Chapter 7 – Liability and Student Records

Chapter Notes

 Primary purpose of maintaining educational records should be to aid school personnel in

developing the best educational program for each student enrolled in the school.
 Public Law 93-380, Family Educational Rights and Privacy Right (FERPA).
 Parents or legal guardians have the right to inspect their child’s record. School official
should be present to assist a parent or guardian.
 Parents, guardians, or eligible students must be notified before a school or district
complies with a judicial order requesting educational records.
 Student may exercise the same rights afforded parents or guardians, if age of eighteen or
is enrolled in postsecondary.
 FERPA currently permits schools to transfer any and all education records, including
disciplinary records, on a student who is transferring to another school.
 Elementary and Secondary Education Act (ESEA)
 Congress passed a provision in the No Child Left Behind (NCLB) Act that addresses the
disclosure of directory-type information to military recruiters.
 Qualified Privilege—requests that are made and school personnel respond in a truthful
and reasonable manner in accordance with prescribed duties.
 Good Faith—legitimate purpose be served by communicating the information.
 Absence of good faith may result in personal damages against those who do not operate
in a reasonable and prudent manner.
 Malice-exists when there is intent to harm or injure another.
 Truth—defense for liability, if no malicious intent is present.
 Implied malice—offender has no defense for conveying harmful information.
 Actual malice—offended person must demonstrate that the person making the offensive
comment had a motive for doing so.
 Student records should be maintained in a safe and secure place and should not be
removed from school premises by school personnel unless authorized.