SAC Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under FERPA, which of the following is considered a legitimate educational interest allowing school officials access to student records without consent?
- Personal curiosity about a student's academic performance
- Fulfilling a professional responsibility in the employee's job description (Correct answer)
- Sharing records with a student's employer upon employer request
- Providing records to law enforcement without a court order
Correct answer: Fulfilling a professional responsibility in the employee's job description
FERPA allows school officials with a legitimate educational interest — meaning access is needed to fulfill their professional responsibilities — to view records without parental consent.
Question 2: A Student Assistance Counselor suspects a student is being abused at home. Under mandatory reporting laws, the SAC must report when:
- The student explicitly asks the counselor to report
- There is reasonable suspicion, even without proof (Correct answer)
- Abuse has been confirmed by a medical professional
- At least two staff members share the same concern
Correct answer: There is reasonable suspicion, even without proof
Mandatory reporting laws require reporting upon reasonable suspicion of abuse — counselors are not investigators and do not need proof before making a report.
Question 3: Which federal law specifically governs the confidentiality of substance use disorder treatment records in federally assisted programs?
- HIPAA
- 42 CFR Part 2 (Correct answer)
- FERPA
- ADA Title II
Correct answer: 42 CFR Part 2
42 CFR Part 2 provides strict confidentiality protections for patient records related to substance use disorder treatment in federally assisted programs, often more restrictive than HIPAA.
Question 4: A parent requests to inspect their child's educational records. Under FERPA, the school must provide access within:
- 24 hours
- 45 days (Correct answer)
- 30 days
- 10 business days
Correct answer: 45 days
FERPA requires educational institutions to provide parents access to their child's education records within 45 days of the request.
Question 5: The Individuals with Disabilities Education Act (IDEA) requires schools to develop an Individualized Education Program (IEP) for eligible students. Which team member is NOT typically required at an IEP meeting?
- A special education teacher
- A general education teacher
- The student's private therapist (Correct answer)
- A local education agency representative
Correct answer: The student's private therapist
IDEA mandates specific participants — including special ed teachers, general ed teachers, and LEA representatives — but a private therapist is not a required team member.
Question 6: A student discloses that she has been using marijuana and asks the SAC to keep it confidential. Which factor most directly limits the SAC's ability to maintain confidentiality?
- The student's age and grade level
- State mandatory reporting statutes and school policy (Correct answer)
- Whether the marijuana use occurred on school grounds
- The student's academic standing
Correct answer: State mandatory reporting statutes and school policy
State statutes and school district policy set the legal and procedural limits on confidentiality, overriding a counselor's personal commitment to keep a disclosure private.
Question 7: Section 504 of the Rehabilitation Act differs from IDEA primarily in that Section 504:
- Applies only to students with physical disabilities
- Requires an IEP for every eligible student
- Does not require specialized instruction, only accommodations (Correct answer)
- Is limited to federally funded post-secondary institutions
Correct answer: Does not require specialized instruction, only accommodations
Section 504 ensures students with disabilities receive accommodations to access education, but unlike IDEA it does not mandate specially designed instruction or an IEP.
SAC Regulatory Compliance & Legal Framework 2
Under FERPA, which of the following is considered a legitimate educational interest allowing school officials access to student records without consent?