Home Table of Contents

005.18.16-16.02. Education Records.

AR ADC 005.18.16-16.02Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 16. Confidentiality
Ark. Admin. Code 005.18.16-16.02
005.18.16-16.02. Education Records.
Currentness
16.02.1 Education records are broadly defined as
16.02.1.1 Those records, files, documents, and other materials, which
A. Contain information directly related to the student; and
B. Are maintained by an educational agency or institution or by a person acting for such agency or institution.
16.02.2 Educational records are the type of records covered under the definition of “education records” in 34 CFR part 99 [the regulations implementing the Family Educational Rights and Privacy Act of 1974 (FERPA)]. According to interpretation provided by the Family Policy Compliance Office (FPCO) which administers FERPA
16.02.2.1 Any record, such as a permanent record, report card, a student's work, or a teacher's grade book, is an “education record” under FERPA if is maintained by a school and directly related to the student.
16.02.2.2 A psychological evaluation or assessment, as well as test protocol(s), would be education records under FERPA if they contain information that is “directly related” to the student.
16.02.2.3 Any test protocols or test question booklets which do not contain information directly related to the student are not education records under FERPA.
16.02.3 Records maintained by an agency or institution that are not “directly related” to the student are not “educational records” under FERPA, and parents do not have a right to inspect and review such records under FERPA.
16.02.4 FERPA requires that an educational agency or institution respond to reasonable requests for explanations and interpretations of education records, such as test answer sheets not accompanied by the question booklets.
16.02.4.1 A school district should, upon request
A. Provide an opportunity for a parent to review the education records; and
B. Provide any explanations and interpretations necessary, which may include
1. The interpretation of standardized test scores, such as reviewing the test questions with the parent.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.16-16.02, AR ADC 005.18.16-16.02
End of Document