The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Show
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school. From Term 2 2021, the Child Information Sharing Scheme, the Family Violence Information Sharing Scheme, and the Family violence Multi-Agency Risk Assessment and Management Framework will expand to include a range of Victorian education and care workforces. Many organisations already work together to do this and many Victorian education and care workforces will become part of a system of sharing, requesting and using information about child wellbeing or safety. It will allow professionals working with children to gain a complete view of the children they work with, making it easier to identify wellbeing or safety needs earlier and to act on them sooner. On this page
Resources to support child wellbeing and safetyA range of resources is available to ensure that Victorian education and care workforces have the knowledge and information needed to work consistently and collaboratively to identify and respond to child wellbeing and safety needs. The following resources are for:
They are designed to help organisations prepare their workplaces for implementation and provide guidance on how to share information confidently, safely and appropriately under these new reforms to improve children's wellbeing and safety. These resources complement the delivery of Information Sharing and Family Violence Reforms briefings and online modules for education and care workforces. They should be adapted and used as appropriate in alignment with existing organisational requirements and procedures. Understanding your obligations to protect childrenAs members of a community, we all have a moral obligation to protect any child under our care and supervision from reasonably foreseeable harm. As a school staff member, you play a critical role in protecting children and must meet a range of legal obligations to identify, respond and report child abuse. The easiest way to comply with your legal and moral obligations is to remember that you must report any reasonable suspicion that a child has been abused, or is at risk of being abused, by following the Four Critical Actions. This includes abuse that has or is suspected to have, taken place within or outside of school grounds and hours. This section sets out your legal obligations in further detail. Understanding our obligations to respond to child abuseRead video transcriptUnfortunately this video doesn't include audio captions, but we're working on producing an accessible version for 2022. Willa: Hi again, and welcome to this section on understanding our obligations to respond to child abuse. Dane and I are going to run through the critical points and you guys can read through the text if you need more detail. Dane: So Willa, I want to make sure that the kids in my class are safe from abuse, and I’d do anything to make sure they are, but I don’t really know what my legal obligations are? Willa: Well, as staff members and contractors our obligations to protect children in our care from abuse are very high and they are set out in different pieces of legislation, including:
Dane: Can you explain how these obligations apply to me? How can I meet all of them? Willa: Of course Dane. The easiest thing to remember is that this resource has been designed to help you to meet your obligations to respond to child abuse. The easiest way to comply with these obligations is to remember to follow the Four Critical Actions any time you form a reasonable belief that a child has been abused, or is at risk of being abused. Dane: Does this include abuse that might have occurred outside of school hours and not on school grounds? Willa: It certainly does. Dane: That seems easy enough, but I’d still like to take a look at each of our obligations. Willa: Ok. We have a duty of care to take reasonable steps to protect the children under our care and supervision, from any harm that is reasonably foreseeable. And that duty applies to all school staff, including teachers, principals, allied health staff and contractors. Dane: What do you mean “reasonable steps”? Willa: Well, reasonable steps will depend on the individual circumstances. Put simply, we’d breach our duty of care if we failed to act in the way a reasonable or diligent professional would have acted in the same situation. Dane: Hmm. Can you give me an example? Willa: Well, if we suspected a child was being abused, reasonable steps would likely include:
Dane: Thanks Willa, but what Mandatory reporting? I’m a mandatory reporter aren’t I? Willa: Yes you are. You probably already know about our Mandatory Reporting requirements? There are certain classes of professionals, who are classified as “mandatory reporters”. Dane: Like teachers? Willa: Yes, within our school this includes:
Dane: What about Principal Dixon? Willa: Yep, him too. All mandatory reporters must report to Victoria Police or DHHS Child Protection as soon as possible if, during the course of carrying out their professional roles and responsibilities, they form a reasonable belief that: a child has suffered, or is likely to suffer, significant harm as a result of physical abuse or sexual abuse, and the child’s parents have not protected, or are unlikely to protect, the child from harm of that type. Dane: And it’s a criminal offence not to report in these circumstances isn’t it? Willa: Yes, and there are also a range of new criminal offences which have just been introduced. The Victorian Government has introduced new criminal offences to protect children from sexual abuse. Dane: I’ve heard about these, they relate to all adults not just school staff, don’t they? Willa: Yes, the new “Failure to Disclose” offence applies to all adults who form a reasonable belief that another adult may have committed a sexual offence against a child under 16 years of age, and fail to report this information to Victoria Police. There is also a new offence called Failure to Protect. This offence applies to person in a position of authority within an organisation who knows of a substantial risk that a child: who is under 16 years and in the care and supervision of the organisation or who may become the victim of a sexual offence committed by an adult associated with that organisation. Dane: Ok so does that cover it? Willa: Just one more. A new Ministerial Order came into effect on the 1st of January 2016. Dane: What is that? Willa: It’s something that all schools must comply with if they are to remain registered with the VRQA. The Order sets out the actions that schools must take in order to meet seven new Child Safe Standards, which have been introduced in Victoria. This whole Protect package has been designed to support schools to meet these obligations. This resource will help us to meet Standard Five, which is about responding to abuse. Dane: Ok, so let’s see if I’ve got this right. We’ve got a range of obligations to responding and report suspected abuse. In some circumstances it may even be a criminal offence if we fail to respond. Willa: And the easiest way to meet these obligations? Both: Follow the Four Critical Actions. Duty of care obligationsAs a school staff member, you have a duty to take reasonable steps to protect children under your care and supervision from harm that is reasonably foreseeable. Who does this apply to?Applies to all school staff. Your duty of care also extends to students who are: Aged 17 years and overIn circumstances where you suspect that a student over the age of 17 is subject to abuse you should still follow the Four Critical Actions for Schools. Although the Department of Families, Fairness and Housing (DFFH) Child Protection generally work with children under 17 they can still be contacted with concerns relating to students 17 and over for referral and advice. Other services, such as the Orange Door, can provide services and support to adolescents. Involved in student sexual behaviourYou have a duty of care towards all students involved in student sexual behaviour, including students exhibiting concerning or harmful behaviours, students impacted by such behaviours, and any other students in the school who may have witnessed or been affected by the sexual behaviour. For more information, refer to Identifying and Respond to Student Sexual Offending. What must schools do?The Four Critical Actions outlines steps to take and services to refer to depending on your assessment of the child’s situation. You must follow the Four Critical Actions, including reporting to Victoria Police or the DFFH Child Protection, or refer to other services like Child FIRST/The Orange Door, to ensure that you fulfil your duty of care obligations. For more information, refer to
Report abuse. What does 'reasonable steps' mean?The question of what constitutes 'reasonable steps' will depend on the individual circumstances of each case. You may breach your duty of care towards a student if you fail to act in the way a reasonable or diligent professional would have acted in the same situation. In relation to suspected child abuse, reasonable steps may include (but are not necessarily limited to):
More informationFor more information, refer to Report abuse. Mandatory reportingA mandatory reporter who fails to comply with reporting obligations may be committing a criminal offence. Who does this apply to?There are certain classes of professionals who are classified as "mandatory reporters". Within a school mandatory reporters include all:
What must schools do? All mandatory reporters must make a report to Victoria Police or DFFH Child Protection as soon as practicable if, during the course of carrying out their professional roles and responsibilities, they form a belief on reasonable grounds
that:
It is a criminal offence not to report in these circumstances. Mandatory reporters must also follow the Four Critical Actions to ensure they fulfil all their legal obligations. Failure to discloseFailure to disclose is a criminal offence. This offence applies to all adults (not just professionals who work with children) who:
A person will not be guilty of the offence if they have a reasonable excuse for not disclosing the information. A reasonable excuse includes:
Failing to disclose a sexual offence based on concerns for the interests of the perpetrator or organisation (for example: concerns about reputation, legal liability or financial status) will not be regarded as a reasonable excuse. Additional exemptions apply where:
What must schools do?All adults, not just professionals who work with children, have a legal
obligation to report to Victoria Police formed a reasonable belief that another adult may have committed a sexual offence against a child under the age of 16. More informationFor more information, visit Failure to disclose the offence Failure to protectFailure to protect is a criminal offence. Who does this apply to?This offence applies to a person in a position of authority within an organisation who:
Within a school setting, a position of authority includes:
What must schools do?Any staff member in a position of authority who becomes aware that an adult associated with their organisation (employee, contractor, visitor) poses a substantial risk of committing a sexual offence against any child under the age of 16 under their care, supervision or authority, must take all reasonable steps to remove or reduce that risk. More informationFor further information on these offences, refer to:
Doctors in Secondary Schools can refer to Information sharing requirements. Ministerial Order No 870: Child Safe StandardsAll Victorian schools must comply with Ministerial Order No. 870: Child Safe Standards – Managing the Risk of Child Abuse in Schools (PDF, 191KB), in order to be registered, and remain registered with the Victorian Registration and Qualifications Authority (VRQA). Who does this apply to?Applies to all Victorian schools. School governing authorities (which includes government school councils, principals and nominated school leaders) will have responsibility for ensuring that schools meet all of the obligations set out within the Order. What must schools do?All Victorian schools must:
In meeting the requirements of Ministerial Order 870, schools must be inclusive of the needs of all children, particularly students who are vulnerable due to age, family circumstances, abilities, or indigenous, cultural or linguistic background. More informationFor more information, refer to Ministerial Order No. 870 (PDF, 191KB) For support on how to meet these obligations, refer to Child Safe Standards: Creating a child-safe environment. Reportable conduct schemeThe department has a responsibility to report any allegations of 'reportable conduct' raised against Department employees who are over 18 years to the Commission for Children and Young People (CCYP). There is an allegation of reportable conduct where a person has a 'reasonable belief' that there has been:
The scope of ‘reportable conduct’ is wide, and includes:
However, student-to-student abuse is not covered by the Reportable Conduct Scheme. Who does this apply to?All department employees (including a principal, teacher, corporate staff member or school council employee), contractors, volunteers, or allied health staff members. What must schools do?To ensure you fulfil all of your legal obligations, principals or other school staff should follow the Four Critical Actions. These actions will support you to follow the notification steps required by the Reportable Conduct Scheme. Government schoolsTo respond to an allegation of reportable conduct in a government school, principals or other school personnel do not need to make a report directly to the Commission for Children and Young People. Government school staff members should notify the principal of the allegation, and government school principals must then notify the Employee Conduct Branch on (03) 7022 0005 as soon as possible. The Employee Conduct Branch will then report the allegation to the Commission for Children and Young People, on behalf of the Department. Catholic schoolsTo respond to an allegation of reportable conduct in a Catholic school, principals should contact:
Independent schoolsIndependent school principals should directly contact the Commission for Children and Young People. More informationThe Reportable Conduct Scheme does not change a person’s mandatory reporting or other reporting obligations. For example: school staff must still contact Victoria Police if they suspect a criminal offence involving a child has occurred, in addition to following the notification steps required by the Reportable Conduct Scheme. Further information regarding the Scheme is available at:
Report a child in need of therapeutic treatmentAny member of the public is able to report concerns about a child's (who is aged at least 10 and under 18 years) sexually abusive behaviour to the DFFH Child Protection. DFFH Child Protection may make an application to the Children's Court for a therapeutic treatment order if it assesses that:
These orders require the child who is the subject of the order to attend an appropriate treatment program to address their sexually abusive behaviours. They may also have conditions requiring the child's parents or carers to take any necessary steps to enable the child to attend the treatment. Reporting to DFFH Child Protection in relation to a child who may be in need of therapeutic treatment does not replace your requirement to report student sexual offending to Victoria Police. In relation to children and young people exhibiting sexually abusive behaviour:
Related policies and guidance
Can teachers share personal information with students?Generally, you can share directory information without parental consent, unless parents have told the school otherwise. So, think carefully about whether an activity, like an online assignment submission program, means sharing student information without parental consent.
What is your responsibility as a teacher regarding confidential information?Teachers are responsible for holding every student's data in confidence and sharing it only with necessary parties such as parents, other teachers, and administrators. Finally, teachers can keep student data both private and confidential by establishing clear security practices in their classrooms.
When can schools release personally identifiable information?FERPA permits school officials to disclose, without consent, education records, or personally identifiable information from education records, to appropriate parties (see Q&A 9) in connection with an emergency, if knowledge of that information is necessary to protect the health or safety of the student or other ...
Who has access to a child's personal information in school?Parents are only entitled to access the personal information held about their child if the child is unable to act on their own behalf, or if the child has given consent to their parent. Even if the child is young, the personal data being held is still their personal data.
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