When working with students within the school setting, keeping and handling records is an important part of the job. These days, you can't be too careful when working with records that include student information. Strict state and federal rules governing privacy have made the mishandling of this information a lawsuit minefield. You need an in-depth familiarity with these rules to stay in compliance and avoid potential consequences. Are you confident that you're properly handling student records? Don't risk it when it's so easy to get up to speed.

We'll give you the information you need to navigate this sensitive area with ease - so you can reduce the risk of lawsuits both for yourself and your school. Identify which records are considered a part of a student's record so you can deal with them carefully and conscientiously. Make certain that you're adhering to the law by understanding how the Family Education Rights and Privacy Act (FERPA), No Child Left Behind (NCLB) and the Pupil Privacy Rights Amendment (PPRA) affect your record-handling practices. Avoid allegations of impropriety by incorporating FERPA and PPRA laws into your procedures. If student records are on your radar, you need this information – order today!

1. Taking a Closer Look at How Student Records Are Defined
2. The Family Education Rights & Privacy Act (FERPA)
3. No Child Left Behind Act (NCLB) and The Protection of Pupil Rights Amendment (PPRA)
4. State and Federal Laws Impacting FERPA and PPRA
5. Question and Answer Session

1. TAKING A CLOSER LOOK AT HOW STUDENT RECORDS ARE DEFINED
   8:30 - 9:45, Joseph E. McNeil
   1. What Documents Are Considered Part of the Student's File?
   2. How Directory Information Differs From an Education Record
   3. Handling Specific Types of Records
   4. Teacher Records
   5. Medical Records
   6. Counselor Records
   7. Assessment and Testing – What is Essential?
   8. Harmful Documents That Should Never Be Part of the Record
   9. Maintaining the Student's File
   10. Retention and Destruction of Records
   11. A Review of Sample Records
2. THE FAMILY EDUCATION RIGHTS & PRIVACY ACT (FERPA)
   10:00 - 11:30, Bernard D. Lambek
   1. Overview of Key Provisions and Definitions
   2. Student and Parent Rights Under FERPA
   3. District Duties and Responsibilities Under FERPA
   4. The Issue of Access
      1. When Consent is Needed
      2. What May Be Released Without Consent
      3. What Your Procedures Should Include For Disclosure of Records
      4. Maintaining a Record of Parties Accessing Records
      5. Application of FERPA to Special Education Records and NCLB Changes
   5. Understanding the Process for Amending Education Records
   6. Case Study in Retaining and Revising Records
   7. FERPA Enforcement
3. NO CHILD LEFT BEHIND ACT (NCLB) AND THE PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)
   12:30 - 1:30, Joseph E. McNeil
   1. What Qualifies as a "Survey?" – Changes Regarding Funded and Third Party Surveys
   2. What the Law Says You Can and Can't Ask on a Survey
   3. Parental Notification Requirements
   4. PPRA Compliance and Enforcement
4. STATE AND FEDERAL LAWS IMPACTING FERPA AND PPRA
   1:45 - 2:45, Dina L. Atwood
   1. HIPAA Requirements
   2. The USA Patriot Act
   3. National Defense Authorization Act
   4. State Laws That Protect Student Privacy Rights in Regard to Records
5. QUESTION AND ANSWER SESSION
   2:45 - 3:00, Dina L. Atwood, Bernard D. Lambek and Joseph E. McNeil

DINA L. ATWOOD is an attorney with Stitzel, Page & Fletcher, P.C. She practices in the areas of special and general education law and personnel-related matters. Ms. Atwood works most closely with the firm's education clients throughout the state. Ms. Atwood earned her B.A. degree from the University of Rhode Island and her J.D. degree from Vermont Law School. She is admitted to practice before the Vermont Supreme Court, the U.S. District Court for the District of Vermont and the U.S. Court of Appeals, Second Circuit.

BERNARD D. LAMBEK is a shareholder of Zalinger Cameron & Lambek, P.C. He has a diverse practice concentrating in commercial litigation, employment law, civil rights, education law, health care law, administrative law and appellate advocacy. After a short career as an elementary school teacher, Mr. Lambek attended Yale Law School, where he published articles in the Yale Journal of International Law and the Yale Law and Policy Review. He served as law clerk at the Vermont Supreme Court in Montpelier for two years, followed by two years as law clerk to Chief Judge Fred I. Parker of the United States District Court in Burlington. After joining Zalinger Cameron & Lambek, P.C., Mr. Lambek took a year's leave to serve as Judge Parker's law clerk on the Second Circuit Court of Appeals. He presents frequently at legal seminars on topics such as employment discrimination and school law. Mr. Lambek occasionally serves as an acting judge in Small Claims Court as well. He earned his B.A. degree, summa cum laude, at Dartmouth College and his J.D. degree from Yale Law School.

JOSEPH E. MCNEIL is a partner with the Burlington law firm of McNeil, Leddy & Sheahan, P.C., where he practices in the areas of labor and employment, civil litigation and school law. Mr. McNeil earned his B.A. degree from St. Michael's College and his J.D. degree from Notre Dame Law School. He is a member of the Chittenden County Bar Association, the Vermont and American bar associations, the U.S. District Court, District of Vermont, the U.S. Court of Appeals, Second Circuit, the U.S. Supreme Court, the International Municipal Lawyers Association, Vermont Chair and the Board of Trustees, Burlington College. Mr. McNeil is also the Chief Labor Negotiator for the State of Vermont.

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