Privacy, Confidentiality and Education Records


ACARET PRIVACY OF RECORDS POLICY

The ACARET Board shall follow all applicable state and federal laws, rules and regulations that apply to educational records. All information submitted to ACARET for accreditation application which is personally identifiable to any applicant shall be kept confidential and not released except upon prior written consent of the applicant or upon the lawful subpoena or other order of a court of competent jurisdiction. Applicant information may be shared among the Board of Directors or accreditation committee members on an official “need to know” basis for accreditation purposes only.

This policy applies as well to the teacher’s student information (class roster) that is submitted to ACARET as part of the requirements for accreditation. Once the status of application is completed, student rosters are not needed and will be destroyed to comply with the FERPA statute.

ACARET CONFIDENTIALITY POLICY

ACARET will not send transcripts or copies of other educational records to any other school, prospective employer or other person without written request of the applicant.

TO SCHOOL OWNERS and EDUCATORS - Class Rosters Requested by ACARET

The FERPA statute provides for two conditions that apply to ACARET for Third-Party Access to educational information without student consent. 
1. Directory Information -  such as student name and phone number.
2. Accrediting Organizations - permitted disclosure of information with stipulations.


Directory Information: There are two types of educational records as defined under FERPA: Directory and Non-Directory.  ACARET only needs and requests information that is defined by FERPA as 'Directory'.   FERPA provides that schools may disclose this type of ‘directory’ information without the written consent of the student.

Accrediting Organizations: FERPA permits disclosure of personal information to an accrediting organization if it is needed to carry out the accreditation. Federal regulations require that the disclosure is allowable on the condition that only the representatives of the organization see the original records, the studies produced do not identify any particular student, and the information is destroyed after it is no longer used. See the ACARET Privacy Policy above for compliance with this condition.

For further reference and compliance regarding FERPA third-party access to educational information:


http://nces.ed.gov/pubs2006/2006805.pdf
http://epic.org/privacy/education/school.html
http://www.nacada.ksu.edu/Resources/FERPA-Overview.htm
http://ferpa.etuc.org/r/28