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Elementary Student Confidentiality Policy

Federal and state laws govern the confidentiality of elementary school students. On the federal level, The Family Educational Rights and Privacy Act, or FERPA, mandates that all information in students' education records are confidential. FERPA also outlines procedures for disclosure or non-disclosure of a student's personal information. Those entities in which disclosures of the records can be made without parent or eligible student (student who is 18 or over) permission include other schools, financial aid institutions and accrediting organizations. The law is applicable to any elementary schools that receive federal funds, which includes nearly every public elementary school. In addition, there are state laws regarding confidentiality of information of elementary students' records. In some states, these laws restate the federal law; in others, an additional law stipulates that the parents shall receive information about the federal law and/or specify what information should be kept on record about a student.
  1. Health Records

    • The confidentiality of elementary health records vary from state to state. In most states, health records are confidential with limits as to who can view them. Only students over 18 or their parent or guardian can view this information. In a few states, there is no state policy regarding health records. In these states, the FERPA law still protects confidentiality, permitting only parents and/or students who are more than 18 years of age to view the records. The records can be released to other entities only with written permission by parents or eligible student unless requested by entities approved by the U.S. Department of Education. This law protects the confidentiality of health records from a student health clinic or notes of discussions about health between students and faculty members. Other stipulations about the confidentiality of health records can be decided locally by the school board.

    Cumulative Records

    • Cumulative records are usually kept in cumulative folders called cums. The laws and rules regarding confidentiality of these folders vary by state, but all have to meet FERPA disclosure requirements. In Mississippi, for example, additional laws require that the principal is responsible for the safekeeping of the cums. He can delegate this to another person on staff at the school. In this state and most others, cums are accessible to teachers and other designated staff (teacher's assistants, for example). In many school districts, such as the districts in Mississippi and Portland, Ore., teachers and other designated staff members must sign out the records prior taking them. In addition, cums are required to be locked up when not in use.

    Test Scores

    • The No Child Left Behind Act of 2001 requires that test score reports are confidential. Each student's individual score can only be reported parents, teachers and students. The test scores for groups of students are not confidential and are often reported to the media and other institutions.

    Grades

    • In most schools, grades on report cards and in teachers' records are not confidential. Teachers are permitted to hand out graded papers and report cards to students. Students are permitted to show these to other students.

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