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Proposed Amendments to FERPA
The Family Educational Rights and Privacy Act (FERPA), 20 USC 1232g, is a federal law that requires schools that receive federal funds to protect student records. Michigan districts are already familiar with FERPA requirements that they must abide by. However, a pending bill before the U.S. House of Representatives could greatly change the protections that a district must afford student education records. FERPA was enacted in 1974 when daily use of technology in school districts was not foreseen. Thus, HR 3157, the "Student Privacy Protection Act," proposes to amend FERPA to accommodate these changes in technology.
This bill would require schools to establish information security practices to protect education records and personally identifiable information (PII). If a breach occurs, the district must notify parents within three days of the district being made aware of the breach. The definition of "education record" would be expanded to include all student records that are maintained electronically or digitally. Read more...
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MDE Issues Controversial Memo on Behavior Intervention Plans
We have received several inquiries from our school district clients concerning the recent memoranda issued by the Michigan Department of Education on the subject of behavioral intervention plans for students with disabilities. On August 31, 2015, Norma Jean Sass, Deputy Superintendent, Education Services, addressed what she referred to as the “required” and “permissive” uses of behavioral intervention plans. Read more...
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Sixth Circuit Addresses Liability for Mandatory Reporters
The United States Court of Appeals for the Sixth Circuit issued a decision last April that has caused very considerable concern in the school community. As you may be aware, the Sixth Circuit has jurisdiction over cases arising within the State of Michigan and several surrounding states. In Schott v. Wenk, a case involving a school district in the Columbus, Ohio area, the Court concluded that a mandatory reporter who has reasonable cause to suspect child abuse, may, nevertheless, be held liable for the reporting. Read more...
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