The guidelines presented throughout this document are consistent with the NII principles. Privacy laws lead to establishing regulations that education agencies and schools must follow so that information about children is available only to officials who are authorized to know such information. The laws were passed by the U.S. Congress to ensure parents the right of access to information about their children, while allowing education officials the flexibility they need to use the information in making decisions that serve children well. Federal and state privacy statutes pertaining to students in elementary and secondary schools build on concepts of common law and privacy guarantees found in the U.S. Constitution . Disclosure refers to access, release, or transfer of personal information about individuals.
Privacy laws define appropriate or inappropriate information disclosures or releases.
Any instance in which unauthorized individuals see or use private information about students is an inappropriate and often illegal disclosure, unless the parent or the student gives consent or the law makes such access legal. Informed consent involves providing a written account of why personal information is requested and how it will be used. In general, parents should have the option, without penalty, of agreeing or declining to provide the information an education agency or school requests. Certain information, however, is required by schools, and parents must provide the information in order for their children to be enrolled. Parents agreement must be based on an understandable explanation of how the information will be used.