Kansas 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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Schools collect and store a lot of student information during a student's time in school. Schools collect information on a student's academic performance and disciplinary measures. They may record interactions with teachers and even store medical data. Much of this data is confidential under federal law. This means it's only accessible to students and their parents. But some states have more privacy protections or policies for controlling access.
In the state of Kansas, privacy laws on education are established. These laws help safeguard students' personal information. They also help ensure students' right to privacy within educational institutions. The Kansas State Legislature governs these laws. The Kansas State Department of Education and the local school district's board of education enforce them. Let's explore privacy of student records laws in Kansas.
Privacy of School Records in Kansas and Federal Law
Kansas law addresses school records privacy but defers to federal privacy laws. These include the Family Educational Rights and Privacy Act (FERPA). FERPA prohibits schools from disclosing personally identifiable information. This information can't be shared without the parent's written permission. This information includes files, documents, health records, and other materials about the student. The school collects and stores this information.
It also includes the Protection of Pupil Rights Amendment (PPRA). PPRA places certain restrictions on students' participation in certain activities. This includes the participation of students in surveys and evaluations. It helps protect the potential disclosure of sensitive information.
| Code Section | Kansas Statutes § 72-6311 |
|---|---|
| State Law | Student data may be disclosed at any time in certain situations. For example, authorized personnel of an educational agency can access the information. Authorized personnel of the State Board of Regents can also access the information. The student and their parent or legal guardian can also access the information. This is provided to make sure that the student data pertains solely to the student. |
| Who Has Access to School Records? | Access to student information is governed by FERPA and state law. The student, the student's parents, or the student's legal guardian can access the information. Authorized personnel of educational agencies or the state board of regents can also access the information. |
| 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. |
| 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 actions. |
Note: State laws are always subject to change and may do so at any time. They change most often through the enactment of newly signed legislation and higher court decisions. You also may want to contact a Kansas education attorney or conduct your own legal research to verify the state law(s) you are researching.
Protection of Student Information
The Kansas Student Data Privacy Act outlines privacy regulations. This law addresses the collection, storage, and dissemination of student information. Educational institutions, school districts, and their affiliates handle this information. This act aims to prevent unauthorized access to students' education records. This may include sensitive personal information. Personal information includes details like the student's date of birth and Social Security number. It also includes information about the student's academic performance.
Under this law, educational institutions must get written consent from a student's parents or guardian. They must do so before disclosing any directory information. This information includes the student's name and dates of attendance. It also includes information about the student's participation in school activities. Directory information is information that's not considered harmful. It's not an invasion of privacy if disclosed.
Limitations on Data Sharing
Educational institutions must adhere to strict guidelines. This includes when they are sharing student information with third parties. These third parties include service providers or state agencies. Any sharing of student data from the data system must be for a legitimate educational interest. It also must follow state and federal laws, including FERPA.
The use of biometric data is also regulated. This includes information like fingerprints or facial recognition technology. This helps ensure that students' right of privacy remains protected. Schools must get consent from parents or guardians before collecting biometric data. Such information must be securely stored. This helps prevent unauthorized access or potential security breaches that harm the students.
Getting Legal Help With Privacy Law Violations
If a student or their parent believes their privacy rights have been violated, they can seek legal help. This may involve filing a complaint with the school district. Or it could mean contacting the Kansas State Department of Education. You can seek representation from a qualified attorney with experience in education law.
Consult a qualified Kansas education attorney about your potential case today.
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