Click on the tabs below for current information and resources related to confidentiality, consent, and student records:
State and federal statutes provide specific protections to students and parents regarding pupil records. In some circumstances, the state law provides additional protection not included in federal law and vice-versa. In any case, school districts must comply with the most restrictive statute (i.e., the law that provides the highest level of protection). State and federal statutes also provide protection of student information maintained by community agencies and dictate how schools exchange information with agencies and systems outside of education. Statutory Language Student Records and Confidentiality Document (DPI)- The Student Records and Confidentiality bulletin addresses some of the most frequently asked questions related to pupil records. The bulletin has been designed to help local school districts develop their own local policies regarding student records and confidentiality. It is not to be construed as legal advice. Online Data Privacy Training for School Staff (DPI)- DPI offers a two-part, online training to help educators understand how to manage pupil records consistent with both state and federal laws. These trainings can fulfill the requirement in the Individuals with Disabilities Education Act (IDEA) regulations to have employees who access special education records complete training (34 CFR 300.623). Sharing Information Across Systems (DPI) - Summarizes the circumstances allowed for in statute, other than informed consent or court order, under which schools and other systems (e.g., law enforcement, the courts and juvenile justice, social services, health) can share confidential information. This resource is designed to help local school districts and their community partners develop local policies, procedures, and agreements regarding how they will share information across systems. It is not to be construed as legal advice. Records Retention Resources - Wisconsin Public School District GRS Crosswalk - The General Records Schedule (the 2023 GRS) governs the records retention obligations of school districts under Wis. Stat. § 16.61, and applies to “public records” as defined in Wis. Stat. § 16.61(2)(b). DPI created a crosswalk in an attempt to identify the state and local retention schedules that most closely align with superseded 2010 GRS retention schedules in order to aid school districts in transitioning to use of the retention schedules approved and made available by the Public Record Board. Student Data Privacy Webpages (DPI) - Additional DPI webpages related to Student Data Privacy Wisconsin Subpoenas & Court Orders Affecting Disclosure of Pupil Records - Wisconsin statutes related to court orders. Wisconsin School Nursing Handbook Chapter 12: Student Records The Family Educational Rights and Privacy Act or FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) provides certain rights for parents regarding their children’s education records. The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children. IDEA includes provisions to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained related to special education. Statutory Language Protecting Student Privacy Webpages and Resources (USDOE) - The U.S. Department of Education’s Student Privacy Policy Office (SSPO) has many Resources, FAQs, and videos on FERPA. The SPPO is responsible for the administration and enforcement of federal laws relating to the privacy of students’ education records, and for the provision of technical assistance on student privacy issues for the broader education community. A Parent's Guide to FERPA (USDOE) - This document was updated in July of 2021 and is intended to provide parents with general information about the Family Educational Rights and Privacy Act (FERPA). FERPA General Guidance for Students (USDOE) - This compilation of letters and guidance documents provides eligible students with general information about the Family Educational Rights and Privacy Act (FERPA). FAQs on Photos and Videos under FERPA (USDOE) - This document provides answers to frequently asked questions related to photos and videos as student records. School Resource Officers, School Law Enforcement Units, and the Family Educational Rights and Privacy Act (FERPA) (USDOE) - This guidance document consists of questions about school districts’ responsibilities relating to disclosures of student information to school resource officers (SROs), law enforcement units and others. FERPA/IDEA Cross-Walk (Updated 2022) (USDOE) - This document is a side-by-side comparison of the legal provisions and definitions in IDEA Part B, IDEA Part C and FERPA. It is intended to help differentiate these statutes and provide a comparisons for the shared definitions. Best Practices for Data Destruction (USDOE) - The Data Destruction Document is a best practices guide on properly destroying sensitive student data after it is no longer needed. PPRA (20 U.S.C. § 1232h, 34 CFR Part 98) affords parents of students certain rights regarding, among other things, participation in surveys, the collection and use of information for marketing purposes, and certain physical exams. Schools are required to develop and adopt policies, in consultation with parents, to address the protection of student privacy and parents’ rights under PPRA. The HIPAA Privacy Rule requires covered entities to protect individuals’ health records and other personal health information the entities maintain or transmit, known as protected health information (PHI), by requiring appropriate safeguards to protect privacy, and setting limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The rule also gives patients certain rights with respect to their health information, including rights to examine and obtain a copy of their health records, and to request corrections (amendments). These resources help schools understand the intersection of FERPA and HIPAA. Students under the age of 18 have some rights related to confidential services and behavioral health services (including mental health services) in Wisconsin. Confidential Services Available to Youth in Wisconsin (DPI) - This document provides information on Wisconsin law that provides some limited circumstances in which youth may access confidential services independently. WI Department of Health Services (DHS) Resources - Client Rights of Minor WI Department of Health Services (DHS) Resources Client Rights Pamphlets for Minors While parents usually retain legal authority over important decisions regarding their children, there are sometimes exceptions made by the court. These resources are meant to help clarify some complex situations related to educational decision-making authority. Educational and Medical Decision-Making for Children in Out-of-Home Care Webinar Recording and Slides - Visit the CCIP Training Calendar to access the recording. To access the slides, click on this direct link or find them in the Training Materials section of the Resources Page. In this webinar hosted by the Children’s Court Improvement Project (CCIP), the laws and policies governing educational and medical decision-making for children placed in out-of-home care or under a guardianship were reviewed. The presenters from the Department of Public Instruction and the Department of Children and Families explained when court orders and releases are required, as well as the rights retained by the parents. The webinar also included information on applying the reasonable and prudent parent standard to provide normalcy for these children.
Contact Information
For questions about access, disclosure, and maintenance of Personally Indefinable Information (PII) from pupil records, contact Julie Incitti (608) 266-0963.
For questions from employers, colleges, and universities who need to verify that a candidate has a GED or HSED from Wisconsin, view the GED/HSED Credential Verifications page.
For copies of a GED/HSED Transcript or Credential, view the GED/HSED Transcripts and Credentials page.
For access to an individual pupil record from a Wisconsin school, please contact the local school district.
To request confidential data from DPI, please fill out the form on the DPI Confidential Data Application page.