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Last Updated: 10/31/2017
 

IEP Issues - Rights to Copies of Records and Freedom of Information Act (FOIA) and Family Educational Rights and Privacy Act (FERPA)

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MI Access To Student Directory Information (PDF) - Memo from The Michigan Department of Education Explaining When Student Directory Information Must Be Released to Military Recruiters and Others: No Child Left Behind (Section 9528) requires student directory information to be made available to military recruiters and institutions of higher education. Under the Family Education Rights and Privacy Act (FERPA) a student or his/her parents may request that information not be released without prior written consent.

 

The U.S. Department of Education has published two pieces of guidance about the Family Education Rights and Privacy Act to assist school districts. The links to guidance are found here:
 
Frequently Asked Questions about FERPA:
http://www.ed.gov/policy/gen/guid/fpco/faq.html
 
Model Notice for Directory Information:
http://www.ed.gov/policy/gen/guid/fpco/ferpa/mndirectoryinfo.html

MI The Michigan Department of Education (MDE) Student Issues unit has also published information about parental rights, including information about FERPA in a fact sheet on the MDE website:
http://www.michigan.gov/documents/parental_rights_122553_7.pdf 

 

MI HB 5198: FERPA - New Law would prohibit a public body from disclosing information in its minutes that would violate Family Educational Rights and Privacy Act.

 

Sample Letter: Limited Authorization to Release Records - Putting boundaries on how and when your child's educational records can be released to others.  Customize this letter [pdf size=66kb] then print and send!

 

MI Court: High School Athletic Group Not a Public Body - The Michigan High School Athletic Association is not a public body and therefore not subject to the Freedom of Information Act, a divided Court of Appeals panel ruled Friday.

 

U.S. Email is Public Record, Districts Learn

 

No Child Unrecruited - Buried deep within the new No Child Left Behind Act is a provision requiring public secondary schools to provide military recruiters with contact information for every student -- or face a cutoff of all federal aid. To many, requiring the release of personal information intrudes on the privacy rights of students - and they  plan to inform students of their right to withhold their records. [source]

 

Death Row Decisions  - When Daryl Renard Atkins was in school, no one came to the conclusion that he was mentally retarded—or even in need of special education.

 

Read the article "Bill in Congress Seeks Privacy for Home-Schoolers' Data"

 

Gongwer 7/25/02 - Top Court: Governments Must Prove FOI Materials Exempt

 

"Learning About the Family Education Rights and Privacy Act (FERPA)" from Pete and Pam Wright by clicking here:  http://www.fetaweb.com/04/ferpa.summary.htm.  

 

FERPA Ruling - University disciplinary records are "educational records" under the Family Education Rights and Privacy Act (FERPA), and an injunction against the release of such records and personally identifiable information therein, in violation of the FERPA, was proper; a newspaper has no qualified First Amendment right of access to traditionally closed student disciplinary proceedings.

 

 

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