Student records are protected under the federal Family Educational Rights and Privacy Act (FERPA), as amended in 2001 by the No Child Left Behind Act (NCLB); records are also protected under individual state laws including Virginia State Code 22.1-287. Both state and federal laws protect the privacy of students and the laws outline the rules and regulations for obtaining access to these records. The laws apply to any educational agency or institution that receive funds under a program administered by the US Department of Education. A student or educational record contains information directly related to a student and is maintained by the educational agency or institution (or by a party acting for the educational agency or institution).
An educational record does not include:
• Records created for the sole use of the maker
• Records of an internal law enforcement unit
• Employment records
• Medical or counseling records of students 18 and older or attending a postsecondary institution
• Records only containing information about a student collected after the students are no longer at the institution
Personal information as defined by FERPA includes (but is not limited to):
• Name
• Names of family
• Address of student or family
• Personal identifiers (SS numbers, student IDs)
• Personal characteristics that would enable identification
• Other information that would enable identification
In order to obtain identifiable information from a student record, the student’s parent or the eligible student must provide a signed and dated written consent to the school’s administration before an educational agency or institution discloses personally identifiable information from the student's education records.
The written consent must:
• Specify the records that may be disclosed;
• State the purpose of the disclosure; and
• Identify the party or class of parties to whom the disclosure may be made.
The student’s parent or the eligible student can also request a copy of the records disclosed to the researcher. In addition, signed and dated written consent may include a record and signature in electronic form that:
• Identifies and authenticates a particular person as the source of the electronic consent; and
• Indicates such person's approval of the information contained in the electronic consent.
FERPA allows schools to release data to researchers without the student’s consent. You must be from an organization conducting studies for or on behalf of the school or an organization conducting studies for or on behalf of educational agencies or institutions. The purpose of your research should be to:
• Develop, validate, or administer predictive tests;
• Administer student aid programs; or
• Improve instruction.
(If your study meets the above requirements, it will also be considered "normal educational practice" and qualify for exemption.)
Conditions of Disclosure
In order for schools to disclose de-identified data, the following apply:
• Identities must be kept confidential and presented in a manner that prevents identification
• Information is destroyed when no longer needed for the purposes for which study was conducted
The following identifying information can be disclosed without consent:
• Schools may disclose without consent directory information on current students after providing parents the opportunity to opt out
• Schools may disclose without consent directory information on former students
• Directory information includes name, address, telephone #, date and place of birth, honors and awards, dates of attendance
Virginia Code also allows the disclosure of information concerning participation in athletics and other school activities, the winning of scholastic or other honors and awards, and other like information.