What information is public information? What is private? What are your rights to request public information?

The public has a right to inspect and receive copies of public records.  The law governing access to federal records is the Freedom of Information Act (FOIA).  The law governing access to state records is the Public Records Act (PRA).

Very few records in the State of California are specifically exempt from the PRA.  The cost for charging for access to these records is limited to duplication costs.  Records exempt from disclosure include those that are forbidden by federal law.

The Federal Education Rights and Privacy Act (FERPA) both enables parents full access to their student's records and protects the privacy of their student's records from the general public.  Directory information, such as student's name, address, and school of residence is specifically public information and not private.

Private information, including test scores, can be disclosed under certain criteria:

1. To third parties working with the local school district to analyze test data.  These third parties must be placed under privacy restrictions (e.g. non-disclosure agreement) to prevent the data from disclosed to the public:  33 CFR 99.3(b)(1)
2. Data may be released as long as it has been "reasonably de-identified".  This is somewhat addressed by a clarification written by the Dept. of Education, the governing body of FERPA. 

Circular 6525 indicates:

b. Personally identifiable information: Any item of directory-type or
nondirectory-type information that can be linked to or used to identify an
individual student. Personally identifiable information includes, but is not limited
to:
(1) Student’s name.
(2) Name of the student’s parent or other family member.
(3) Address of the student or student’s family.
(4) A personal identifier, such as the student’s identification number or social
security number.
(5) A list of personal characteristics that would make the student’s identity
easily traceable.
(6) Other information that would make the student’s identity easily traceable.

One interpretation provided by the Dept. of Education is that private information should not be "easily traceable".  This has been defined as that which:

would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty

 
PRA

Summary Public Records Act

FERPA

FERPA

Clarifications (in plain English)

ferpa_2_9_09