Discuss IAPP CIPP/US Exam Topic 5 Question 82

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

AA K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release

BA university posts a public student directory that includes names, hometowns, e-mail addresses, and majors

CA newspaper prints the names, grade levels, and hometowns of students who made the quarterly honor roll

DUniversity police provide an arrest report to a student's hometown police, who suspect him of a similar crime

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.

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30 comments · newest first

Mozelle 10 months ago

I disagree with B, even public directories should respect privacy more.

Gearldine 10 months ago

C is definitely okay, honor roll info is usually public.

Craig 11 months ago

Wait, can a university police report really be shared like that? Sounds sketchy!

Vallie 11 months ago

I think B is fine, public directories are allowed under FERPA.

Chandra 11 months ago

A K-12 vendor using a student's essay? That's a clear FERPA violation!

Darrin 11 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.

Hershel 12 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.

Clemencia 12 months ago

I'm not entirely sure, but I feel like the public student directory might be okay if it’s just directory information.

Rosendo 1 year ago

I think I remember that FERPA protects student education records, so maybe the K-12 vendor example is a violation?

Twana 1 year 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.

Pearlie 1 year 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.

Carlota 1 year 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.

Lisbeth 1 year 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.

Felix 1 year ago

This question seems pretty straightforward. I'm pretty confident I know the answer based on my understanding of FERPA.

Buffy 1 year ago

A university posting a student directory online? That's like putting your personal info on a billboard. Not cool at all!

Scarlet 1 year ago

↳ replying to Buffy

That's a serious violation of privacy.

Jill 1 year ago

Wow, these schools are really messing up! Posting a student directory and sharing honor roll info? What were they thinking?

Claudia 1 year ago

↳ replying to Jill

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

Stephanie 1 year 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.

Kerry 1 year ago

↳ replying to Stephanie

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

Marlon 1 year ago

I see your point, Brande. Both options B and D could potentially violate FERPA.

Brande 1 year ago

But what about option D? Isn't sharing an arrest report also a violation of FERPA?

Gerald 1 year ago

I'd say C is the answer. Releasing student honor roll information to the public without permission is a definite FERPA breach.

Shawnna 1 year ago

↳ replying to Gerald

User 2

Adria 1 year ago

↳ replying to Gerald

User 1

Yvonne 1 year ago

I agree with Marlon, sharing personal details like e-mail addresses is a breach of privacy.

Kris 1 year ago

Option B is clearly a violation of FERPA. Sharing student directory information without consent is a big no-no.

German 1 year ago

↳ replying to Kris

I agree, sharing names, hometowns, e-mail addresses, and majors in a public student directory without permission is a violation of FERPA.

German 1 year ago

↳ replying to Kris

That's right, option B is definitely a violation of FERPA. Student directory information should not be shared without consent.

Marlon 1 year ago

I think option B violates FERPA because it exposes personal information.

IAPP CIPP/US Exam - Topic 5 Question 82 Discussion