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IAPP CIPP/US Exam - Topic 5 Question 82 Discussion

Actual exam question for IAPP's CIPP/US exam
Question #: 82
Topic #: 5
[All CIPP/US Questions]

Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?

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Suggested Answer: A

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents or eligible students the right to access, amend, and control the disclosure of their education records, with some exceptions.Schools must obtain written consent from the parent or eligible student before disclosing any personally identifiable information from the education records, unless an exception applies123

Option A violates FERPA because it involves the disclosure of a student's personally identifiable information (PII) from the education records without consent.A student's signed essay about her hometown is considered an education record under FERPA, as it is directly related to the student and maintained by the school12A K-12 assessment vendor is not a school official with a legitimate educational interest, nor does it fall under any of the exceptions that allow disclosure without consent12Therefore, the school must obtain the student's (or the parent's, if the student is a minor) written consent before providing the essay to the vendor for public release.

Option B does not violate FERPA because it involves the disclosure of directory information, which is not considered PII under FERPA.Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed, such as name, address, phone number, e-mail address, major, etc12Schools may disclose directory information without consent, unless the parent or eligible student has opted out of such disclosure12However, schools must notify parents and eligible students of the types of directory information they designate and their right to opt out annually12

Option C does not violate FERPA because it involves the disclosure of information that is not part of the education records.FERPA only applies to education records that are directly related to a student and maintained by the school or a party acting for the school12A newspaper's publication of the names, grade levels, and hometowns of students who made the quarterly honor roll is not based on the education records, but on the newspaper's own sources and reporting. Therefore, FERPA does not prohibit such disclosure.

Option D does not violate FERPA because it involves the disclosure of information under an exception that allows disclosure without consent.FERPA permits schools to disclose education records, or PII from education records, without consent to comply with a judicial order or lawfully issued subpoena, or to appropriate officials in connection with a health or safety emergency123If the university police provide an arrest report to the student's hometown police in response to a subpoena or to prevent a serious threat to the student or others, they are not violating FERPA.


Contribute your Thoughts:

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Mozelle
3 months ago
I disagree with B, even public directories should respect privacy more.
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Gearldine
3 months ago
C is definitely okay, honor roll info is usually public.
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Craig
3 months ago
Wait, can a university police report really be shared like that? Sounds sketchy!
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Vallie
3 months ago
I think B is fine, public directories are allowed under FERPA.
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Chandra
3 months ago
A K-12 vendor using a student's essay? That's a clear FERPA violation!
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Darrin
4 months ago
The university police sharing an arrest report seems like it could violate FERPA, but I need to double-check what counts as an education record.
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Hershel
4 months ago
I practiced a question similar to this, and I think the newspaper printing honor roll names could be fine under FERPA, but I’m not completely confident.
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Clemencia
4 months ago
I'm not entirely sure, but I feel like the public student directory might be okay if it’s just directory information.
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Rosendo
4 months ago
I think I remember that FERPA protects student education records, so maybe the K-12 vendor example is a violation?
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Twana
5 months ago
I remember learning about FERPA in class, so I think I've got a good handle on this. I'll carefully consider each option and try to apply what I know about the law.
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Pearlie
5 months ago
Ugh, I hate these FERPA questions. They always seem to have tricky wording that makes it hard to know the right answer. I'm just going to have to guess and hope for the best.
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Carlota
5 months ago
Okay, let me see if I can break this down. FERPA is about protecting student records and information, so I need to figure out which of these scenarios would be a violation of that. I think I've got a strategy here.
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Lisbeth
5 months ago
Hmm, I'm a little unsure about this one. I know FERPA has to do with student privacy, but I'm not totally clear on the specifics of what it covers. I'll have to think this through carefully.
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Felix
5 months ago
This question seems pretty straightforward. I'm pretty confident I know the answer based on my understanding of FERPA.
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Buffy
6 months ago
A university posting a student directory online? That's like putting your personal info on a billboard. Not cool at all!
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Scarlet
6 months ago
That's a serious violation of privacy.
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Jill
7 months ago
Wow, these schools are really messing up! Posting a student directory and sharing honor roll info? What were they thinking?
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Claudia
6 months ago
A) A K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release
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Stephanie
7 months ago
Option D seems sketchy to me. Sharing a student's arrest record with their hometown police crosses the line, even if they're suspected of a crime.
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Kerry
7 months ago
A) A K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release
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Marlon
7 months ago
I see your point, Brande. Both options B and D could potentially violate FERPA.
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Brande
7 months ago
But what about option D? Isn't sharing an arrest report also a violation of FERPA?
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Gerald
8 months ago
I'd say C is the answer. Releasing student honor roll information to the public without permission is a definite FERPA breach.
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Shawnna
6 months ago
User 2
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Adria
7 months ago
User 1
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Yvonne
8 months ago
I agree with Marlon, sharing personal details like e-mail addresses is a breach of privacy.
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Kris
8 months ago
Option B is clearly a violation of FERPA. Sharing student directory information without consent is a big no-no.
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German
7 months ago
I agree, sharing names, hometowns, e-mail addresses, and majors in a public student directory without permission is a violation of FERPA.
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German
7 months ago
That's right, option B is definitely a violation of FERPA. Student directory information should not be shared without consent.
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Marlon
8 months ago
I think option B violates FERPA because it exposes personal information.
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