Understanding Kentucky’s Laws on Student Privacy and Records

Understanding Kentucky’s laws regarding student privacy and records is essential for educators, parents, and students alike. These laws are designed to protect the privacy of students while ensuring that educational institutions maintain accurate records. In this article, we will delve into the specifics of student privacy laws in Kentucky, focusing on the key regulations that govern student records, the rights of students and parents, and the implications for schools.

One of the primary frameworks guiding student privacy in Kentucky is the Family Educational Rights and Privacy Act (FERPA). This federal law grants parents the right to access their child's education records, to request corrections to those records, and to consent to disclosures of personally identifiable information. In Kentucky, schools must comply with FERPA, ensuring that student records are kept confidential and are only shared in specified circumstances.

In addition to FERPA, Kentucky has state-specific laws that further protect student information. The Kentucky Revised Statutes (KRS) Title 16 outlines additional guidelines regarding the confidentiality of student records. Under these statutes, schools must not disclose personal student information without the explicit consent of the student or their guardians, except for certain exceptions defined by law. For instance, information may be shared with agencies providing student services, such as mental health services, but in a manner that protects the identity of the student.

Under KRS 161.700-161.730, student records must include an official record of enrollment, attendance, and other academic performance metrics. Schools are required to maintain the accuracy and integrity of these records as part of their accountability measures. This law emphasizes the responsibility of educational institutions to ensure that the information they keep is both accurate and secure.

Additionally, Kentucky enacted The Student Data Privacy Act, which ensures that any third-party vendor working with schools must comply with strict data privacy regulations. This act prohibits the sale of student data and mandates transparency from educational technology providers about how data is stored, used, and shared. Schools must ensure that any technology used complies with both state and federal laws regarding data privacy.

Parents and students also have specific rights under Kentucky law regarding the handling of student records. They have the right to review and request amendments to educational records they believe are inaccurate or misleading. Furthermore, students who are 18 years old or older have the right to make decisions regarding their own educational records.

Finally, it is crucial for educational institutions in Kentucky to provide training for staff on the importance of student privacy and the legal requirements surrounding records management. Regular training can help prevent unauthorized access to student data and ensure compliance with both state and federal laws.

In summary, understanding Kentucky’s laws on student privacy and records is paramount for maintaining the confidentiality and security of student information. By adhering to both federal regulations like FERPA and state laws such as the Student Data Privacy Act, schools can foster a safe and supportive educational environment. Awareness of these laws empowers parents and students to exercise their rights effectively while ensuring that educational institutions remain accountable for the information they manage.