and secondary level that do not
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receive funding from the Department of Education,
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and so they don't have to comply with FERPA.
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Now, there's a definition I want to
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discuss is that of an eligible student.
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FERPA defines an eligible student
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as a student that has reached the age of 18 or student
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at any age that's solely attending
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a post secondary education institution or agency.
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Under the age of 18,
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the student is still attending elementary,
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special education or secondary schools,
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then it is the parent or
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legal guardian that has control over how
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those educational records are shared and disclosed.
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But once the student turns 18 and they're attending
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a post-secondary school or
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they're attending a post-secondary school at any age,
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then those rights transfer to the student.
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That's why you can't contact
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the college's registrar's office and request
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access to your child's records without their consent.
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Now, you might use the leverage
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of paying for their tuition,
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but otherwise it's a student that owns those rights.
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FERPA itself aligns well against
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those fair information practice principles that we
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talked about in Module 1.
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No, the law itself says you got to give
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notice initially and then annually.
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Now, that notice itself has to notify
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the eligible students or the parents or
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legal guardians when appropriate what
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their rights are under the law.
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Right to notice, right to access to the records,
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right to have control over
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how those records are disclosed,
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right to ensure that those records aren't disclosed by
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that educational institution or agency without consent,
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except for in certain cases,
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that you have their security safeguards in place,
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that you're maintaining
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privacy protections over the records,
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that there's accountability there.
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All of those tips that we talked about in
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other modules are applicable and found in FERPA.
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There's some other definitions I'm going to
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talk about like again,
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how does FERPA define personally
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identifiable information
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contained in these educational records?
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Those can be names or security numbers,
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it could be information related to parents or relatives,
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it could be any information that might allow
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an individual to reasonably
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re-identify or identify that student.
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What are educational records?
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Those are records that relate directly to the student.
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Those are records that contain
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a person identifiable information
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as it relates to the student.
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Now, there's also another term I'm going to talk
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about and that's directory records.
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Directory records are those educational records
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maintained by the school or educational agency
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itself that contain information that
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wouldn't pose a harm to the student normally.
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Now, if a educational agency or
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institution wants to share that information publicly,
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then they have to give notice to
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the eligible student or
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to the parent or legal guardian and allow
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them to exercise their rights to block having
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their directory information shared publicly.
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If they don't block it,
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then the school itself
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can make that information available.
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Rights of parents and eligible students.
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They have rights, they have rights
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to access educational records.
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Upon receipt of that requests,
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the school unless there's
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some legal or lawful reason why they can't do so
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must provide those records
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upon receipt of the requests within 45 days.
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They can also, if it
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doesn't disenfranchise the eligible student,
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the parent or legal guardian, then again,
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they can also charge
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a reasonable fee for making copies of those records.
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Eligible students, parents and
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legal guard's also have a right to
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access their records and when
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there's inaccurate or misleading information,
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then they have a right to request
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an amendment to those records.
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If the school should decide that it is going
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to make the corrections to the inaccurate information,
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it must notify the eligible student,
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the parent, and/or the legal guardian.
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If it decides that it's not going to
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amend the record, then again,
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it must inform the student or the legal guardian or
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the parent of their right to a hearing on the matter.
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The school has to ensure that, again,
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it gives the eligible student, the parent,
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or legal guardian the time and place of the meeting.
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They have to appoint
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a disinterested third party to
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hear the argument from the eligible student,
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the parent or legal guardians perspective,
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and then based on the results of the hearing,
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if the school still decides not to amend the record,
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then that eligible student,
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that parent or legal guardian has
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the right to insert a statement into
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their records arguing their point of view.
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They also have control over
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how their workers are disclosed.
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Normally, educational institutions
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that must comply with FERPA
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cannot disclose
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a student's educational records without consent,
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and that's written consent.
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Now, there are exceptions.
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If you have educational officers
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of the school that are in performing
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their lawful and legal business
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can share that information internally without consent.
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If they contract the service
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of a third party, contractually,
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it requires them to process
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that information on the behalf of the school internally,
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then that information can be shared without consent.
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In cases of safety and health issues,
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then the school can
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share that information or disclose without consent.
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If there is a court order for the information,
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a warning subpoena for that information,
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then they could do so without consent.
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At the request of the eligible student,
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if they're transferring schools,
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applying for acceptance to another school,
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requesting transcripts or applying
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for financial aid, then again,
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that information because they already have
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the consent of the eligible student can,
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be disclosed without consent.
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What must be in that annual notification?
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It must tell the eligible student,
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parents or legal guardians their rights under FERPA,
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their right to access an amendment,
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their right to complaint resolution,
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the rights that they have to
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control access to their records,
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to whom that information has been disclosed and why,
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they've got to have security safeguards in place,
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and they also have to have
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accountability for who has access to that information.
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Question 1 asks,
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FERPA identifies educational agencies and
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institutions that must comply with it's provisions as?
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The appropriate answers are A and B.
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Question 2 asks,
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FERPA defines an eligible student as?
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The appropriate answers are A and B.
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Question 3 asks,
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which of the following exceptions allow
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FERPA compliant educational agencies and
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institutions to share
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student educational records without consent?
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The appropriate answers are A, B, C,
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and D. Question 4 asks,
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FERPA compliant educational agencies and
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institutions must notify eligible students,
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legal guards, and parents of what rights?
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A, B, and C are the correct answers.
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In summary, FERPA was enacted by Congress to
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ensure the protection of student educational records.
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If you are a public educational institution
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or agency funded by the Department of Education,
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then you must comply with FERPA and
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even those private schools that
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are funded by the Department of Education,
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they must also comply with FERPA.
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FERPA gives parents and
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eligible student's legal guardians rights over
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how information can be inspected
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and review to whom that information is disclosed.
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It also states that
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these entities must receive notice annually.
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