The term "disclosure" in the context of education refers to the act of making personal records available to individuals or entities other than the person to whom the records pertain. This includes sharing, transferring, or communicating any personally identifiable information found in education records through various means, such as oral, written, or electronic communication.
Disclosure is a critical concept in education law, particularly under the Family Educational Rights and Privacy Act (FERPA). It governs how educational institutions can share student records and information. Understanding disclosure is vital for educators, administrators, and parents, as it affects the privacy rights of students and the handling of their educational records. Users can manage disclosure-related issues using legal templates available through resources like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A school district shares a student's academic records with a college for admission purposes. This constitutes a disclosure since the college is a third party.
Example 2: A parent requests access to their child's educational records, and the school provides them. This is not a disclosure as the parent is the legal guardian of the student.
The primary statute governing disclosure in education is:
Examples of state differences (not exhaustive):
| State | Disclosure Regulations |
|---|---|
| California | Strict regulations on disclosure, requiring written consent for most disclosures. |
| Texas | Allows for broader disclosures without consent under certain circumstances. |
| New York | Similar to FERPA, with additional state-specific privacy protections. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Disclosure | Release of personal records to third parties. | Focuses on sharing information outside the individual. |
| Confidentiality | Protection of personal information from unauthorized access. | Emphasizes keeping information private rather than sharing it. |
| Access | The right to view personal records. | Involves the individual or their guardians accessing records, not sharing them. |
If you are a student or parent concerned about disclosure, consider the following steps:
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A disclosure is any release of personally identifiable information from educational records to someone other than the student or their guardians.