Alaska Privacy of School Records Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed April 26, 2024
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The privacy of school records is crucial to protecting students' educational rights in Alaska. Every student has the right to keep their educational information private. In this article, we'll delve into the laws governing the confidentiality of student records in Alaska's public schools. Understanding these laws is essential to ensure that students' privacy rights are respected and upheld. Let's take a closer look at Alaska's privacy of school records laws.
Privacy of School Records Laws Generally
One key federal law governing this area is the Family Educational Rights and Privacy Act (FERPA). FERPA sets standards for the privacy of student records across the United States. FERPA applies to all educational institutions that receive federal funding. Under the requirements of FERPA, school officials must ensure the confidentiality of students' education records within education programs.
These records contain personally identifiable information (PII). PII includes student information such as the student's contact information and dates of attendance. It can also include identifiers like the student's social security number and enrollment status. It can also include information about the student's disabilities. School officials can only disclose this information with the consent of the eligible student or their parents if the student is under 18 years of age. But certain information, known as directory information, may be disclosed without consent. This is the case unless the student or their parents opt out. Directory information includes basic information like the student's name and phone number.
FERPA also grants eligible students and their parents or legal guardians the right to access and request amendments to education records. They can do so if they feel the information is inaccurate or misleading. School officials may disclose education records without consent in specific circumstances. For example, schools can disclose information to law enforcement for health and safety emergencies or in response to a lawfully issued subpoena.
Alaska Privacy of School Records Laws
In addition to FERPA, Alaska has its own statutes governing the privacy of school records. The Alaska Statutes outline specific requirements and protections regarding student records within the state. These laws reinforce the privacy rights established by FERPA.
| Code Section | Alaska Statutes § 47.10.340 |
|---|---|
| Who Has Access to School Records? | In this state, access to student records is generally restricted to school officials. These individuals must have a legitimate educational interest in disclosing the information. Those with the ability to gain eligibility include teachers, administrators, and other staff. They must have a reason to access the information to fulfill their professional duties. Additionally, eligible students and their parents or legal guardians have the right to access the information. They can also request copies and file written requests to change the records. |
| Agency to Contact for Complaints | You may want to file a complaint about school record privacy violations. If so, contact the U.S. Department of Education Student Privacy Policy Office. This office was formerly the Family Policy Compliance Office. |
| Penalty for Violation of School Record Privacy Laws | Violations can result in severe penalties at the federal level. Schools found in violation of FERPA may face the loss of federal funding. This includes both grants and loans. Those responsible for unauthorized disclosure of student records can also be held responsible. This means they are subject to fines or other disciplinary actions. The U.S. Department of Education imposes these actions. |
Note: State laws may change at any time through the enactment of new legislation, decisions made at higher courts, and other means. We strive to ensure the accuracy of the information on these pages, but you also may want to contact an Alaska education law attorney or conduct your own legal research to verify the state law(s) you are researching.
Getting Legal Help
There may be instances where you feel your or your child's privacy has been violated. In these situations, you have the right to seek legal help. Lawyers can help clarify student privacy and parental rights. Attorneys with experience in education law can provide guidance and representation to protect students' rights. They can also help ensure compliance with applicable federal and state regulations and school district policies. Attorneys can review subpoenas and other court orders. They can provide valuable guidance when exploring your legal options.
Consult a qualified Alaska education attorney about your potential case today.
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