Idaho Privacy of School Records Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed April 25, 2024
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In the education world, privacy is a paramount concern for students and their families. Protecting sensitive information contained within student records is essential. This practice helps maintain trust between educational institutions and the communities they serve. One crucial federal law that governs the privacy of student records is the Family Educational Rights and Privacy Act (FERPA). This law helps ensure that student education records are kept confidential. Understanding FERPA and how it interacts with state laws, such as those in Idaho, is vital for safeguarding student privacy rights.
Privacy of School Records Laws Generally
The Family Educational Rights and Privacy Act (FERPA) is a federal law. This law establishes guidelines for educational agencies and institutions that receive federal funding. These guidelines concern the privacy of student education records. Under FERPA, schools must get consent before disclosing personally identifiable information (PII). PII can only be disclosed from a student's records with consent.
But there are certain exceptions. This law also grants eligible students and their parents the right to review and request changes to education records. FERPA also permits schools to disclose directory information without consent. Directory information includes student data like the student's name and dates of attendance. It might also include their telephone number. Students or a student's parents or guardians can opt out of this disclosure if they'd like.
Idaho Privacy of School Records Laws
In Idaho, the State Board of Education sets specific rules under the Idaho Code to protect student information. This includes everything from a student's Social Security number to their health records. Schools must follow strict security policies to ensure this data is safe from unauthorized access. If there's a safety emergency, schools may share this information with law enforcement without a student's consent.
But there's a difference with routine data, like aggregate data for education programs or financial aid. This data requires adherence to strict confidentiality standards. Idaho law also states that student records can't become public records. These rules safeguard students' personal information against unnecessary exposure. With FERPA, Idaho has its own set of privacy laws concerning student data privacy.
Code Section | Idaho Statutes § 33-133 |
---|---|
Who Has Access to School Records? | Parents and guardians have access to student records under state law. Authorized individuals can also access student information in certain circumstances. |
Federal Agency to Contact With Complaints | To file a complaint about school record privacy violations, contact the U.S. Department of Education Student Privacy Policy Office. This office was formerly the Family Policy Compliance Office (FPCO). |
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. Additionally, individuals responsible for unauthorized disclosure of student records can be held responsible. This means they are subject to fines or other disciplinary actions. The U.S. Department of Education imposes these penalties. |
Note: State laws are always subject to change through the enactment of newly signed legislation. It can also be changed through voter-approved ballot initiatives or decisions of higher courts (both federal and state). While we strive to ensure the accuracy of these pages, you may also want to contact an Idaho education law attorney. Consider conducting your own legal research to verify the state law(s) you are researching.
Getting Legal Help
You may need legal help when your or your child's privacy is violated. In these situations, individuals have the right to seek legal help. Lawyers can help clarify student privacy and parental rights. Attorneys with experience in education law can help. They 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 also review subpoenas and other court orders.
Consult a qualified Idaho education attorney about your potential case today.
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