FERPA, Right to Due Process, and Search and Seizure Exam Questions With Correct Answers

How are students' right to privacy in their school records protected? (What Case) - Answer Family Educational Rights and Privacy Act (FERPA) 1974 What is the most commonly violated law for teachers? - Answer Family Educational Rights and Privacy Act (FERPA) 1974 Who does FERPA apply to? - Answer Applies to any school receiving federal funds. Parents have access to records until the student turns 18. Family Educational Rights and Privacy Act (FERPA) 1974 - Answer 1. Protects confidentiality of student records; Parental permission required. Consent must: Specify which records may be disclosed, state the purpose of the disclosure, and identify the party to whom disclosures may be made. 2. Allows access to individuals with legitimate educational interests. 3. Guarantees parents' right to inspect and review their children's educational records. 4. Establishes a procedure through which parents may challenge accuracy of student records. 5. School district must inform parents of their rights to a hearing if records are not amended. After hearing, the parents have a right to insert a statement into the record. What is the extent of students' right to due process? - Answer Each student has the right to have a fair procedure when faced with punishment. Students who are to be punished should be informed of the rule violation and provided an opportunity to respond. Brief, informal, thorough hearing to allow the student an opportunity to present his/her side of the issue. Two aspects of a student's right to due process? - Answer Procedural: Certain legal procedures must be followed to ensure fairness and avoid arbitrary and capricious actions by the school officials. Requires that a legally defensible procedure is followed to ensure that proper safeguards are available to protect those whose rights may be in jeopardy. Substantive: Deals with student's individual or personal rights. When a student's right is restricted, a valid reason must be established to justify the restriction, and the actual means employed to deny the student's right must be a reasonably calculated.