Should parent members of Kentucky school councils review identifiable student records?
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This page answers the general question as of 1993. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
In 1993, Kentucky's Attorney General clarified earlier advice about parent members of school-based decision-making councils viewing confidential student records. OAG 93-5 had said a school could release records to council members if a policy classified them as school officials and defined their legitimate educational interests. This clarification recommended a narrower approach for parent members: do not include them in the FERPA "school officials" exception while the federal position remained unresolved.
The AG said a principal could compile student information for the council in an unidentifiable form. It emphasized that its own view was advisory and that the federal Department of Education would decide who qualified as a school official. If that department later authorized parent-member access, the office advised requiring a confidentiality agreement before identifiable records were reviewed.
Currency note
This opinion was issued in 1993. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Historical summary
Parent members of school councils
The AG recommended that parent members not be treated as school officials for purposes of access to confidential student records at that time. It did not make a final federal-law ruling; it said the federal Department of Education was the final arbiter.
Principals and school districts
The opinion recognized that councils needed grades, test scores, and special-needs information to set school policy. It recommended presenting that information without identifying students. The AG cited the risk to federal funding if unauthorized people reviewed confidential records.
Districts considering later federal guidance
The opinion offered a conditional step: if the federal department determined parent council members could review confidential records, the district should require those members to sign an agreement not to disclose identifiable records outside official duties.
Common questions
Did this opinion advise parent council members to see individual student files?
No. Pending federal clarification, the AG recommended excluding parent members from the school-official exception for that access and giving the council unidentifiable information instead.
Did the AG say a council could receive any student information?
Yes. It said principals could compile information about grades, test scores, and special needs in a form that did not identify students.
Who had the final say about FERPA's school-official exception?
The opinion identified the federal Department of Education as the final arbiter. The AG described its own conclusion as advisory.
When did the AG suggest a confidentiality agreement?
Only if the federal department determined that parent members could review confidential records. The agreement was the office's recommended condition for that possible access.
Background and statutory framework
David L. Keller of the Kentucky School Boards Association asked the AG to clarify OAG 93-5. The earlier opinion had contemplated a school policy identifying council members as school officials with legitimate educational interests. OAG 93-35 responded to concerns about parent-member access by recommending a strict reading of the exception until federal clarification. It referred to KRS 160.345(2)(j), 20 U.S.C. 1232 g(b)(1)(A), and 34 CFR 99.6(a)(4).
Citations and references
- KRS 160.345(2)(j): council policy duty cited by the AG.
- 20 U.S.C. 1232 g(b)(1)(A): school-official exception cited in the opinion.
- 34 CFR 99.6(a)(4): legitimate-educational-interest policy requirement cited by the AG.
- OAG 93-5: earlier advice clarified here.
Source
Original opinion text
OAG 93-35
April 19, 1993
David L. Keller
Kentucky School Boards Association
260 Democrat Drive
Frankfort, KY 40601
Dear Dr. Keller:
You have written our office requesting a clarification of our recent opinion on the Federal Education Records Privacy Act (FERPA). OAG 93-5. You express several concerns regarding potential violations of FERPA when parent members of the School Based Decision Making Council are allowed to review confidential student records. Consequently, we wish to issue a clarification of OAG 93-5.
OAG 93-5 sets forth the background and intent of FERPA. This opinion also describes the statutory authority of school councils including their duty to establish policy in several delineated areas. KRS 160.345(2)(j). We stated that in "order to achieve the education goals envisioned by the Kentucky Education Reform Act (KERA) the school council must be intricately aware of the grades, test scores and special needs of the students attending the school." OAG 93-5. We found that a school could release student records to a school council member if the local school district or school had an appropriate policy finding that the school council members were school officials pursuant to 20 U.S.C. 1232 g(b)(1)(A). Additionally, the policy must define the "legitimate educational interests" of the school council members. 34 CFR 99.6(a)(4).
Our opinion was solely advisory and we warned that the final arbiter of who is considered a "school official" is the Federal Department of Education. We also cautioned that allowing unauthorized individuals to review confidential student records could jeopardize the receipt of federal funding. Until this issue is clarified by the Federal department of Education this letter contains our advice regarding disclosing confidential student records to parent members on school councils.
Because of the risk in allowing unauthorized persons to review confidential student records we believe that the best policy is to strictly interpret the "school officials" exception to FERPA and not include parent members of school councils in the definition of "school officials" for purposes of 20 U.S.C. 1232 g(b)(1)(A). While we understand that the school council needs significant data involving the students prior to forming school policies, we believe that this information can be compiled by the principal and other unauthorized school personnel in an unidentifiable manner and presented to the council members.
As stated above our opinions are only advisory; however, this conservative approach will protect the school districts, the schools and the individual school personnel and school council members from allegations of FERPA violations resulting from an unauthorized record examination.
If the Federal Department of Education determines that parent members of a school council are authorized to review confidential student records pursuant to FERPA, we would advise the school district to require the parent school council members to sign a confidentiality agreement whereby the parent must agree not to disclose the contents of the identifiable student records outside of his or her official duties.
Sincerely yours,
CHRIS GORMAN
ATTORNEY GENERAL
Lynne Schroering
Assistant Attorney General
(502) 564-7600
VLS:v
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