- The Family Educational Rights and Privacy Act (FERPA) and
The Protection of Pupil Rights Amendment (PPRA)
FERPA, a federal privacy law, that afforded parents the right to:
- Have access to their children’s education records,
- Confirm the accuracy and seek to have the records amended,
- Review and appeal the information, and
- Consent to the disclosure of personally identifiable information.
What Is FERPA (PDF), provided by the Capitol Resource Institute, explains what each of these rights meant. The newer PPRA amendment protects against data that isn’t required.
The Student Data Privacy Project explains more about FERPA and also provides parents with sample templates and letters to request your child’s data from school.
What you need to know.
- The Family Educational Rights and Privacy Act (FERPA) was originally a strong bill that blocked any school from disclosing Personally Identifiable Information (PII) from a student’s educational records to any non-school official without parental notification or consent.
- In 2008 and 2009 the bill was amended and consequently left useless by allowing schools to share data with third party companies and organizations.
- Medical and counseling records included in your child’s education records are not protected by the Health Insurance Portability and Accountability Act (HIPAA).
- The Protection of Pupil Rights Amendment (PPRA) protects students from having to reveal personal information without parental consent IF it is required, funded by the federal government, and collects data such as political affiliations and religious beliefs.
- Most surveys given to students are NOT required and therefore are not protected by PPRA.
- Schools are only required to notify parents of a survey being given and allow parents to opt their children out.
- Schools often slip this information in with multiple forms or handbooks in the beginning of the year to meet federal requirements and often goes unnoticed by parents.
- PPRA gives you the right to stop the data mining of your child, but you have to enforce it. Excerpt from page 6 of Data Mining Your Child (PDF)
- Electronic Privacy Information Center (EPIC)
Technology is moving so fast but is it eroding our privacy? EPIC seeks to protect privacy, freedom of expression, and democratic values in the information age and is a good resource concerning privacy issues.
- Privacy and Mental Health Research on Child Harm and Legal Liability
©The Reisman Institute 2019
Authors: Judith A. Reisman, Ph.D. and Mary E. McAlister, Esq.
Child Protection League has released and published this landmark, comprehensive and exhaustive scientific and legal research on the harm done to children when their privacy is violated.
Please use this thoroughly documented report as a resource for legislation, administrative policies, school policies, lawsuits, and business policies being considered or challenged. This resource is useful for research, writing, forums, debates and campaigns for public office. Please always give proper credit to the authors.
This comprehensive white paper equips lawmakers, administrators, judges, juries, educators, business leaders, and the public with a previously unavailable type of research. Adults responsible for the health and well-being of children must account for policies, practices, and curricula that threaten the emotional, physical, mental, and immunological health of children in their care. This paper provides the necessary evidence that these unjustified, antiscientific privacy invasion experiments must be ceased immediately before one more child is harmed. [p. 61]
- Social and Emotional Learning (SEL) Data Collection/Assessments
Each child’s responses are collected in a “data dashboard” and measured to see whether the child demonstrates change in regard to attitudes, feelings and behaviors. The results are entered into a national SEL data bank, often to third party vendors. Find additional information under Assessments at Social and Emotional Learning.
- Is Your Child Unsafe at the Doctor’s Office? Invasive Teen Questionnaire
The HealthPartner’s policy is one of many who are now requiring clinicians to administer a pre-teen/teen invasive health questionnaire answered only by the adolescent. The parent is then asked to leave the child alone with the clinician so the clinician can engage the child “one-on-one” about the answers and personal concerns.
With whom is this data being shared? State law allows the Minnesota Department of Health to require providers and health plans to “provide patient health records and claim files.” M.S. 62J.321 Data Collection & Processing Procedures
Beware of doctors that won’t let you as a parent accompany your child to the clinical area. The HIPPA Privacy Act is supposed to protect us from tyranny or any unethical deeds done by doctors and any other outside parties. It is absurd to think that a child’s privacy is being violated by having their own parent with them.
Please read the following for details so you can protect your child!
• Is Your Child Unsafe at the Doctor’s Office?
• Questionnaire (PDF)
• Letter: Parents beware of new health survey (PDF)
• When the Sign Says “No Parents Allowed”