PPR Legal and Ethical Requirements for Texas Educators 2 — Questions and Answers
Question 1: Under FERPA, which of the following individuals may inspect a student's education records without prior parental consent?
- A teacher with a legitimate educational interest (Correct answer)
- A neighboring school district administrator
- A local newspaper reporter investigating school policies
- A parent of another student in the same class
Correct 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.
Question 2: A Texas educator suspects a student has been physically abused at home. What is the educator's legal obligation?
- Report suspicions immediately to the principal, who will then contact authorities
- Report suspicions directly to the Texas Department of Family and Protective Services or law enforcement within 48 hours (Correct answer)
- Discuss concerns only with the school counselor and document the conversation
- Contact the student's parents first to verify the suspected abuse
Correct 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.
Question 3: 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:
- The student's GPA is above 3.0
- The district has designated such information as 'directory information' and parents have not opted out (Correct answer)
- The student is 18 years old and verbally consents
- The principal approves the release in writing
Correct 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.
Question 4: Which statement best describes parental rights to access student education records under FERPA?
- Parents may request to review records, but the school has 60 days to comply
- Parents must be granted access within 45 days of requesting to inspect records (Correct answer)
- Parents can only review records during scheduled parent–teacher conferences
- Schools are not required to provide copies of records unless ordered by a court
Correct 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.
Question 5: Under FERPA, a school may disclose student records to law enforcement without parental consent when:
- Law enforcement presents a written request on official letterhead
- A lawful subpoena or court order has been issued (Correct answer)
- The student is suspected of a misdemeanor offense
- The school resource officer asks during a routine check
Correct 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.
Question 6: When a student turns 18 years old, FERPA rights transfer from the parents to the student. This means the school must:
- Continue to share all records with both parents and the student equally
- Obtain the student's written consent before releasing records to parents, except in specific exceptions (Correct answer)
- Notify parents in writing that their access to records has been permanently revoked
- Keep two separate record files: one for the student and one for parents
Correct 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.
Question 7: A Texas educator discovers that a colleague is routinely accessing student academic records out of personal curiosity rather than professional need. The educator should:
- Ignore the behavior because the colleague has school system login access
- Report the behavior to administration, as it violates FERPA's legitimate educational interest requirement (Correct answer)
- Confront the colleague privately and ask them to stop
- Assume the colleague must have been granted special administrative access
Correct 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.
PPR Legal and Ethical Requirements for Texas Educators 2
Under FERPA, which of the following individuals may inspect a student's education records without prior parental consent?