New Hampshire Privacy of School Records Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed May 05, 2024
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The privacy of school records is a crucial concern for students and their families in New Hampshire. It involves safeguarding sensitive information collected by educational institutions. This helps ensure student privacy. This article provides an overview of the privacy laws governing school records in New Hampshire. It includes an overview of both federal and state regulations.
Privacy of School Records Laws Generally
Privacy of school records laws protect the confidentiality of student education records. One key law is the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law applying to educational institutions that receive federal funding. These schools must uphold the privacy rights of students and their families. FERPA includes the right to access and amend student education records. It includes restrictions on the disclosure of personally identifiable information (PII) without consent. This personally identifiable data includes identifiers. This can be data such as the student's name, address, and enrollment status.
FERPA also outlines exceptions to these rules. One exception allows the disclosure of information to school officials. These school officials must have a legitimate educational interest. Another allows disclosure to authorized representatives of the U.S. Department of Education. This disclosure can be for audit or evaluation purposes. FERPA also permits disclosures to law enforcement in compliance with a court order or subpoena. Educational institutions must navigate these exceptions while upholding the privacy rights of students.
New Hampshire Privacy of School Records Laws
In New Hampshire, the Department of Education plays a key role. This agency oversees the implementation of privacy laws related to school records. The state has its own regulations in addition to those of FERPA. Together, they help ensure the protection of student privacy. Student education records must be securely maintained by the school district. They may only be accessed by authorized personnel. PII, such as the student's name, date of birth, and social security number, is strictly protected from unauthorized access. This extends to information about disabilities, health records, and other sensitive data.
New Hampshire also addresses data security measures. These provisions help prevent unauthorized access to student information. Educational institutions must implement safeguards to protect student records from breaches or misuse. The state also regulates the retention and disposal of student records. This helps ensure that they are not kept longer than necessary.
| Code Section | New Hampshire Revised Statutes (RSA) § 91-A:5 |
|---|---|
| Who Has Access to School Records? | Access to student records is limited to authorized personnel within the educational institution. This includes teachers, counselors, and administrators who have a legitimate educational interest in the disclosure. The student's parents or legal guardians also have the right to access their child's education records. Other individuals or entities may access student records under specific circumstances outlined in federal and state laws. |
| 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, persons 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 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 a New Hampshire 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. They can provide representation to protect students' rights and data privacy.
Lawyers can also help ensure that education programs comply 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 eligibility for legal options.
Consult a qualified New Hampshire education attorney about your potential case today.
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