USLegal, Inc. Newsletter – August 2008
Back to School – Is Your Child’s School Record Protected?
Across the nation, children are headed back to the classroom. As part of their education, students will be tested and evaluated with their progress noted and reported. Questions some time arise as to who should have the right to access student records. The federal law which controls is FERPA, The Family Educational Records Protection Act.
The Family Educational Records Protection Act (FERPA) was originally passed in 1976 and has been amended many times since. Its purpose is to guarantee parents free access to student school records. Under provisions of the Act, the Secretary of Education has the authority to withhold all federal funding to institutions that do not make school records available to a student’s parents. There are exceptions to this rule, such as authorizing the transfer of transcripts when a student changes schools or applies for admission elsewhere, for researchers doing studies of educational techniques and practices when such research can be conducted confidentially and anonymously, for state or federal officials conducting audits of public assistance programs, or in the course of normal business. Many states now rely on FERPA to protect student privacy and insure parental access. A few states have gone beyond the protections of the federal act.
The question of the right of privacy and, specifically, who should have access to student records has been the subject of strong debate. Many school teachers and administrators believe, traditionally, that they should be able to deal with the children they teach in utter confidence-especially when it comes to evaluation of ability, behavior, and psychological factors. School administrators may have critical opinions and evaluations to make and pass on to colleagues in order to effectively deal with a particular student’s potential for success or failure in school. Release of these opinions to the family or the student may actually have a detrimental effect on the student and/or the teacher or the school’s ability to help the student.
On the other hand, students and parents have a deep interest in knowing how they or their child is evaluated-to know what school administrators are saying about the child and what impact those opinions are having on his or her progress in school. Parents may worry that negative evaluations or assessments may be off-base, inaccurate, or the result of an objective evaluation that misses personal situations and emotions. In addition, negative evaluations may be the result of physical or psychological handicaps or deficiencies in ability that need special attention and may be helped if parents or students are made aware of them. Parents have a responsibility for the quality of education that their children receive as well as a right to participate in decisions that affect class placement and particular courses and subjects taught.
To learn more about privacy of school records and to review specific regulations governing access to child’s records in your state, please visit the USLegal Law Digest at http://lawdigest.uslegal.com/education-laws/privacy-of-school-records/7105/.
More August Legal Headlines
FDA Allows Low Dose Radiation of Lettuce and Spinach
The Food and Drug Administration this month approved irradiation of fresh spinach and iceberg lettuce. The irradiation process will expose the produce to low amounts of radiation designed to kill germs and bacteria such as E. coli and salmonella. The method is also believed to help food last longer and according to the FDA, the produce will not lose its nutrient value.
The FDA says the irradiation process has been tested for more than 40 years and deemed safe to be used on a variety of foods.
Food growers and shippers can voluntarily decide whether or not to irradiate iceberg lettuce and spinach. However, if they do treat their produce, they must notify consumers. The FDA requires that foods which have been irradiated carry the “radura” label along with the statement “Treated with radiation” or “Treated by irradiation.”
The FDA continues to recommend that consumers wash fresh and bagged produce before eating it, unless the packaging specifically states that the product has been prewashed.
See this FDA link for more details: http://www.fda.gov/consumer/updates/irradiation082208.html.
Feds Indict 11 in Massive Identify Theft Case
Eleven suspects were indicted in August in what is being called by federal prosecutors the largest identity theft case that has ever been seen in the United States. The suspects have been charged with fraud, identity theft, and conspiracy.
The Department of Justice (DOJ) says the suspects are part of a ring which is believed to have stolen more than 40 million credit and debit card numbers.
The numbers were stolen from shoppers at major US retailers including Office Max, Boston Market, TJX Companies, BJ’s Wholesale Club, Barnes & Noble, and Sports Authority.
To read more about the ID theft case, see the following DOJ link:
http://www.usdoj.gov/opa/pr/2008/August/08-ag-689.html.
For more legal news, visit the USLegal Reporter at http://reporter.uslegal.com.
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In Brief
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Law and Legal Definitions
Home Schooling Law and Legal Definition
Home schooling is legal in all 50 states. However, laws and regulations vary from state to state, and interpretations can vary from school district to school district.
There are dozens of different approaches to homeschooling: a prepackaged curriculum, a structured curriculum of your own design, co-op or shared learning, working with a teacher, natural learning, a non-structured curriculum, child-led learning, and many others. Each family should explore the possibilities and decide on the right approach for themselves.
Home schooling means different things to different people. For some families, home schooling means duplicating school at home, complete with textbooks, report cards and regularly scheduled field trips. For others, home schooling is simply the way they live their lives – children and adults living and learning together with a seamlessness that would challenge an observer to determine which was “home” and which was “school.”
For more legal definitions, please visit our free online legal dictionary at http://definitions.uslegal.com/.
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