Archived email messages may be found at
http://dese.mo.gov/divimprove/curriculum/lmcindex.htm
I have received several questions about the information concerning the
Confidentiality Policy. Hopefully this will clarify the information.
Lisa
From the January 29, 2007 email message
1. Correction -- FERPA stands for Family Educational Rights and Privacy Act (FERPA)
of 1974
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2. The state statute is == H.B. 1372 of the Missouri statutes -- Section 2 of
H.B. 1372 -- (1990 or before - can't put my hands on the actual statute right
now).
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3. Educational Record under FERPA == "Are K-12 school library records, such as
automated circulation records, considered "education records" under FERPA?"
Response from the office which administers the Family Educational Rights and
Privacy Act (FERPA).
FERPA contains a broad definition of the term "education records. It defines
them as "those records, files, documents, and other materials which --
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person
acting for such agency or institution."
34 CFR Part 99.3. "Education records."
In the circumstances described in the question, if the records are maintained by
a public school or district, and are able to be identified by student, then we'd
probably consider them to meet the qualification of FERPA as education records.
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Note from LW: The attorneys for the Department have told me they
interpret library circulation records part of the student record.