South Dakota Privacy of School Records Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed May 03, 2024
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In South Dakota, laws protect the privacy of school records. These laws aim to safeguard sensitive information about students and their families. Understanding these laws is crucial for maintaining confidentiality and upholding students' rights. One key federal law is the Family Educational Rights and Privacy Act (FERPA). FERPA sets guidelines for handling student education records. It applies to educational agencies and institutions receiving federal funding.
FERPA grants certain rights to students and their families on the privacy of educational records. South Dakota's privacy laws work in conjunction with FERPA. Together, they help to protect student information. This article explores the specifics of South Dakota's privacy laws concerning school records. This includes what information is considered confidential and when it can be disclosed.
Privacy of School Records Laws Generally
Student education records contain sensitive information. This is information about a student's academic performance, enrollment, and personal details. These records are protected under federal and state laws to maintain privacy. The Family Educational Rights and Privacy Act (FERPA) is the main related federal law. In South Dakota, like other states, educational institutions must comply with FERPA regulations.
FERPA defines “directory information" as data that may be disclosed without prior consent. This is true unless the student or their family has opted out. Directory information typically includes a student's name and dates of attendance. It can also include their enrollment status and participation in school activities. But any other personally identifiable information (PII) can't be disclosed without consent. This includes information like Social Security numbers and grades.
School officials with a legitimate educational interest may access student records. But this can only be for authorized purposes. Additionally, FERPA rights extend to both full-time and part-time students. They also extend to students within special education programs. South Dakota's laws align with FERPA to protect the privacy of student information in public schools across the state.
South Dakota Privacy of School Records Laws
South Dakota's privacy laws build upon the foundation set by FERPA to safeguard student records. Under state law, educational agencies and institutions must ensure that PII remains confidential. Without the consent of the student or their legal guardian, schools can't disclose this information to third parties.
Exceptions may apply in cases where disclosure is necessary for educational purposes or as required by law. For example, schools may disclose information to appropriate officials to comply with a subpoena for disciplinary actions. Such disclosures must adhere to strict guidelines to protect student privacy.
South Dakota's privacy laws provide additional and more detailed protection. These layers of protection help ensure that student information remains secure and confidential.
Code Section(s) | |
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Who Has Access to Student Records? | Authorized school personnel, who may be part of an Interdisciplinary Child Information Team, can access student records. Parents, legal guardians, and eligible students can also access the records. Eligible students are students who have reached a certain age. State and local education officials can also access the records with a legitimate interest. Persons with court orders can also request access. |
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 violating FERPA may face the loss of federal funding. This includes both grants and loans. Those responsible for the unauthorized disclosure of student records can also be held responsible for that unauthorized disclosure. This means they are subject to fines or other disciplinary actions. The U.S. Department of Education imposes these possible penalties. |
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 may also want to contact a South Dakota 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 help represent 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 South Dakota education attorney about your potential case today.
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