Legal and Ethical Requirements for Texas Educators Flashcards

Under FERPA, which of the following individuals may inspect a student's education records without prior parental consent?

Answer: A teacher with a legitimate educational interest

FERPA permits school officials, including teachers, to access records when they have a legitimate educational interest as defined by the school's annual notification.

A Texas educator suspects a student has been physically abused at home. What is the educator's legal obligation?

Answer: Report suspicions directly to the Texas Department of Family and Protective Services or law enforcement within 48 hours

Texas law requires educators to report suspected child abuse or neglect directly to DFPS or law enforcement promptly, not to delegate that duty to an administrator.

A school district wishes to release a student's name and participation in varsity athletics to the local newspaper. Under FERPA, this is permissible if:

Answer: The district has designated such information as 'directory information' and parents have not opted out

FERPA allows disclosure of directory information—such as name, grade level, and participation in activities—without consent, provided the district has notified families and given them the opportunity to opt out.

Which statement best describes parental rights to access student education records under FERPA?

Answer: Parents must be granted access within 45 days of requesting to inspect records

FERPA requires schools to provide access to requested education records within 45 days, and parents also have the right to request copies.

Under FERPA, a school may disclose student records to law enforcement without parental consent when:

Answer: A lawful subpoena or court order has been issued

FERPA permits non-consensual disclosure of education records when a court order or lawfully issued subpoena requires it, though the school must make a reasonable effort to notify parents beforehand.

When a student turns 18 years old, FERPA rights transfer from the parents to the student. This means the school must:

Answer: Obtain the student's written consent before releasing records to parents, except in specific exceptions

Once a student reaches 18 or attends a post-secondary institution, FERPA rights transfer to the student, and parental access requires the student's consent or a recognized FERPA exception.

A Texas educator discovers that a colleague is routinely accessing student academic records out of personal curiosity rather than professional need. The educator should:

Answer: Report the behavior to administration, as it violates FERPA's legitimate educational interest requirement

FERPA restricts record access to those with a legitimate educational interest; browsing records out of curiosity violates this requirement and must be reported to school administration.